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AN ACT relating to crimes and punishments. 1
Be it enacted by the General Assembly of the Commonwealth of Kentucky: 2
Section 1. KRS 439.3401 is amended to read as follows: 3
(1) As used in this section, "violent offender" means any person who has been 4
convicted of or pled guilty to the commission of: 5
(a) A capital offense; 6
(b) A Class A felony; 7
(c) A Class B felony involving the death of the victim or serious physical injury 8
to a victim; 9
(d) An offense described in KRS 507.040 or 507.050 where the offense involves 10
the killing of a peace officer, firefighter, or emergency medical services 11
personnel while the peace officer, firefighter, or emergency medical services 12
personnel was acting in the line of duty; 13
(e) A Class B felony involving criminal attempt to commit murder under KRS 14
506.010[ if the victim of the offense is a clearly identifiable peace officer, 15
firefighter, or emergency medical services personnel acting in the line of 16
duty,] regardless of whether an injury results; 17
(f) The commission or attempted commission of a felony sexual offense 18
described in KRS Chapter 510; 19
(g) Use of a minor in a sexual performance as described in KRS 531.310; 20
(h) Promoting a sexual performance by a minor as described in KRS 531.320; 21
(i) Unlawful transaction with a minor in the first degree as described in KRS 22
530.064(1)(a); 23
(j) Human trafficking under KRS 529.100 involving commercial sexual activity 24
where the victim is a minor; 25
(k) Criminal abuse in the first degree as described in KRS 508.100; 26
(l) Burglary in the first degree accompanied by the commission or attempted 27 UNOFFICIAL COPY 24 RS BR 60
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commission of an assault described in KRS 508.010, 508.020, 508.032, or 1
508.060; 2
(m) Burglary in the first degree accompanied by commission or attempted 3
commission of kidnapping as described in[prohibited by] KRS 509.040; 4
(n) Burglary in the first degree as described in KRS 511.020(1)(a); 5
(o) Robbery in the first degree;[ or] 6
(p)[(o)] Incest as described in KRS 530.020(2)(b) or (c); 7
(q) Assault in the second degree as described in KRS 508.020(1)(b) or (c); or 8
(r) Wanton endangerment in the first degree as described in Section 2 of this 9
Act where the offense involves the discharge of a firearm. 10
The court shall designate in its judgment if the victim suffered death or serious 11
physical injury. 12
(2) A violent offender who has been convicted of a capital offense and who has 13
received a life sentence (and has not been sentenced to twenty-five (25) years 14
without parole or imprisonment for life without benefit of probation or parole), or a 15
Class A felony and receives a life sentence, or to death and his or her sentence is 16
commuted to a life sentence shall not be released on probation or parole until he or 17
she has served at least twenty (20) years in the penitentiary. Violent offenders may 18
have a greater minimum parole eligibility date than other offenders who receive 19
longer sentences, including a sentence of life imprisonment. 20
(3) (a) A violent offender who has been convicted of a capital offense or Class A 21
felony with a sentence of a term of years or Class B felony shall not be 22
released on probation or parole until he has served at least eighty-five percent 23
(85%) of the sentence imposed. 24
(b) A violent offender who has been convicted of a violation of KRS 507.040 25
where the victim of the offense was clearly identifiable as a peace officer, a 26
firefighter, or emergency medical services personnel, and the victim was 27 UNOFFICIAL COPY 24 RS BR 60
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acting in the line of duty shall not be released on probation or parole until he 1
or she has served at least eighty-five percent (85%) of the sentence imposed. 2
(c) A violent offender who has been convicted of a violation of KRS 507.040 or 3
507.050 where the victim of the offense was a peace officer, a firefighter, or 4
emergency medical services personnel, and the victim was acting in the line 5
of duty shall not be released on probation or parole until he or she has served 6
at least fifty percent (50%) of the sentence imposed. 7
(d) Any offender who has been convicted of a homicide or fetal homicide offense 8
under KRS Chapter 507 or 507A in which the victim of the offense died as 9
the result of an overdose of a Schedule I controlled substance and who is not 10
otherwise subject to paragraph (a), (b), or (c) of this subsection shall not be 11
released on probation, shock probation, parole, conditional discharge, or other 12
form of early release until he or she has served at least fifty percent (50%) of 13
the sentence imposed. 14
(e) A violent offender who has been convicted of a Class C felony violation of 15
Section 2 of this Act or assault in the second degree as described in KRS 16
508.020(1)(b) or (c) shall not be released on probation, shock probation, 17
parole, conditional discharge, or other form of early release until he or she 18
has served at least sixty-five percent (65%) of the sentence imposed. 19
(4) A violent offender shall not be awarded any credit on his sentence authorized by 20
KRS 197.045(1)(b)1. In no event shall a violent offender be given credit on his or 21
her sentence if the credit reduces the term of imprisonment to less than eighty-five 22
percent (85%) of the sentence. 23
(5) This section shall not apply to a person who has been determined by a court to have 24
been a victim of domestic violence or abuse pursuant to KRS 533.060 with regard 25
to the offenses involving the death of the victim or serious physical injury to the 26
victim. The provisions of this subsection shall not extend to rape in the first degree 27 UNOFFICIAL COPY 24 RS BR 60
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or sodomy in the first degree by the defendant. 1
(6) This section shall apply only to those persons who commit offenses after July 15, 2
1998. 3
(7) For offenses committed prior to July 15, 1998, the version of this statute in effect 4
immediately prior to that date shall continue to apply. 5
(8) The provisions of subsection (1) of this section extending the definition of "violent 6
offender" to persons convicted of or pleading guilty to robbery in the first degree 7
shall apply only to persons whose crime was committed after July 15, 2002. 8
Section 2. KRS 508.060 is amended to read as follows: 9
(1) A person is guilty of wanton endangerment in the first degree when, under 10
circumstances manifesting extreme indifference to the value of human life, he or 11
she wantonly engages in conduct which creates a substantial danger of death or 12
serious physical injury to another person. 13
(2) Wanton endangerment in the first degree is a Class D felony, unless the person 14
discharges a firearm in the commission of the offense, in which case it is a Class 15
C felony. 16
Section 3. KRS 635.020 is amended to read as follows: 17
(1) If, prior to an adjudicatory hearing, there is a reasonable cause to believe that a 18
child before the court has committed a felony other than those described in 19
subsections (2) and (3) of this section, a misdemeanor, or a violation, the court shall 20
initially proceed in accordance with the provisions of this chapter. 21
(2) If a child charged with a capital offense, Class A felony, or Class B felony, had 22
attained age fourteen (14) at the time of the alleged commission of the offense, the 23
court shall, upon motion of the county attorney made prior to adjudication, and after 24
the county attorney has consulted with the Commonwealth's attorney, that the child 25
be proceeded against as a youthful offender, proceed in accordance with the 26
provisions of KRS 640.010. 27 UNOFFICIAL COPY 24 RS BR 60
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(3) If a child charged with a Class C or Class D felony has on one (1) prior separate 1
occasion been adjudicated a public offender for a felony offense and had attained 2
the age of sixteen (16) at the time of the alleged commission of the offense, the 3
court shall, upon motion of the county attorney made prior to adjudication, and after 4
the county attorney has consulted with the Commonwealth's attorney, that the child 5
be proceeded against as a youthful offender, proceed in accordance with the 6
provisions of KRS 640.010. 7
(4) (a) If a child charged with a felony in which a firearm, whether functional or not, 8
was used by the child in the commission of the offense had attained the age of 9
fourteen (14) years at the time of the commission of the alleged offense, the 10
court shall, upon motion of the county attorney made prior to adjudication, 11
and after the county attorney has consulted with the Commonwealth's 12
attorney, that the child be proceeded against as a youthful offender, proceed in 13
accordance with KRS 640.010. 14
(b) 1. Any other provision of KRS Chapters 610 to 645 to the contrary 15
notwithstanding, if a child charged with a felony in which a firearm, 16
whether functional or not, was used in the commission of the offense 17
had attained the age of fifteen (15) years at the time of the commission 18
of the alleged offense, he or she shall be transferred to the Circuit 19
Court for trial as an adult if, following a preliminary hearing, the 20
District Court finds probable cause to believe that: 21
a. The child committed a felony; 22
b. A firearm was used in the commission of that felony; and 23
c. The child was fifteen (15) years of age or older at the time of the 24
commission of the alleged felony. 25
2. If convicted in the Circuit Court, he or she shall be subject to the same 26
penalties as an adult offender, except that until he or she reaches the 27 UNOFFICIAL COPY 24 RS BR 60
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age of eighteen (18) years, he or she shall be confined in a facility or 1
program for juveniles or for youthful offenders, unless the provisions 2
of KRS 635.025 apply or unless he or she is released pursuant to 3
expiration of sentence or parole, and at age eighteen (18) he or she 4
shall be returned to the sentencing Circuit Court for proceedings 5
consistent with KRS 640.030(2). 6
3. If convicted in the Circuit Court and he or she is returned to the 7
sentencing Circuit Court for proceedings consistent with KRS 8
640.030(2), her or she shall not be eligible for probation or conditional 9
discharge. 10
(5) If a child previously convicted as a youthful offender under the provisions of KRS 11
Chapter 640 is charged with a felony allegedly committed prior to his or her 12
eighteenth birthday, the court shall, upon motion of the county attorney made prior 13
to adjudication, and after the county attorney has consulted with the 14
Commonwealth's attorney, that the child be proceeded against as a youthful 15
offender, proceed in accordance with the provisions of KRS 640.010. 16
(6) A child who is charged as is provided in subsection (2) of this section and is also 17
charged with a Class C or D felony, a misdemeanor, or a violation arising from the 18
same course of conduct shall have all charges included in the same proceedings; 19
and the court shall, upon motion of the county attorney made prior to adjudication, 20
and after the county attorney has consulted with the Commonwealth's attorney, that 21
the child be proceeded against as a youthful offender, proceed in accordance with 22
the provisions of KRS 640.010. 23
(7) If a person who is eighteen (18) or older and before the court is charged with a 24
felony that occurred prior to his or her eighteenth birthday, the court shall, upon 25
motion of the county attorney made prior to adjudication, and after the county 26
attorney has consulted with the Commonwealth's attorney, that the child be 27 UNOFFICIAL COPY 24 RS BR 60
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proceeded against as a youthful offender, proceed in accordance with the provisions 1
of KRS 640.010. 2
(8) All offenses arising out of the same course of conduct shall be tried with the felony 3
arising from that course of conduct, whether the charges are adjudicated under this 4
chapter or under KRS Chapter 640 and transferred to Circuit Court. 5