2018 Kentucky Revised Statutes CHAPTER 421 - WITNESSES .500 Definitions for KRS 421.500 to 421.575 -- Applicability -- Required notifications -- Duties of public officers and agencies. (Effective until November 6, 2018, if contingency met. See LRC note below.)
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421.500 Definitions for KRS 421.500 to 421.575 -- Applicability -- Required
notifications -- Duties of public officers and agencies.
(Effective until
November 6, 2018, if contingency met. See LRC note below.)
(1)
As used in KRS 421.500 to 421.575, "victim" means an individual who suffers
direct or threatened physical, financial, or emotional harm as a result of the
commission of a crime classified as stalking, unlawful imprisonment, use of a
minor in a sexual performance, unlawful transaction with a minor in the first
degree, terroristic threatening, menacing, harassing communications, intimidating a
witness, criminal homicide, robbery, rape, assault, sodomy, kidnapping, burglary in
the first or second degree, sexual abuse, wanton endangerment, criminal abuse,
human trafficking, or incest. If the victim is a minor or legally incapacitated,
"victim" means a parent, guardian, custodian or court-appointed special advocate.
(a)
(2)
(3)
If the victim is deceased and the relation is not the defendant, the following
relations shall be designated as "victim" for the purpose of exercising those
rights contained in KRS 421.500 to 421.575:
1.
The spouse;
2.
An adult child if subparagraph 1. of this paragraph does not apply;
3.
A parent if subparagraphs 1. and 2. of this paragraph do not apply;
4.
A sibling if subparagraphs 1. to 3. of this paragraph do not apply; and
5.
A grandparent if subparagraphs 1. to 4. of this paragraph do not apply.
(b) If the victim is deceased and the relation is not the defendant, the following
relations shall be designated as "victims" for the purpose of presenting victim
impact testimony under KRS 532.055(2)(a)7.:
1.
A spouse;
2.
An adult child;
3.
A parent;
4.
A sibling; and
5.
A grandparent.
If any court believes that the health, safety, or welfare of a victim who is a minor or
is legally incapacitated would not otherwise adequately be protected, the court may
appoint a special advocate to represent the interest of the victim and to exercise
those rights provided for by KRS 421.500 to 421.575. Communication between the
victim and the special advocate shall be privileged.
Law enforcement personnel shall ensure that victims receive information on
available protective, emergency, social, and medical services upon initial contact
with the victim and are given information on the following as soon as possible:
(a) Availability of crime victim compensation where applicable;
(b) Community based treatment programs;
(c) The criminal justice process as it involves the participation of the victim or
witness;
(d) The arrest of the accused; and
(e)
(4)
(5)
(6)
How to register to be notified when a person has been released from prison,
jail, a juvenile detention facility, or a psychiatric facility or forensic
psychiatric facility if the case involves a violent crime as defined in KRS
439.3401 and the person charged with or convicted of the offense has been
involuntarily hospitalized pursuant to KRS Chapter 202A.
Law enforcement officers and attorneys for the Commonwealth shall provide
information to victims and witnesses on how they may be protected from
intimidation, harassment, and retaliation as defined in KRS 524.040 or 524.055.
Attorneys for the Commonwealth shall make a reasonable effort to insure that:
(a) All victims and witnesses who are required to attend criminal justice
proceedings are notified promptly of any scheduling changes that affect their
appearances;
(b) If victims so desire and if they provide the attorney for the Commonwealth
with a current address and telephone number, they shall receive prompt
notification, if possible, of judicial proceedings relating to their case,
including, but not limited to, the defendant's release on bond and any special
conditions of release; of the charges against the defendant, the defendant's
pleading to the charges, and the date set for the trial; of notification of changes
in the custody of the defendant and changes in trial dates; of the verdict, the
victim's right to make an impact statement for consideration by the court at the
time of sentencing of the defendant, the date of sentencing, the victim's right
to receive notice of any parole board hearing held for the defendant, and that
the office of Attorney General will notify the victim if an appeal of the
conviction is pursued by the defendant; and of a scheduled hearing for shock
probation or for bail pending appeal and any orders resulting from that
hearing; and
(c) The victim knows how to register to be notified when a person has been
released from a prison, jail, a juvenile detention facility, or a psychiatric
facility or forensic psychiatric facility if the case involves a violent crime as
defined in KRS 439.3401 and the person charged with or convicted of the
offense has been involuntarily hospitalized pursuant to KRS Chapter 202A;
(d) The victim receives information on available:
1.
Protective, emergency, social, and medical services;
2.
Crime victim compensation, where applicable;
3.
Restitution, where applicable;
4.
Assistance from a victim advocate; and
5.
Community-based treatment programs; and
(e) The victim of crime may, pursuant to KRS 15.247, receive protection from
harm and threats of harm arising out of cooperation with law enforcement and
prosecution efforts.
The victim shall be consulted by the attorney for the Commonwealth on the
disposition of the case including dismissal, release of the defendant pending judicial
proceedings, any conditions of release, a negotiated plea, and entry into a pretrial
diversion program.
(7) In prosecution for offenses listed in this section for the purpose of defining
"victim," law enforcement agencies and attorneys for the Commonwealth shall
promptly return a victim's property held for evidentiary purposes unless there is a
compelling reason for retaining it. Photographs of such property shall be received
by the court as competent evidence in accordance with the provisions of KRS
422.350.
(8) A victim or witness who so requests shall be assisted by law enforcement agencies
and attorneys for the Commonwealth in informing employers that the need for
victim or witness cooperation in the prosecution of the case may necessitate absence
of that victim or witness from work.
(9) The Attorney General, where possible, shall provide technical assistance to law
enforcement agencies and attorneys for the Commonwealth if such assistance is
requested for establishing a victim assistance program.
(10) If a defendant seeks appellate review of a conviction and the Commonwealth is
represented by the Attorney General, the Attorney General shall make a reasonable
effort to notify victims promptly of the appeal, the status of the case, and the
decision of the appellate court.
Effective: June 25, 2013
History: Amended 2013 Ky. Acts ch. 25, sec. 18, effective June 25, 2013. -- Amended
2008 Ky. Acts ch. 60, sec. 1, effective July 15, 2008. -- Amended 2000 Ky. Acts ch.
401, sec. 12, effective July 14, 2000. -- Amended 1998 Ky. Acts ch. 606, sec. 40,
effective July 15, 1998. -- Amended 1996 Ky. Acts ch. 375, sec. 3, effective July 15,
1996. -- Created 1986 Ky. Acts ch. 212, sec. 1, effective July 15, 1986.
Legislative Research Commission Note (3/23/2018). 2018 Ky. Acts ch. 19, sec. 8,
provides that the repeal, reenactment, and amendment of this section in that Act
"shall take effect only upon the ratification, in the general election of November 6,
2018, of a Constitutional amendment providing for the protection of crime victims'
rights. If such an amendment is not ratified, this Act shall be void."
Legislative Research Commission Note (7/15/2008). Subsection (4) of this statute
contained a reference to KRS 524.045, which was repealed in 2002 Ky. Acts ch. 251,
sec. 6, effective July 15, 2002. The reference to KRS 524.045 should have been
deleted from this statute as a conforming amendment in that Act, or even when this
statute was amended in 2008. The Reviser of Statutes has removed the reference
during the codification of 2008 Ky. Acts ch. 60, sec. 1, under the authority of KRS
7.136(1)(h) to correct manifest clerical or typographical errors.
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