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AN ACT relating to jury sentencing. 1
Be it enacted by the General Assembly of the Commonwealth of Kentucky: 2
Section 1. KRS 421.500 is amended to read as follows: 3
(1) (a) As used in KRS 421.500 to 421.575, "victim" means an individual directly 4
and proximately harmed as a result of: 5
1. The commission of a crime classified as a felony; a misdemeanor 6
involving threatened or actual physical injury, harassment, or restraint; a 7
misdemeanor involving a child or incompetent person; or a 8
misdemeanor involving a sexual offense or a trespass; or 9
2. Conduct which, if committed by an adult, would be classified as a 10
felony or a misdemeanor described in subparagraph 1. of this paragraph. 11
If the victim is a minor, incapacitated, or deceased, "victim" also means one 12
(1) or more of the victim's spouse, parents, siblings, children, or other lawful 13
representatives which shall be designated by the court unless the person is the 14
defendant or a person the court finds would not act in the best interests of the 15
victim. 16
(b) In a case in which the number of victims makes it impracticable to accord all 17
victims those rights provided by KRS 421.500 to 421.575, the court may 18
fashion a reasonable procedure that does not unduly complicate or prolong the 19
proceeding, to give effect to this section. 20
(c) If the victim is deceased and the relation is not the defendant, the following 21
relations shall be designated as "victims" for the purpose of presenting victim 22
impact testimony[ under KRS 532.055(2)(a)7.]: 23
1. A spouse; 24
2. An adult child; 25
3. A parent; 26
4. A sibling; and 27 UNOFFICIAL COPY 23 RS BR 260
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5. A grandparent. 1
(2) If any court believes that the health, safety, or welfare of a victim who is a minor or 2
is legally incapacitated would not otherwise adequately be protected, the court may 3
appoint a special advocate to represent the interest of the victim and to exercise 4
those rights provided for by KRS 421.500 to 421.575. Communication between the 5
victim and the special advocate shall be privileged. 6
(3) Law enforcement personnel shall ensure that victims receive information on 7
available protective, emergency, social, and medical services upon initial contact 8
with the victim and are given information on the following as soon as possible: 9
(a) Availability of crime victim compensation where applicable; 10
(b) Community-based treatment programs; 11
(c) The criminal justice process as it involves the participation of the victim or 12
witness; 13
(d) The arrest of the accused; and 14
(e) How to register to be notified when a person has been released from prison, 15
jail, a juvenile detention facility, or a psychiatric facility or forensic 16
psychiatric facility if the case involves a violent crime as defined in KRS 17
439.3401 and the person charged with or convicted of the offense has been 18
involuntarily hospitalized pursuant to KRS Chapter 202A. 19
(4) Law enforcement officers and attorneys for the Commonwealth shall provide 20
information to victims and witnesses on how they may be protected from 21
intimidation, harassment, and retaliation as defined in KRS 524.040 or 524.055. 22
(5) Attorneys for the Commonwealth shall make a reasonable effort to insure that: 23
(a) All victims and witnesses who are required to attend criminal justice 24
proceedings are notified promptly of any scheduling changes that affect their 25
appearances; 26
(b) If victims so desire and if they provide the attorney for the Commonwealth 27 UNOFFICIAL COPY 23 RS BR 260
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with a current address and telephone number, they shall receive prompt 1
notification, if possible, of judicial proceedings relating to their case, 2
including but not limited to the defendant's release on bond and any special 3
conditions of release; of the charges against the defendant, the defendant's 4
pleading to the charges, and the date set for the trial; of notification of 5
changes in the custody of the defendant and changes in trial dates; of the 6
verdict, the victim's right to make an impact statement for consideration by 7
the court at the time of sentencing of the defendant, the date of sentencing, the 8
victim's right to receive notice of any parole board hearing held for the 9
defendant, and that the office of Attorney General will notify the victim if an 10
appeal of the conviction is pursued by the defendant; and of a scheduled 11
hearing for shock probation or for bail pending appeal and any orders 12
resulting from that hearing; 13
(c) The victim knows how to register to be notified when a person has been 14
released from a prison, jail, a juvenile detention facility, or a psychiatric 15
facility or forensic psychiatric facility if the case involves a violent crime as 16
defined in KRS 439.3401 and the person charged with or convicted of the 17
offense has been involuntarily hospitalized pursuant to KRS Chapter 202A; 18
(d) The victim receives information on available: 19
1. Protective, emergency, social, and medical services; 20
2. Crime victim compensation, where applicable; 21
3. Restitution, where applicable; 22
4. Assistance from a victim advocate; and 23
5. Community-based treatment programs; and 24
(e) The victim of crime may, pursuant to KRS 15.247, receive protection from 25
harm and threats of harm arising out of cooperation with law enforcement and 26
prosecution efforts. 27 UNOFFICIAL COPY 23 RS BR 260
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(6) The victim shall be consulted by the attorney for the Commonwealth on the 1
disposition of the case, including dismissal, release of the defendant pending 2
judicial proceedings, any conditions of release, a negotiated plea, and entry into a 3
pretrial diversion program. 4
(7) In prosecution for offenses listed in this section for the purpose of defining 5
"victim," law enforcement agencies and attorneys for the Commonwealth shall 6
promptly return a victim's property held for evidentiary purposes unless there is a 7
compelling reason for retaining it. Photographs of such property shall be received 8
by the court as competent evidence in accordance with the provisions of KRS 9
422.350. 10
(8) A victim or witness who so requests shall be assisted by law enforcement agencies 11
and attorneys for the Commonwealth in informing employers that the need for 12
victim or witness cooperation in the prosecution of the case may necessitate 13
absence of that victim or witness from work. 14
(9) The Attorney General, where possible, shall provide technical assistance to law 15
enforcement agencies and attorneys for the Commonwealth if such assistance is 16
requested for establishing a victim assistance program. 17
(10) If a defendant seeks appellate review of a conviction and the Commonwealth is 18
represented by the Attorney General, the Attorney General shall make a reasonable 19
effort to notify victims promptly of the appeal, the status of the case, and the 20
decision of the appellate court. 21
(11) Full restitution to a named victim, if there is a named victim, shall be ordered by the 22
court to be paid by the convicted or adjudicated party in a manner consistent, 23
insofar as possible, with this section and KRS 439.563, 532.032, 532.033, 533.020, 24
and 533.030 in addition to any other penalty. 25
(12) Nothing in KRS 421.500 to 421.575 shall be construed as altering the presumption 26
of innocence in the criminal justice system, or to be a waiver of sovereign immunity 27 UNOFFICIAL COPY 23 RS BR 260
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or any other immunity or privilege maintained by the Commonwealth; its cabinets, 1
departments, bureaus, political subdivisions, and agencies; and its officers, agents, 2
and employees. 3
Section 2. The following KRS section is repealed: 4
532.055 Verdicts and sentencing by jury in felony cases. 5