Title XL, Crimes and Punishments

A judge, trial commissioner, or other officer issuing an arrest warrant based upon the testimony or allegations of a prosecuting witness may require the witness to post a bond in favor of the Commonwealth to secure the attendance of that witness in court in all matters relating t…

lieu of cash bail in traffic cases. (1) A guaranteed arrest bond certificate presented by the person whose signature appears thereon shall be accepted in lieu of cash bail in an amount not to exceed two hundred dollars ($200) as a bail bond to guarantee the appearance of such per…

(1) The person making an arrest shall inform the person about to be arrested of the intention to arrest him, and of the offense for which he is being arrested. (2) An arrest is made by placing the person being arrested in restraint, or by his submission to the custody of the pers…

A peace officer in actual pursuit may continue such pursuit across corporate or county lines for the purpose of making an arrest.

If a person lawfully arrested escapes or is rescued, the person from whose custody he escaped or was rescued may immediately pursue and retake him in any part of the Commonwealth and may be joined in the pursuit and recapture by peace officers in the immediate area or vicinity.

Offenses are either felonies, misdemeanors, or violations: (1) Offenses punishable by death or confinement in the penitentiary, whether or not a fine or other penalty may also be assessed, are felonies. (2) Offenses punishable by confinement other than in the penitentiary, whethe…

(1) No person shall be detained in jail prior to trial for any offense defined in KRS 431.060, 500.080, or 532.020 as a violation unless: (a) He has previously failed to make a court appearance required in connection therewith; or (b) Is a fugitive from justice. (2) This section …

Exceptions. A victim of human trafficking shall not be held in a detention center, jail, or other secure facility pending trial for an offense arising from the human trafficking situation, except where the incarceration is found to be the least restrictive alternative to securing…

of protective order -- Conditions -- Hearing -- Victim entitled to copy of conditions of release -- Entry of conditions into Law Information Network -- Penalty. (1) In making a decision concerning pretrial release of a person who is arrested for a violation of KRS Chapter 508 or …

Assessment of flight risk, likelihood of appearing at trial, and risk of danger -- Credit toward bail for time in jail. (1) For purposes of this section, "verified and eligible defendant" means a defendant who pretrial services is able to interview and assess, and whose identity …

condition of pretrial release. When considering the pretrial release of a person whose pretrial risk assessment indicates he or she is a moderate or high risk defendant, the court considering the release may order as a condition of pretrial release that the person participate in …

When considering the pretrial release of a person whose pretrial risk assessment indicates he or she is a moderate-risk or high-risk defendant, the court considering the release may order as a condition of pretrial release that the person use an alcohol monitoring device during a…

Application -- Hearing -- Vacating conviction without a hearing -- Order to vacate and expunge -- Application form -- Fees -- Retroactivity. (Effective until April 30, 2027) (1) Any person who has been: (a) Convicted of a Class D felony violation of KRS 17.175, 186.990, 194A.505,…

(1) The Administrative Office of the Courts shall retain an index of expungement orders entered under KRS 431.073 or 431.078. (2) The index shall only be accessible to persons preparing a certification of eligibility for expungement pursuant to KRS 431.079 or the Kentucky Law Enf…

charges have been dismissed but not in exchange for a guilty plea to another charge, or against whom charges have not resulted in an indictment or an information filed by the Commonwealth's attorney -- Effects of an order of expungement -- Expungement by court or upon petition of…

convictions and dismissed or amended charges. (1) Any person who has been convicted of: (a) A misdemeanor, a violation, or a traffic infraction not otherwise classified as a misdemeanor or violation, or a series of misdemeanors, violations, or traffic infractions arising from a s…

eligibility for expungement from Department of Kentucky State Police and Administrative Office of the Courts -- Administrative regulations -- Construction. (1) Every petition or application filed seeking expungement of a conviction shall include a certification of eligibility for…

(1) There is hereby created in the State Treasury a fund designated the "expungement fund." (2) The fund shall be administered by the Justice and Public Safety Cabinet. (3) Beginning on June 27, 2019, the revenues and interest from the expungement fee imposed by KRS 431.073 shall…

The conviction of a felony shall not stay or merge any civil remedy of the person aggrieved against the felon.

(1) In the event of the conviction of a defendant for the violation of any offense proscribed by KRS Chapter 510 or 531 or any human trafficking offense proscribed by KRS Chapter 529, the person who was the victim of the offense may bring an action in damages against the defendan…

Process on a charge of treason or felony, for a riot or breach of the peace, or upon an escape out of custody, may be executed on Sunday.

satisfaction of money judgment in criminal proceeding -- Fines and forfeitures go to Commonwealth -- Disposition of fines from offenses relating to alcohol and to criminal littering -- Monetary penalties payable to person other than circuit clerk -- Notice to defendant required. …

weight violations. Notwithstanding any other statutory provisions to the contrary, all fines and forfeitures recovered in any court as a result of a conviction for the violation of any of the provisions of KRS 189.221, 189.222(1), or 189.270, which violation occurred on a state-m…

The person who first, in good faith, brings an action for and recovers judgment shall be entitled to the penalty incurred by the defendant in all cases where a part or all of the fine or forfeiture is given by law to the person suing. No action or judgment to screen the offender …

Prisoners sentenced to punishment by confinement in the penitentiary shall be kept at hard labor. If the punishment is imprisonment in the jail of the county, the imprisonment shall be close confinement in the jail of the county where the trial was held, unless otherwise provided…

Any person convicted of a misdemeanor or felony for taking, injuring or destroying property shall restore the property or make reparation in damages if not ordered as a condition of probation. The court in which the conviction is had, if applied to by verified petition made withi…

If any person indicted for stealing property, or for having stolen property in his possession, breaks jail, forfeits his recognizance, or otherwise fails to appear for trial at the proper time, the person claiming the property may make a motion in the court in which the indictmen…

As used in KRS 431.2135 and 431.240: (1) "Condemned person" means a person for whom a specific day of execution is fixed by a mandate from the Kentucky Supreme Court or a warrant signed by the Governor. (2) "Insane" means the condemned person does not have the ability to understa…

This section shall provide the exclusive procedure for challenging a condemned person's sanity, unless the Supreme Court of Kentucky expressly adopts a rule of court providing otherwise. (1) A condemned person or the person's attorney may file a motion for stay of execution on th…

(1) If the judgment imposes a sentence of death or confinement in the penitentiary, county jail or other institution, two (2) certified copies thereof shall be furnished forthwith to the sheriff who shall execute the same by delivering the defendant and a certified copy of the ju…

When a judgment sentencing the defendant to death has been affirmed, the mandate shall fix the day of the execution as the fifth Friday following the date of the mandate of the court. The clerk of the Supreme Court shall transmit either by special messenger or by certified mail, …

(1) (a) Except as provided in paragraph (b) of this subsection, every death sentence shall be executed by continuous intravenous injection of a substance or combination of substances sufficient to cause death. The lethal injection shall continue until the prisoner is dead. (b) Pr…

If a court holds KRS 431.220 unconstitutional, the prisoner shall be executed in the manner provided by KRS 431.220 as that statute read before March 31, 1998.

KRS 431.220, 431.223, 431.240, and 431.250 shall apply retroactively to all prisoners sentenced to death before March 31, 1998.

escape -- Administrative hearings -- Transfer to forensic psychiatric facility in case of insanity. (1) Unless the execution is stayed for any cause, the warden of the institution or his deputy shall proceed, on the day named in the judgment of conviction, a governor's warrant, o…

The following persons, and no others, may attend an execution: The executioner and the warden of the institution and his deputy or deputies and guards; the sheriff of the county in which the condemned was convicted; the commissioner of the Department of Corrections and representa…

The warden of the penitentiary shall make due return, on the copy of the judgment of the court pronouncing the death sentence, of the manner, time and place of its execution by him. The return shall be filed by the clerk of the court in the papers of the case in his office.

The body of the condemned shall be delivered to any friend or relative making request for it. The expense for the return of the body to its home, not to exceed thirty dollars ($30), shall be paid out of the appropriations to the Department of Corrections. If no request is made, t…

In the case of accidental homicide by motor vehicle, when no arrest is made at the scene of the accident and a complaint is later filed against the driver, the court shall not issue a warrant for the arrest of the driver unless there is reason to believe that the driver will flee…

The issuance of a summons rather than an arrest warrant shall be mandatory for all offenses, except for violations of KRS 189.290, 189.393, 189.520, 189.580, 511.080 or 525.070, which are deemed violations as defined in KRS 532.020(4) and traffic infractions for which a fine only…

Any warrant issued by District Court for an offense committed within a city shall be served by the police department of that city if the warrant is to be served within the city limits.

(1) The Department of Kentucky State Police in consultation with the Transportation Cabinet shall design, print, and distribute to all law enforcement agencies in the Commonwealth a uniform citation. (2) The citation shall: (a) Be approved by the Supreme Court; (b) Consist of an …

testing information. The Justice and Public Safety Cabinet shall modify the uniform citation form to include spaces where the peace officer may include: (1) The alcohol concentration in cases of violation of KRS 189A.010; and (2) Whether the defendant did take, refused to take, o…

(1) An offense which is designated as subject to prepayment by specific statutory designation may be prepaid by the violator subject to the terms and conditions of the statute involved. (2) When an offense that is not designated as subject to prepayment by specific statutory desi…

(1) No peace officer or other person shall invalidate, or attempt to invalidate, destroy or attempt to destroy a record copy of a uniform citation which has been lawfully issued. (2) No peace officer or other person to whom uniform citations are distributed, prior to issuance to …

(1) As used in this section: (a) 1. "Bail bondsman" means any person, partnership, or corporation engaged for profit in the business of: a. Furnishing bail, making bonds, or entering into undertakings, as surety, for the appearance of persons charged with any criminal offense or …