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70.430 Constable duties -- Monthly report. (Effective January 1, 2023)
(1)
(2)
(3)
Constables on or before the tenth day of each calendar month shall make a
report concerning the performance of the duties of office by himself or herself
and his or her deputies, if deputies have been authorized under KRS 70.320,
during the next preceding calendar month. The reports shall be made:
(a) To the county clerk in counties containing an urban-county government or
a consolidated local government; or
(b) To the county fiscal court in all other counties.
The reports required under subsection (1) of this section shall be in the form
and include any information required by the office to which the report is to be
submitted under subsection (1) of this section, but shall at a minimum contain:
(a) A statement showing the total number of each kind of civil processes and
orders received, the total number of each returned executed, returned
unexecuted, and not returned and not executed;
(b) A statement showing the amount of any fee or fees collected on each civil
service of process;
(c) If the constable is qualified and is authorized to execute warrants in
criminal matters or otherwise exercise the powers of a peace officer under
KRS 70.325, a list of the names and addresses of all persons for whom
warrants of arrest have been obtained by the constable and his or her
deputies, noting the name of the officer obtaining each warrant, the name
of the officer executing each warrant, and indicating the warrants returned
executed, returned unexecuted, and not returned and not executed; a list
of the names and addresses of all persons for whom warrants of arrest
have been obtained by others and delivered to the constable and his or
her deputies for execution, noting the name and address of the person
obtaining each warrant; the name of the officer executing it, and indicating
the warrants returned executed, returned unexecuted, and not returned
and not executed; a list of the names and addresses of all persons
arrested by the constable and his or her deputies without warrant, noting
the name of the officer making the arrest and the cause of the arrest; a list
of all the places for which search warrants have been obtained by the
constable and his or her deputies, noting the name of the officer obtaining
each search warrant, the name of the officer executing it, and indicating
the search warrants returned executed, returned and unexecuted, and not
returned, and not executed; and
(d) Under the heading of other matters, a complete and detailed report upon
each and all other acts of the constable and his or her deputies performed
under authority, or under color of authority, of office.
Each monthly report shall be subscribed and sworn to by the constable and
such parts thereof as pertain to the acts of his or her deputies beyond his or
her presence shall be deemed to be sworn to upon information and belief.
Upon request, attested copies of the reports shall be promptly delivered to the
county judge/executive, the mayor of an urban-county government or
consolidated local government, the county attorney, or the attorney for the
Commonwealth.
(4)
(a)
(b)
1.
In consideration of the collection and administration of the reports
required to be submitted to fiscal courts under subsection (1)(b) of
this section, the fiscal court or legislative body of any county greater
than seventy thousand (70,000) shall be entitled to collect a fee in a
sum equal to twenty-five percent (25%) of the total receipts reported
each calendar month that were actually collected by the reporting
constable. The administrative fee required by this subsection shall
be submitted by the constable at the same time as the report
required by subsections (1) and (2) of this section.
2.
In counties of seventy thousand (70,000) or less, the reports
required to be submitted to fiscal courts under subsection (1)(b) of
this section shall be sufficient.
If an urban-county government or a consolidated local government elects
by ordinance, the county clerk receiving reports under subsection (1)(a) of
this section shall be entitled to collect the administrative fee provided in
paragraph (a) of this subsection. If authorized, any fees collected by a
county clerk under this subsection may be shared evenly between the
county clerk and the county government, as provided in the ordinance.
Effective:January 1, 2023
History: Amended 2022 Ky. Acts ch. 90, sec. 15, effective January 1, 2023. -Amended 1978 Ky. Acts ch. 384, sec. 163, effective June 17, 1978. -- Amended
1976 (1st Extra. Sess.) Ky. Acts ch. 14, sec. 56, effective January 1, 1978; and
ch. 20, sec. 6, effective January 2, 1978. -- Recodified 1942 Ky. Acts ch. 208,
sec. 1, effective October 1, 1942, from Ky. Stat. sec. 1083a-9.
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