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AN ACT relating to violent offenders. 1
Be it enacted by the General Assembly of the Commonwealth of Kentucky: 2
ď˘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: 5
(a) Commission or attempted commission of: 6
1. A capital offense; 7
2. A Class A felony; or 8
3. A felony sexual offense described in KRS Chapter 510; or 9
(b) Commission of: 10
1. A felony involving the death of the victim or serious physical injury to a 11
victim; 12
2. Use of a minor in a sexual performance as described in KRS 531.310; 13
3. Promoting a sexual performance by a minor as described in KRS 14
531.320; 15
4. Unlawful transaction with a minor in the first degree as described in 16
KRS 530.064(1)(a); 17
5. Human trafficking under KRS 529.100 involving commercial sexual 18
activity where the victim is a minor; 19
6. Criminal abuse in the first degree as described in KRS 508.100; 20
7. Burglary in the first degree accompanied by the commission or 21
attempted commission of an assault as described in KRS 508.010, 22
508.020, 508.032, or 508.060; 23
8. Burglary in the first degree accompanied by commission or attempted 24
commission of kidnapping as described in KRS 509.040; 25
9. Burglary in the first degree as described in KRS 511.020, if a person 26
other than a participant in the crime was present in the building during 27 UNOFFICIAL COPY 25 RS BR 397
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the commission of the offense; 1
10. Robbery in the first degree as described in KRS 515.020; 2
11. Robbery in the second degree as described in KRS 515.030; 3
12. Incest as described in KRS 530.020(2)(b) or (c); 4
13. Arson in the first degree as described in KRS 513.020; 5
14. Strangulation in the first degree as described in KRS 508.170; 6
15. Carjacking as described in KRS 515.040; 7
16. A Class C felony violation of promoting contraband in the first degree 8
as described in KRS 520.050;[ or] 9
17. Wanton endangerment in the first degree as described in KRS 508.060 10
involving the discharge of a firearm; or 11
18. Kidnapping as described in KRS 509.040. 12
(2) The court shall designate in its judgment if: 13
(a) The victim suffered death or serious physical injury; and 14
(b) A person other than a participant in the crime was present in the building 15
during the commission of burglary in the first degree. 16
(3) A violent offender who has been convicted of a capital offense and who has 17
received a life sentence and has not been sentenced to twenty-five (25) years 18
without parole or imprisonment for life without benefit of probation or parole, or a 19
Class A felony and receives a life sentence, or to death and his or her sentence is 20
commuted to a life sentence shall not be released on probation or parole until he or 21
she has served at least twenty (20) years in the penitentiary. Violent offenders may 22
have a greater minimum parole eligibility date than other offenders who receive 23
longer sentences, including a sentence of life imprisonment. 24
(4) A violent offender with a sentence of a term of years shall not be released on 25
probation, shock probation, parole, conditional discharge, or other form of early 26
release until he or she has served at least eighty-five percent (85%) of the sentence 27 UNOFFICIAL COPY 25 RS BR 397
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imposed. 1
(5) A violent offender shall only be awarded credit on his or her sentence authorized by 2
KRS 197.045(1)(a)1. 3
(6) This section shall not apply to a person who has been determined by a court to have 4
been a victim of domestic violence or abuse pursuant to KRS 533.060 with regard 5
to the offenses involving the death of the victim or serious physical injury to the 6
victim. The provisions of this subsection shall not extend to rape in the first degree 7
or sodomy in the first degree by the defendant. 8
(7) This section shall apply only to those persons who commit offenses after July 15, 9
1998. 10
(8) For offenses committed prior to July 15, 1998, the version of this statute in effect 11
immediately prior to that date shall continue to apply. 12
(9) The provisions of subsection (1) of this section extending the definition of "violent 13
offender" to persons convicted of or pleading guilty to robbery in the first degree 14
shall apply only to persons whose crime was committed after July 15, 2002. 15