2016 Kentucky Revised Statutes CHAPTER 533 - PROBATION AND CONDITIONAL DISCHARGE .060 Probation or conditional release -- Effect of use of firearm -- Other felonies.
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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.
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