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2020 Kentucky Revised Statutes
Chapter 421 - Witnesses
421.520 Victim impact statement.

Universal Citation: KY Rev Stat § 421.520 (2020)
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421.520 Victim impact statement. (1) (2) (3) The attorney for the Commonwealth shall notify the victim that, upon conviction of the defendant, the victim has the right to submit a written victim impact statement to the probation officer responsible for preparing the presentence investigation report for inclusion in the report or to the court should such a report be waived by the defendant. The impact statement may contain, but need not be limited to, a description of the nature and extent of any physical, psychological, or financial harm suffered by the victim, the victim's need for restitution and whether the victim has applied for or received compensation for financial loss, and the victim's recommendation for an appropriate sentence. The victim impact statement shall be considered by the court prior to any decision on the sentencing or release, including shock probation, of the defendant. Effective: November 3, 2020 History: Repealed and reenacted 2020 Ky. Acts ch. 101, sec. 4, effective November 3, 2020. -- Created 1986 Ky. Acts ch. 212, sec. 3, effective July 15, 1986. Legislative Research Commission Note (11/3/2020). 2020 Ky. Acts ch. 101, sec. 8, provides that the repeal and reenactment of this statute in Section 4 of that Act "shall take effect only upon the ratification, in the general election of November 3, 2020, of a Constitutional amendment providing for the protection of crime victims' rights. If such an amendment is not ratified, this Act shall be void. The proposed amendment was ratified, effective November 3, 2020, becoming Kentucky Constitution Section 26A." Legislative Research Commission Note (6/13/2019). 2018 Ky. Acts ch. 19, sec. 8, provides that the repeal and reenactment of this statute 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." On June 13, 2019, the Kentucky Supreme Court ruled that the language of the proposed amendment was not properly submitted to the voters at that election and, therefore, its ratification was void under Section 256 of the Kentucky Constitution. Consequently, the repeal and reenactment of this statute in 2019 Ky. Acts ch. 19, sec. 4, was not given effect.
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