2013 Kentucky Revised Statutes CHAPTER 533 - PROBATION AND CONDITIONAL DISCHARGE 533.060 Probation or conditional release -- Effect of use of firearm -- Other felonies.
Download as PDF
533.060 Probation or conditional release -- Effect of use of firearm -- Other
felonies.
(1)
(2)
(3)
When a person has been convicted of an offense or has entered a plea of
guilty to an offense classified as a Class A, B, or C felony and the commission
of the offense involved the use of a weapon from which a shot or projectile may
be discharged that is readily capable of producing death or other serious
physical injury, the person shall not be eligible for probation, shock probation,
or conditional discharge, except when the person establishes that the person
against whom the weapon was used had previously or was then engaged in an
act or acts of domestic violence and abuse as defined in KRS 403.720 against
either the person convicted or a family member as defined in KRS 403.720 of
the person convicted. If the person convicted claims to be exempt from this
statute because that person was the victim of domestic violence and abuse as
defined in KRS 403.720, the trial judge shall conduct a hearing and make
findings to determine the validity of the claim and applicability of this
exemption. The findings of the court shall be noted in the final judgment.
When a person has been convicted of a felony and is committed to a
correctional detention facility and released on parole or has been released by
the court on probation, shock probation, or conditional discharge, and is
convicted or enters a plea of guilty to a felony committed while on parole,
probation, shock probation, or conditional discharge, the person shall not be
eligible for probation, shock probation, or conditional discharge and the period
of confinement for that felony shall not run concurrently with any other
sentence.
When a person commits an offense while awaiting trial for another offense, and
is subsequently convicted or enters a plea of guilty to the offense committed
while awaiting trial, the sentence imposed for the offense committed while
awaiting trial shall not run concurrently with confinement for the offense for
which the person is awaiting trial.
Effective:July 15, 1994
History: Amended 1994 Ky. Acts ch. 418, sec. 14, effective July 15, 1994.
Amended 1992 Ky. Acts ch. 173, sec. 3, effective July 14, 1992; and ch. 211,
sec. 139, effective July 14, 1992. -- Amended 1986 Ky. Acts ch. 331, sec. 62,
effective July 15, 1986. -- Created 1976 Ky. Acts ch. 180, sec. 2, effective June
19, 1976.
Disclaimer: These codes may not be the most recent version. Kentucky may have more current or accurate information. We make no warranties or guarantees about the accuracy, completeness, or adequacy of the information contained on this site or the information linked to on the state site. Please check official sources.