{"data":{"id":"us-ky/krs-61.105","jurisdiction":"us-ky","citation":"KRS 61.105","heading":"Immunity for persons brining evidence against an executive branch official","body":"involving conduct relating to the transition between officials -- Definitions for\nsection -- Exception in case of perjury.\n(1) As used in this section:\n(a) \"Executive b ranch official\" means all major management personnel of the\nOffice of the Governor, Office of the Lieutenant Governor, Secretary of State,\nAttorney General, Auditor of Public Accounts, State Treasurer, and\nCommissioner of Agriculture, including but not lim ited to cabinet secretaries,\ndeputy cabinet secretaries, chief executive officers, general counsels,\ncommissioners, deputy commissioners, executive directors, executive\nassistants, policy advisors, special assistants, administrative coordinators,\nexecutive advisors, staff assistants, and division directors; and\n(b) \"State constitutional officer\" means the Governor, Lieutenant Governor,\nSecretary of State, Attorney General, Auditor of Public Accounts, State\nTreasurer, and Commissioner of Agriculture.\n(2) Notwithstanding any law to the contrary, at any time during the twelve (12) months\nbefore and twelve (12) months after a state constitutional officer takes his or her\noath of office, any person:\n(a) Involved in conduct relating to the transition between outgo ing and incoming\nstate constitutional officers that may result in a criminal prosecution of the\nperson or a violation of a state ethics law by the person, including but not\nlimited to the Executive Branch Code of Ethics pursuant to KRS Chapter 11A\nand the Kentucky Code of Legislative Ethics pursuant to KRS 6.601 to 6.849;\nand\n(b) Who brings forth evidence against an executive branch official who was\ninvolved with or directed the person to perform the conduct described in\nparagraph (a) of this subsection;\nshall be immune from criminal prosecution for the conduct, and shall not be subject\nto any penalty resulting from an ethical violation pertaining to his or her\ninvolvement in the conduct if the evidence he or she brought forth assists in the\ncriminal prosecution of, or a finding of an ethical violation against, the applicable\nexecutive branch official.\n(3) A person shall not be immune from criminal prosecution and shall be subject to any\nethical violation pertaining to his or her involvement with the conduct  described in\nsubsection (2)(a) of this section if he or she commits perjury. Any testimony or\nevidence given or produced shall be admissible against the person upon any\ncriminal action, investigation, or proceeding concerning the perjury in addition to\nany conduct described in subsection (2)(a) of this section.","path":["KRS Chapter 61"],"source_url":"https://apps.legislature.ky.gov/law/statutes/statute.aspx?id=58076","current_through":"Includes enactments through the 2026 Regular Session","vintage":"09/05/2026","retrieved_at":"2026-09-05T20:49:14Z","sha256":"97cf20f68029f8c93ed8605364c0584f728d540aafcf66b7be558d2e9caf8fd3","source_id":"us-ky","stale":false,"prev":"us-ky/krs-61.103","next":"us-ky/krs-61.110"},"notice":"GroundRules: Original legal text. Not legal advice."}
