# Kentucky

Kentucky has no forensic science commission, no lab accreditation mandate and no analyst license; the State Police forensic laboratory runs the DNA database. In 2024 the Supreme Court substantially adopted the 2023 change to Federal Rule 702. In 2023 the General Assembly required genetic testing when the medical examiner cannot find the cause of death of a person under 40. Kentucky collects DNA only on conviction and has no facial recognition statute.

Source: https://uscli.org/forensic-science-tracker/kentucky

## At a glance

- **Oversight body:** None. No forensic science commission or lab oversight board was found in KRS Chapters 15A, 16, 17, 72 or 422. The Department of Kentucky State Police forensic laboratory runs the DNA database and testing ([KRS 17.175](https://apps.legislature.ky.gov/law/statutes/statute.aspx?id=52990)); it is an operating agency, not an oversight body.
- **Lab accreditation:** No statute found. Court-ordered testing goes to “the Department of Kentucky State Police forensic laboratory or another laboratory selected by” it (KRS 17.176). The database must be “compatible with the procedures set forth in a national DNA identification index” ([KRS 17.175(1)](https://apps.legislature.ky.gov/law/statutes/statute.aspx?id=52990)). The lab has sexual assault kit completion goals of 90 days by July 1, 2018 and 60 days by July 1, 2020 ((3)(a)), but the goals do not bind “to the extent appropriated funds are insufficient” ((3)(e)). Missing them is not grounds to dismiss a case or exclude evidence ((3)(b)). By August 1 each year the Department of Kentucky State Police reports to the Legislative Research Commission, including the yearly average completion rate for the preceding five fiscal years ((3)(c)).
- **Analyst licensing:** None for forensic analysts. Breath tests must be given by “a peace officer holding a certificate as an operator of a breath analysis instrument, issued by the secretary of the Justice and Public Safety Cabinet” ([KRS 189A.103(3)(c)](https://apps.legislature.ky.gov/law/statutes/statute.aspx?id=53541)). Only listed medical personnel may draw blood ((6)). A 2023 amendment (2023 Ky. Acts ch. 111) extended the section to vehicles that are not motor vehicles; it made no forensic change.
- **Admissibility standard:** KRE 702, as amended by Supreme Court Order 2024-19, entered June 24, 2024 and effective July 1, 2024 ([Order 2024-19](https://www.kycourts.gov/Courts/Supreme-Court/Supreme%20Court%20Orders/202419.pdf)). The amendment issued after the General Assembly did not disapprove it in the 2024 session (KRE 1102(a)). It substantially adopts the 2023 change to Federal Rule 702: a qualified expert may testify “if the proponent demonstrates to the court that it is more likely than not that” the three reliability conditions are met. One difference: helpfulness stays in the rule’s opening “If ... will assist” phrase, outside the “more likely than not” showing, while Federal Rule 702(a) puts it under that showing. The 2007 commentary in Order 2007-02 records that Mitchell v. Commonwealth, 908 S.W.2d 100 (Ky. 1995), adopted Daubert, and that Toyota Motor Corp. v. Gregory, 136 S.W.3d 35 (Ky. 2004), restated the standard. The opinions themselves could not be checked from official sources on October 19, 2026.
- **Post-conviction forensic relief:** No changed-science statute. Post-conviction DNA testing is open to people convicted of a capital offense, a Class A or B felony, or a violent offense under KRS 439.3401; KRS Chapter 218A drug offenses are excluded unless joined with a qualifying offense ([KRS 422.285(1)](https://apps.legislature.ky.gov/law/statutes/statute.aspx?id=46886)). A request may be made “at any time.” The court “shall order” testing if exculpatory results would show a reasonable probability the petitioner would not have been prosecuted or convicted, the evidence exists and can be tested, and it was untested or new testing could resolve an open issue ((5)). Except in death cases, the conviction must follow a trial or an Alford plea, “touch DNA” testing is excluded, and the petitioner must still be incarcerated, supervised or registered ((5)). The court “may order” testing on a showing that results would lead to a more favorable verdict or sentence, or that testing “will produce exculpatory evidence” ((6)(a)). The petitioner pays the testing costs unless the court finds the petitioner needy and the Department of Public Advocacy makes the motion ((7)). On favorable results, “notwithstanding any other provision of law that would bar a hearing as untimely,” the court “shall order a hearing” ((12)). Other testing orders are under KRS 422.287 and 17.176.
- **DNA database scope:** Convictions only; no arrestee collection. Samples are required from anyone convicted on or after March 27, 2009 of any KRS felony; from juveniles 14 or older adjudicated for KRS Chapter 510 felonies, incest, or attempts or conspiracies to commit them, or as juvenile sexual offenders; and from sex offender registrants ([KRS 17.170(2), (3)](https://apps.legislature.ky.gov/law/statutes/statute.aspx?id=1222)). Knowingly refusing after notice is a Class A misdemeanor ((7)). The database also holds crime scene, unidentified remains, missing person and relatives’ profiles (KRS 17.175(1)).
- **Facial recognition:** None. No statute on police use of facial recognition was found, and no bill on it passed from 2023 to 2026. Biometric privacy bills HB 483 (2023) and HB 201 (2024) died. HB 58 (2026, Acts ch. 71) regulates automated license plate readers and contains no facial recognition text ([2026 Acts ch. 71](https://apps.legislature.ky.gov/law/acts/26RS/documents/0071.pdf)).

## Changes, 2023 to 2026

- Jul 1, 2024 — **KRE 702 rewritten along the lines of the 2023 federal amendment** — Kentucky Supreme Court Order 2024-19 (amending KRE 506 and KRE 702) · Entered June 24, 2024; effective July 1, 2024 — A qualified expert may now testify “if the proponent demonstrates to the court that it is more likely than not that” the testimony rests on sufficient facts or data, is the product of reliable principles and methods, and reflects a reliable application of them. Condition (3) changed from “the witness has applied the principles and methods reliably to the facts of the case” to “The witness’ opinion reflects a reliable application of the principles and methods to the facts of the case.” The helpfulness clause stays in the opening phrase, outside the “more likely than not” showing, unlike Federal Rule 702(a). Under KRE 1102(a), the amendment issued after it went to the 2024 General Assembly and was not disapproved. — **For practitioners:** The proponent bears the burden on each reliability condition, and condition (3) reaches overstated conclusions in pattern and other forensic testimony. — [Order 2024-19](https://www.kycourts.gov/Courts/Supreme-Court/Supreme%20Court%20Orders/202419.pdf)[Order 2007-02](https://www.kycourts.gov/Courts/Supreme-Court/Supreme%20Court%20Orders/200702.pdf)
- Jun 29, 2023 — **Medical examiner genetic testing in unexplained deaths under age 40** — SB 40 (2023), 2023 Ky. Acts ch. 162, KRS 72.222 (Micah Shantell Fletcher Law) · Signed March 31, 2023; effective June 29, 2023 — When the Office of the State Medical Examiner performs a post-mortem for a coroner on a person under 40 and does not determine a cause of death, the office “shall conduct genetic tests on the deceased person.” Skeletal and decomposing remains are excepted. If the tests establish the cause, the coroner enters it on the death certificate. The Justice and Public Safety Cabinet, with the medical examiner’s office, must issue regulations. The law covers death investigation only; it does not touch criminal DNA databases or lab oversight. — **For practitioners:** In a death case involving a person under 40 with no stated cause, ask whether the required genetic tests were done. — [KRS 72.222](https://apps.legislature.ky.gov/law/statutes/statute.aspx?id=54104)[SB 40 record](https://apps.legislature.ky.gov/record/23rs/sb40.html)

## Pending bills

No bill on these topics is pending. The 2026 Regular Session has ended, and no 2027 bill records existed on October 19, 2026. Bills that did not pass:

- SB 366 (2024) would have set training and a five-year service requirement for State Police forensic lab technicians. [SB 366](https://apps.legislature.ky.gov/record/24rs/sb366.html)
- SB 211 (2023), SB 209 (2024), SB 95 (2025) and SB 238 (2026) would have required forensic processing of firearms and transmission to national firearm databases. [SB 95](https://apps.legislature.ky.gov/record/25rs/sb95.html)
- Wrongful conviction compensation bills died each session: HB 571 (2023), HB 178 (2024), HB 206 and SB 262 (2025), and SB 131 (2026). [2026 Senate bills](https://apps.legislature.ky.gov/record/26rs/senate_bills_title.html)

## Checked and unchanged

- KRS 17.170 (DNA collection) is unchanged since March 27, 2009. KRS 17.175 (DNA database and lab duties) was last amended by 2022 Ky. Acts ch. 169, effective July 14, 2022.
- KRS 422.285 (post-conviction DNA testing) was last amended in 2017, KRS 17.176 in 2013, and KRS 422.287 in 2007.
- No act on rapid DNA, genetic genealogy or digital forensics passed from 2023 to 2026; the enacted summaries of all 775 bills that became law in those regular sessions were searched.
- Not checked: the State Police lab’s accreditation status and any related administrative regulation.