SENATE
KENTUCKY GENERAL ASSEMBLY AMENDMENT FORM
2006 REGULAR SESSION
Amend printed copy of SB 12
Amendment No. / Sen. / R. J. PalmerCommittee Amendment / Signed:
Floor Amendment / LRC Drafter: / Norman Lawson, Jr.
Adopted: / Date:
Rejected: / Doc. ID: / XXXXX
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SENATE / Sen. R. J. Palmer2006 REGULAR SESSION / Doc. ID: XXXXX
Amend printed copy of SB 12
On page 1, line 5, after "subsection" to insert "(6)" and bracket and strike through "(3)"; and
On page 1, between lines 24 and 25, to insert the following:
"(3) Even if signs are not posted pursuant to subsection (2) of this section, entry into a building, stadium, arena, or other facility actually used for educational purposes specified in subsection (1) of this section with a deadly weapon or destructive device in violation of this section creates a rebuttable presumption that the defendant knew or should have known that the act was unlawful.
(4) Even if signs are not posted pursuant to subsection (2) of this section, removal of a deadly weapon or destructive device from a vehicle parked in the parking lot of a facility actually used for educational purposes specified in subsection (2) of this section in violation of this section creates a rebuttable presumption that the defendant knew or should have known that the act was unlawful.
(5) (a) The notice against entry for any real property, building, or facility that is not specified in subsection (2) of this section, not used primarily for educational purposes, and not owned, leased, or occupied by a public or private elementary or secondary school shall be posted in the manner specified for private property in KRS 237.110. Entry into such property in violation of the notice shall not be a criminal offense, but the owner or lessee of the property may prohibit a person who is carrying or possessing a firearm, other deadly weapon, or destructive device from entering the building or other facility; or, if the person carrying or possessing the firearm, other deadly weapon, or destructive device is already on the property, may ask the person to leave.
(b) If the owner or lessee of the property or an employee or agent thereof determines that the person who is seeking entry to the property or already on the property is prohibited by state or federal law from owning a firearm, ammunition, or destructive device, then the owner, lessee, employee, or agent may have the person arrested for violating the appropriate statute.
(c) If the owner or lessee of the property or an employee or agent thereof determines that the person is not in lawful possession of the firearm, ammunition, or destructive device, then the owner, lessee, employee, or agent may have the person arrested for violating the appropriate statute."; and
On page 1, line 25, through page 2, line 1, to delete same and to insert the following in lieu thereof:
"[Failure to post the sign shall not relieve any person of liability under this section.]"; and
On page 2, line 2, before "(3)" to insert "(6)" and to place brackets around and strike through "(3)"; and
On page 3, line 10, delete "(4)" and insert the following in lieu thereof:
"(7)[(4)] Except as provided in subsection (5) of this section,".
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