UNOFFICIAL COPY 24 RS BR 1175
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AN ACT relating to wanton endangerment. 1
Be it enacted by the General Assembly of the Commonwealth of Kentucky: 2
Section 1. KRS 508.060 is amended to read as follows: 3
(1) A person is guilty of wanton endangerment in the first degree when, under 4
circumstances manifesting extreme indifference to the value of human life, he or 5
she wantonly engages in conduct which creates a substantial danger of death or 6
serious physical injury to another person. 7
(2) Wanton endangerment in the first degree is a Class D felony, unless the person 8
discharges a firearm in the commission of the offense, in which case it is a Class 9
C felony. 10
Section 2. KRS 439.3401 is amended to read as follows: 11
(1) As used in this section, "violent offender" means any person who has been 12
convicted of or pled guilty to the commission of: 13
(a) A capital offense; 14
(b) A Class A felony; 15
(c) A Class B felony involving the death of the victim or serious physical injury 16
to a victim; 17
(d) An offense described in KRS 507.040 or 507.050 where the offense involves 18
the killing of a peace officer, firefighter, or emergency medical services 19
personnel while the peace officer, firefighter, or emergency medical services 20
personnel was acting in the line of duty; 21
(e) A Class B felony involving criminal attempt to commit murder under KRS 22
506.010 if the victim of the offense is a clearly identifiable peace officer, 23
firefighter, or emergency medical services personnel acting in the line of duty, 24
regardless of whether an injury results; 25
(f) The commission or attempted commission of a felony sexual offense 26
described in KRS Chapter 510; 27 UNOFFICIAL COPY 24 RS BR 1175
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(g) Use of a minor in a sexual performance as described in KRS 531.310; 1
(h) Promoting a sexual performance by a minor as described in KRS 531.320; 2
(i) Unlawful transaction with a minor in the first degree as described in KRS 3
530.064(1)(a); 4
(j) Human trafficking under KRS 529.100 involving commercial sexual activity 5
where the victim is a minor; 6
(k) Criminal abuse in the first degree as described in KRS 508.100; 7
(l) Burglary in the first degree accompanied by the commission or attempted 8
commission of an assault as described in KRS 508.010, 508.020, 508.032, or 9
508.060; 10
(m) Burglary in the first degree accompanied by commission or attempted 11
commission of kidnapping as described in[prohibited by] KRS 509.040; 12
(n) Robbery in the first degree as described in KRS 515.020;[ or] 13
(o) Incest as described in KRS 530.020(2)(b) or (c); or 14
(p) Wanton endangerment in the first degree as described in Section 1 of this 15
Act where the offense involves the discharge of a firearm. 16
The court shall designate in its judgment if the victim suffered death or serious 17
physical injury. 18
(2) A violent offender who has been convicted of a capital offense and who has 19
received a life sentence [(]and has not been sentenced to twenty-five (25) years 20
without parole or imprisonment for life without benefit of probation or parole[)], or 21
a Class A felony and receives a life sentence, or to death and his or her sentence is 22
commuted to a life sentence shall not be released on probation or parole until he or 23
she has served at least twenty (20) years in the penitentiary. Violent offenders may 24
have a greater minimum parole eligibility date than other offenders who receive 25
longer sentences, including a sentence of life imprisonment. 26
(3) (a) A violent offender who has been convicted of a capital offense or Class A 27 UNOFFICIAL COPY 24 RS BR 1175
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felony with a sentence of a term of years or Class B felony shall not be 1
released on probation or parole until he or she has served at least eighty-five 2
percent (85%) of the sentence imposed. 3
(b) A violent offender who has been convicted of a violation of KRS 507.040 4
where the victim of the offense was clearly identifiable as a peace officer, a 5
firefighter, or emergency medical services personnel, and the victim was 6
acting in the line of duty shall not be released on probation or parole until he 7
or she has served at least eighty-five percent (85%) of the sentence imposed. 8
(c) A violent offender who has been convicted of a violation of KRS 507.040 or 9
507.050 where the victim of the offense was a peace officer, a firefighter, or 10
emergency medical services personnel, and the victim was acting in the line 11
of duty shall not be released on probation or parole until he or she has served 12
at least fifty percent (50%) of the sentence imposed. 13
(d) Any offender who has been convicted of a homicide or fetal homicide offense 14
under KRS Chapter 507 or 507A in which the victim of the offense died as 15
the result of an overdose of a Schedule I controlled substance and who is not 16
otherwise subject to paragraph (a), (b), or (c) of this subsection shall not be 17
released on probation, shock probation, parole, conditional discharge, or other 18
form of early release until he or she has served at least fifty percent (50%) of 19
the sentence imposed. 20
(e) A violent offender who has been convicted of a Class C felony violation of 21
Section 1 of this Act shall not be released on probation or parole until he or 22
she has served at least eighty-five percent (85%) of the sentence imposed. 23
(4) A violent offender shall not be awarded any credit on his or her sentence authorized 24
by KRS 197.045(1)(b)1. In no event shall a violent offender be given credit on his 25
or her sentence if the credit reduces the term of imprisonment to less than eighty-26
five percent (85%) of the sentence. 27 UNOFFICIAL COPY 24 RS BR 1175
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(5) This section shall not apply to a person who has been determined by a court to have 1
been a victim of domestic violence or abuse pursuant to KRS 533.060 with regard 2
to the offenses involving the death of the victim or serious physical injury to the 3
victim. The provisions of this subsection shall not extend to rape in the first degree 4
or sodomy in the first degree by the defendant. 5
(6) This section shall apply only to those persons who commit offenses after July 15, 6
1998. 7
(7) For offenses committed prior to July 15, 1998, the version of this statute in effect 8
immediately prior to that date shall continue to apply. 9
(8) The provisions of subsection (1) of this section extending the definition of "violent 10
offender" to persons convicted of or pleading guilty to robbery in the first degree 11
shall apply only to persons whose crime was committed after July 15, 2002. 12