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452.230 Removal from county in state of lawlessness.
(1)
(2)
Whenever any Circuit Judge is satisfied from his own knowledge and from the
written statement of the Commonwealth's attorney of that judicial circuit that
such a state of lawlessness exists in any county of his judicial circuit or that
such a high state of excitement or feeling of prejudice exists therein against the
defendant that there is apparent danger of mob violence in which loss of life or
destruction of property may occur unlawfully, and that a trial in the county
cannot be fairly and impartially had, or that the officers of the court may be
prevented from discharging their duty or the jurors intimidated or deterred from
fairly and impartially rendering a verdict in the case, he may order the action
removed to some other county in which a fair trial can be had. The fiscal court
of the county from which the removal is made shall pay out of the county
treasury the costs of the removal.
A change of venue also may be had on motion of the defendant when the facts
exist as set out in subsection (1). The motion may be made by counsel, and
the presence of the defendant in court shall be deemed to be waived upon the
filing of the written statement of his counsel as set forth in subsection (1) and
the affidavit of the defendant, which affidavit shall state that the defendant is in
danger of mob violence in the county and for that reason desires a change of
venue to some other county, and that he thereby waives his presence on the
hearing of the motion for a change of venue.
History: Amended 1976 Ky. Acts ch. 62, sec. 131. -- Recodified 1942 Ky. Acts
ch. 208, sec. 1, effective October 1, 1942, from Ky. Stat. sec. 1112.
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