Kentucky Court of Justice
Kentucky court system ready to implement House Bill 369
FRANKFORT, Ky. -- The Kentucky court system has the legal forms and processes in place to carry out a bill that prohibits a person who owes restitution for certain theft offenses from driving until the restitution is paid in full, with an option to apply for a hardship license.
HB 369, passed by the 2009 Kentucky General Assembly, was effective June 25 and applies to offenses committed from the effective date forward. The license revocation law applies to certain Class A misdemeanors and Class C and D felony theft-related convictions specifically enumerated in the legislation. The complete bill language can be found at http://www.lrc.ky.gov/record/09RS/HB369.htm.
“The Administrative Office of the Courts worked with judges, circuit court clerks, the Kentucky Division of Driver Licensing and the Kentucky State Police to create a process to implement HB 369,” said Kevin Smalley, manager for the AOC Division of Clerk Services. “The Offices of Circuit Court Clerk will be responsible for manually processing the order of suspension and sending the hardship license request to the Division of Driver Licensing. We have also begun working with the Department of Transportation to develop an electronic process that will eventually replace the current manual system.”
The AOC has developed a series of forms to be used to accomplish the license revocation. Here’s how the process works:
• Upon conviction, the court enters an order using AOC-341A (Order Suspending License for Restitution Owed).
• Per KRS 532.356(3)(b), a defendant may apply for a hardship license under KRS Chapter 189A. Because the court may waive compliance with provisions relating to alcohol treatment and ignition interlock devices, a separate hardship license application (AOC 492.1) and order (AOC 493.1) have been developed.
• Once restitution is paid, a defendant may apply to the court for license reinstatement (AOC-493.2). If the court determines that restitution has been paid in full (taking into consideration the payment of any restitution fees if appropriate), the court enters an order reinstating the license (AOC 493.3).
• The circuit court clerk transmits these documents by mail to the Division of Driver Licensing, Kentucky Department of Transportation.
Circuit court clerks have offices in all 120 Kentucky counties and are responsible for managing the records of Circuit and District courts. Circuit court clerks are elected officials and serve six-year terms. The Administrative Office of the Courts supports the activities of 3,500 Kentucky Court of Justice employees, including the elected justices, judges and circuit court clerks.