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GENERAL PROVISIONS CONCERNING CRIMES AND PUNISHMENTS

KRS tit. XL, ch. 431
in effect

KRS 431.005 Arrest by peace officers -- By private persons

431.005. Arrest by peace officers -- By private persons (1) A peace officer may make an arrest: (a) In obedience to a warrant; or (b) Without a warrant when a felony is committed in his or her presence; or (c) Without a warrant when he or she has probable cause to believe that the person being arrested has committed a felony; or (d) Without a warrant when a misdemeanor, as defined in KRS 431.060, has been committed in his or her presence; or (e) Without a warrant when a violation of KRS 189.290, 189.393, 189.520, 189.580, 511.080, or 525.070 has been committed in his or her presence, except that a violation of KRS 189A.010 or KRS 281A.210 need not be committed in his or her presence in order to make an arrest without a warrant if the officer has probable cause to believe that the person being arrested has violated KRS 189A.010 or KRS 281A.210; (f) Without a warrant when a violation of KRS 508.030 has occurred in a hospital without the officer's presence if the officer has probable cause to believe that the person being arrested has violated KRS 508.030. As used in this paragraph, "hospital" includes any pro perty owned or used by a hospital as a parking lot or parking garage; or (g) Without a warrant when a violation of KRS 235.240(2) has occurred causing an accident, occurring outside of the peace officer's presence, involving a motorboat or vessel on the waters of the Commonwealth, and resulting in a physical injury or property damage, and a commissioned peace officer has probable cause to determine who the operator of the motorboat or vessel was and that operator was intoxicated or under the influence of an y substance that impairs one's ability to operate the motorboat or vessel at the time of the accident. (2) (a) Any peace officer may arrest a person without warrant when the peace officer has probable cause to believe that the person has intentionally or w antonly caused physical injury to a family member, member of an unmarried couple, or another person with whom the person was or is in a dating relationship. (b) As used in this subsection, "dating relationship," "family member," and "member of an unmarried couple" have the same meanings as in KRS 403.720 and 456.010. (3) A peace officer may arrest a person without a warrant when the peace officer has probable cause to believe that the person is a sexual offender who has failed to comply with the Kentucky Sex Offender Registry requirements based upon information received from the Law Information Network of Kentucky. (4) For purposes of subsections (2) and (3) of this section, a "peace officer" is an officer certified pursuant to KRS 15.380 to 15.404. (5) If a law enforcement officer has probable cause to believe that a person has violated a condition of release imposed in accordance with KRS 431.064 and verifies that the alleged violator has notice of the conditions, the officer shall, without a warrant, arrest the alleged violator whether the violation was committed in or outside the presence of the officer. (6) A private person may make an arrest when a felony has been committed in fact and he or she has probable cause to believe that the person being arrested has committed it. (7) If a law enforcement officer has probable cause to believe that a person has violated an interpersonal protective order issued under KRS 508.155, then the officer shall, without a warrant, arrest the alleged violator whether the violation was committed in or outside the presence of the officer. Effective: July 15, 2026 History: Amended 2026 Ky. Acts ch. 67, sec. 8, effective July 15, 2026. -- Amended 2019 Ky. Acts ch. 171, sec. 3, effective June 27, 2019. -- Amended 2017 Ky. Acts ch. 23, sec. 1, effective June 29, 2017. -- Amended 2015 Ky. Acts ch. 102, sec. 42, effective January 1, 2016. -- Amended 2012 Ky. Acts ch. 128, sec. 1, effective July 12, 2012. -- Amended 2010 Ky. Acts ch. 170, sec. 17, effective July 15, 2010. -- Amended 2006 Ky. Acts ch. 182, sec. 24, effective July 12, 2006. -- Amended 2005 Ky. Acts ch. 132, sec. 31, effective June 20, 2005. -- Amended 2002 Ky. Acts ch. 119, sec. 3, effective July 15, 2002. -- Amended 1998 Ky. Acts ch. 23, sec. 16, effective July 15, 1998. -- Amended 1996 Ky. Acts ch. 345, sec. 4, effective July 15, 1996. -- Amended 1992 Ky. Acts ch. 172, sec. 14, effective July 14, 1992. -- Amended 1990 Ky. Acts ch. 455, sec. 33, effective July 13, 1990. -- Amended 1988 Ky. Acts ch. 258, sec. 5, effective July 15, 1988. -- Amended 1984 Ky. Acts ch. 165, sec. 23, effective July 13, 1984. -- Amended 1980 Ky. Acts ch. 309, sec. 1; and ch. 312, sec. 1, effective July 15, 1980 -- Created 1962 Ky. Acts ch. 234, sec. 31.

KRS 431.007 Arrest powers of peace officers assisting in another county -- Exception

431.007. Arrest powers of peace officers assisting in another county -- Exception (1) A peace officer certified pursuant to KRS 15.380 to 15.404, who is directly employed as a police officer by a Kentucky city, county, or urban-county government and whose department meets the requirements of KRS 15.440 and a sheriff, or deputy sheriff who has been certified pursuant to KRS 15.380 to 15.404, who is officially requested by a law enforcement agency in another county in Kentucky to assist in any matter within the jurisdiction of the requesting agency shall possess, while responding to and for the duration of the matter for which the request was made, the same powers of arrest in the requesting county as he possesses in the county in which he is a police officer. (2) The provisions of this section shall not: (a) Authorize assistance in any labor dispute or strike; (b) Authorize assistance by a constable or deputy constable; (c) Authorize assistance by a special local peace officer; or (d) Authorize assistance by a special deputy sheriff. Effective: June 26, 2007 History: Amended 2007 Ky. Acts ch. 108, sec. 1, effective June 26, 2007. -- Created 1986 Ky. Acts ch. 120, sec. 1, effective July 15, 1986.

KRS 431.008 Insurance coverage for assistance rendered under KRS 431.007

431.008. Insurance coverage for assistance rendered under KRS 431.007 When a peace officer specified in KRS 431.007 is lawfully conducting an assistance operation under KRS 431.007, any insurance relative to the performance of his duties, including, but not limited to, workers' compensation, health, liability, and motor vehicle insurance, maintained by the peace officer or the peace officer's employer, shall remain in force. Effective: July 14, 2000 History: Created 2000 Ky. Acts ch. 515, sec. 1, effective July 14, 2000.

KRS 431.015 Citation for misdemeanor -- Failure to appear

431.015. Citation for misdemeanor -- Failure to appear (1) (a) KRS 431.005 to the contrary notwithstanding, and except as provided in paragraphs (b), (c), (d), and (e) of this subsection, a peace officer shall issue a citation instead of making an arrest for a misdemeanor committed in his or her presence, if there are reasonable grounds to believe that the person being cited will appear to answer the charge. The citation shall provide that the defendant shall appear within a designated time. (b) A peace officer may make an arrest instead of issuing a citation for a misdemeanor committed in his or her presence if the misdemeanor is: 1. A violation of KRS Chapter 508, 510, or 527, or KRS 189A.010, 511.050, 511.085, 514.110, or 523.110; 2. An offense in which the defendant poses a risk of danger to himself, herself, or another person; or 3. An offense in which the defendant refuses to follow the peace officer's reasonable instructions. (c) A peace officer shall make an arrest for violations of protective orders issued pursuant to KRS 403.715 to 403.785 or an order of protection as defined in KRS 456.010. (d) A peace officer may make an arrest or may issue a citation for a violation of KRS 508.030 which occurs in a hospital pursuant to KRS 431.005(1)(f). (e) A peace officer: 1. May make an arrest for a violation of KRS 519.082 or 519.084; and 2. Shall remove a person who violates KRS 519.082 or 519.084 from a legislative building as defined in KRS 519.080 when the removal is requested by the: a. Speaker of the House of Representa tives; b. Sergeant-at-Arms of the House of Representatives; c. President of the Senate; d. Sergeant-at-Arms of the Senate; or e. Chair of a committee of the General Assembly. (2) A peace officer may issue a citation instead of making an arrest for a violat ion committed in his or her presence but may not make a physical arrest unless there are reasonable grounds to believe that the defendant, if a citation is issued, will not appear at the designated time or unless the offense charged is a violation of KRS 189.223, 189.290, 189.393, 189.520, 189.580, 235.240, 281.600, 511.080, or 525.070 committed in his or her presence or a violation of KRS 189A.010, not committed in his or her presence, for which an arrest without a warrant is permitted under KRS 431.005(1)(e). (3) A peace officer may issue a citation when he or she has probable cause to believe that the person being issued the citation has committed a misdemeanor outside of his or her presence, if there are reasonable grounds to believe that the person bein g cited will appear to answer the charge. The citation shall provide that the defendant shall appear within a designated time. (4) If the defendant fails to appear in response to the citation, or if there are reasonable grounds to believe that he or she will not appear, a complaint may be made before a judge and a warrant shall issue. (5) When a physical arrest is made and a citation is issued in relation to the same offense the officer shall mark on the citation, in the place specified for court appearance date, the word "ARRESTED" in lieu of the date of court appearance. Effective: June 27, 2025 History: Amended 2025 Ky. Acts ch. 123, sec. 4, effective June 27, 2025. -- Amended 2018 Ky. Acts ch. 189, sec. 2, effective July 14, 2018. -- Amended 2017 Ky. Acts ch. 23, sec. 2, effective June 29, 2017. -- Amended 2016 Ky. Acts ch. 98, sec. 1, effective July 15, 2016. -- Amended 2015 Ky. Acts ch. 102, sec. 43, effective January 1, 2016. -- Amended 2012 Ky. Acts ch. 128, sec. 2, effective July 12, 2012. - - Amended 2011 Ky. Acts ch. 2, sec. 46, effective June 8, 2011. -- Amended 2000 Ky. Acts ch. 512, sec. 10, effective July 14, 2000. -- Amended 1984 Ky. Acts ch. 165, sec. 25, effective July 13, 1984. -- Amended 1980 Ky. Acts ch. 309, sec. 2, effective July 15, 1980 . -- Amended 1978 Ky. Acts ch. 26, sec. 1, effective March 3, 1978. -- Amended 1976 (1st Extra. Sess.) Ky. Acts ch. 14, sec. 437, effective January 2, 1978. -- Created 1962 Ky. Acts ch. 234, sec. 33.

KRS 431.017 Appearance bond of prosecuting witness

431.017. Appearance bond of prosecuting witness A judge, trial commissioner, or other officer issuing an arrest warrant based upon the testimony or allegations of a prosecuting witness may require the witness to post a bond in favor of the Commonwealth to secure the attendance of that witness in court in all matters relating to that particular arrest warrant. The amount of the bond shall be twenty- five dollars ($25). In the event that the prosecuting witness fails to appear and does not present valid reason therefor, the trial court shall order the forfeiture of the bond. This section shall not apply to any appeal or postconviction proceeding. Effective: July 15, 1982 History: Created 1982 Ky. Acts ch. 225, sec. 1, effective July 15, 1982.

KRS 431.021 Guaranteed arrest bond certificate of surety company to be accepted in lieu of cash bail in traffic cases

431.021. Guaranteed arrest bond certificate of surety company to be accepted in lieu of cash bail in traffic cases (1) A guaranteed arrest bond certificate presented by the person whose signature appears thereon shall be accepted in lieu of cash bail in an amount not to exceed two hundred dollars ($200) as a bail bond to guarantee the appearance of such person in any court of this Commonwealth, at the time required by such court, when he is arrested for violation of any law of this Commonwealth or traffic ordinance of any municipality therein relating to the operation of a motor vehicle. A guaranteed arrest bond certificate so presented as a bail bond is subject to the same forfeiture and enforcement provisions as a bail bond or cash bail, but is not subject to Rules 4.30 and 4.34 of the Kentucky Rules of Criminal Procedure. However: (a) The violation must have been committed prior to the expiration date shown on the guaranteed arrest bond certificate, and (b) A guaranteed arrest bond certificate may not be accepted when a person is arrested for violation of KRS 189A.010 or KRS Chapter 281. (2) As used in this section, "guaranteed arrest bond certificate" means a printed card or other certificate issued by an association to any of its members, which is signed by the member and contains a printed statement that such association and a surety company licensed to do business in this Commonwealth: (a) Guarantee the appearance of the person whose signature appears on the card or certificate, and (b) Will, in the event of the failure of such person to appear in court at the time set for appearance, pay any fine or forfeiture imposed upon such person in an amount not to exceed two hundred dollars ($200). Effective: July 13, 1984 History: Amended 1984 Ky. Acts ch. 165, sec. 24, effective July 13, 1984. -- Amended 1980 Ky. Acts ch. 188, sec. 298, effective July 15, 1980. -- Amended 1968 Ky. Acts ch.152, sec. 167. -- Created 1962 Ky. Acts ch. 283, sec. 1.

KRS 431.025 Notice of intention to arrest -- Act of arrest -- Force

431.025. Notice of intention to arrest -- Act of arrest -- Force (1) The person making an arrest shall inform the person about to be arrested of the intention to arrest him, and of the offense for which he is being arrested. (2) An arrest is made by placing the person being arrested in restraint, or by his submission to the custody of the person making the arrest. The submission shall be in the actual presence of the arrester. (3) No unnecessary force or violence shall be used in making an arrest. History: Created 1962 Ky. Acts ch. 234, sec. 35.

KRS 431.035 Repealed, effective January 1, 1975

431.035. Repealed, effective January 1, 1975 Catchline at repeal: Aid in making arrest. History: Repealed 1974 Ky. Acts ch. 406, sec. 336, effective January 1, 1975. -- Created 1962 Ky. Acts ch. 234, sec. 37.

KRS 431.045 Pursuit in effecting arrest

431.045. Pursuit in effecting arrest A peace officer in actual pursuit may continue such pursuit across corporate or county lines for the purpose of making an arrest. History: Created 1962 Ky. Acts ch. 234, sec. 39.

KRS 431.055 Pursuit to recapture escapee

431.055. Pursuit to recapture escapee If a person lawfully arrested escapes or is rescued, the person from whose custody he escaped or was rescued may immediately pursue and retake him in any part of the Commonwealth and may be joined in the pursuit and recapture by peace officers in the immediate area or vicinity. History: Created 1962 Ky. Acts ch. 234, sec. 41.

KRS 431.060 Felonies, misdemeanors and violations defined

431.060. Felonies, misdemeanors and violations defined Offenses are either felonies, misdemeanors, or violations: (1) Offenses punishable by death or confinement in the penitentiary, whether or not a fine or other penalty may also be assessed, are felonies. (2) Offenses punishable by confinement other than in the penitentiary, whether or not a fine or other penalty may also be assessed, are misdemeanors. (3) Offenses punishable by a fine only or by any other penalty not cited herein, whether in combination with a fine or not, are violations. Effective: July 1, 1980 History: Amended 1980 Ky. Acts ch. 309, sec. 3, effective July 1, 1980. -- Recodified 1942 Ky. Acts ch. 208, sec. 1, effective October 1, 1942, from Ky. Stat. sec. 1127.

KRS 431.062 Detention in jail prior to trial prohibited for certain offenses, exceptions

431.062. Detention in jail prior to trial prohibited for certain offenses, exceptions (1) No person shall be detained in jail prior to trial for any offense defined in KRS 431.060, 500.080, or 532.020 as a violation unless: (a) He has previously failed to make a court appearance required in connection therewith; or (b) Is a fugitive from justice. (2) This section shall not apply to the offenses listed in KRS 431.015 or 222.202. Effective: July 1, 1986 History: Created 1986 Ky. Acts ch. 336, sec. 6, effective July 1, 1986. -- Created 1984 Ky. Acts ch. 92, sec. 1, effective July 13, 1984.

KRS 431.063 Human trafficking victim not to be incarcerated pending trial -- Exceptions

431.063. Human trafficking victim not to be incarcerated pending trial -- Exceptions A victim of human trafficking shall not be held in a detention center, jail, or other secure facility pending trial for an offense arising from the human trafficking situation, except where the incarceration is found to be the least restrictive alternative to securing the appearance of that person before the court or the release of the person under any other reasonable condition would be a clear threat to public safety. Effective: June 26, 2007 History: Created 2007 Ky. Acts ch. 19, sec. 2, effective June 26, 2007.

KRS 431.064 Pretrial release of person arrested for assault, sexual offense, or violation of protective order -- Conditions -- Hearing -- Victim entitled to copy of conditions of release -- Entry of conditions into Law Information Network -- Penalty

431.064. Pretrial release of person arrested for assault, sexual offense, or violation of protective order -- Conditions -- Hearing -- Victim entitled to copy of conditions of release -- Entry of conditions into Law Information Network -- Penalty (1) In making a decision concerning pretrial release of a person who is arrested for a violation of KRS Chapter 508 or 510, or charged with a crime involving a violation of an order of protection as defined in KRS 403.720 and 456.010, the court or agency having authority to make a decision concerning pretrial release shall review the facts of the arrest and detention of the person and determine whether the person: (a) Is a threat to the alleged victim or other family or household member; and (b) Is reasonably likely to appear in court. (2) Before releasing a person arrested for or charged with a crime specified in subsection (1) of this section, the court shall make findings, on the record if possible, concerning the determination made in accordance with subsection (1) of this section, and may impose conditions of release or bail on the person to protect the alleged victim of domestic violence or abuse and to ensure the appearance of the person at a subsequent court proceeding. The conditions may include: (a) An order enjoining the person from threatening to commit or committing acts of domestic violence or abuse against the alleged victim or other family or household member; (b) An order prohibiting the person from harassing, annoying, telephoning, contacting, or otherwise communicating with the alleged victim, either directly or indirectly; (c) An order directing the person to vacate or stay away from the home of the alleged victim and to stay away from any other location where the victim is likely to be; (d) An order prohibiting the person from using or possessing a firearm or other weapon specified by the court; (e) An order prohibiting the person from possession or consumption of alcohol or controlled substances; (f) Any other order required to protect the safety of the alleged victim and to ensure the appearance of the person in court; or (g) Any combination of the orders set out in paragraphs (a) to (f) of this subsection. (3) If conditions of release are imposed, the court imposing the conditions on the arrested or charged person shall: (a) Issue a written order for conditional release; and (b) Immediately distribute a copy of the order to pretrial services. (4) The court shall provide a copy of the conditions to the arrested or charged person upon release. Failure to provide the person with a copy of the conditions of release does not invalidate the conditions if the arrested or charged person has notice of the conditions. (5) If conditions of release are imposed without a hearing, the arrested or charged person may request a prompt hearing before the court to review the conditions. Upon request, the court shall hold a prompt hearing to review the conditions. (6) The victim, as defined in KRS 421.500, of the defendant's alleged crime, or an individual designated by the victim in writing, shall be entitled to a free certified copy of the defendant's conditions of release, or modified conditions of release, upon request to the clerk of the court which issued the order releasing the defendant. The victim or the victim's designee may personally obtain the document at the clerk's office or may have it delivered by mail. (7) The circuit clerk or the circuit clerk's designee, in cooperation with the court that issued the order releasing the defendant, shall cause the conditions of release to be entered into the computer system maintained by the clerk and the Administrative Office of the Courts within twenty-four (24) hours following its filing, excluding weekends and holidays. Any modification of the release conditions shall likewise be entered by the circuit clerk, or the circuit clerk's designee. (8) The information entered under this section shall be accessible to any agency designated by the Department of Kentucky State Police as a terminal agency for the Law Information Network of Kentucky. (9) All orders issued under this section which require entry into the Law Information Network of Kentucky shall be entered on forms prescribed by the Administrative Office of the Courts. If the conditions of pretrial release are contained in an order which is narrative in nature, the prescribed form shall be used in addition to the narrative order. (10) Any person who violates any condition of an order issued pursuant to this section is guilty of a Class A misdemeanor. Effective: January 1, 2016 History: Amended 2015 Ky. Acts ch. 102, sec. 44, effective January 1, 2016. -- Amended 2007 Ky. Acts ch. 85, sec. 309, effective June 26, 2007. -- Amended 2000 Ky. Acts ch. 400, sec. 3, effective July 14, 2000. -- Created 1996 Ky. Acts ch. 345, sec. 5, effective July 15, 1996.

KRS 431.065 Repealed, effective January 1, 1975

431.065. Repealed, effective January 1, 1975 Catchline at repeal: Attempt to commit offense -- Penalties. History: Repealed 1974 Ky. Acts ch. 406, sec. 336, effective January 1, 1975. -- Created 1968 Ky. Acts ch. 108, sec. 1.

KRS 431.066 Pretrial release and bail options of verified and eligible defendant -- Assessment of flight risk, likelihood of appearing at trial, and risk of danger -- Credit toward bail for time in jail

431.066. Pretrial release and bail options of verified and eligible defendant -- Assessment of flight risk, likelihood of appearing at trial, and risk of danger -- Credit toward bail for time in jail (1) For purposes of this section, "verified and eligible defendant" means a defendant who pretrial services is able to interview and assess, and whose identity pretrial services is able to confirm through investigation. (2) When a court considers pretrial release and bail for an arrested defendant, the court shall consider whether the defendant constitutes a flight risk, is unlikely to appear for trial, or is likely to be a danger to the public if released. In making this determination, the court shall consider the pretrial risk assessment for a verified and eligible defendant along with the factors set forth in KRS 431.525. (3) If a verified and eligible defendant poses low risk of flight, is likely to appear for trial, and is not likely to be a danger to others, the court shall order the defendant released on unsecured bond or on the defendant's own recognizance subject to such other conditions as the court may order. (4) If a verified and eligible defendant poses a moderate risk of flight, has a moderate risk of not appearing for trial, or poses a moderate risk of danger to others, the court shall release the defendant under the same conditions as in subsection (3) of this section but shall consider ordering the defendant to participate in global positioning system monitoring, controlled substance testing, increased supervision, or such other conditions as the court may order. (5) (a) Except as provided in paragraph (b) of this subsection, regardless of the amount of the bail set, the court shall permit the defendant a credit of one hundred dollars ($100) per day as a payment toward the amount of the bail set for each day or portion of a day that the defendant remains in jail prior to trial. Upon the service of sufficient days in jail to have sufficient credit to satisfy the bail, the defendant shall be released from jail on the conditions specified in this section or in this chapter. (b) The provisions of paragraph (a) of this subsection shall not apply to: 1. Any person convicted of, pleading guilty to, or entering an Alford plea to a felony offense under KRS Chapter 510, KRS 529.100 involving commercial sexual activity, KRS 530.020, 530.064(1)(a), 531.310, or 531.320, or who is a violent offender as defined in KRS 439.3401; or 2. A defendant who is found by the court to present a flight risk or to be a danger to others. (c) For purposes of this subsection, "a day or portion of a day" means any time spent in a detention facility following booking. (d) A defendant shall not earn credit pursuant to paragraph (a) of this subsection while also earning credit pursuant to KRS 534.070. (6) If a court determines that a defendant shall not be released pursuant to subsection (5) of this section, the court shall document the reasons for denying the release in a written order. (7) The jailer shall be responsible for tracking the credit earned by a defendant pursuant to subsection (5) of this section. Effective: July 12, 2012 History: Amended 2012 Ky. Acts ch. 156, sec. 1, effective July 12, 2012. -- Created 2011 Ky. Acts ch. 2, sec. 48, effective June 8, 2011.

KRS 431.067 Participation in global positioning monitoring system program as condition of pretrial release

431.067. Participation in global positioning monitoring system program as condition of pretrial release When considering the pretrial release of a person whose pretrial risk assessment indicates he or she is a moderate or high risk defendant, the court considering the release may order as a condition of pretrial release that the person participate in a global positioning monitoring system program under the same terms and conditions provided in KRS 431.517 during all or part of the person's period of pretrial release. Effective: June 8, 2011 History: Created 2011 Ky. Acts ch. 2, sec. 45, effective June 8, 2011.

KRS 431.068 Use of alcohol monitoring device as condition of pretrial release

431.068. Use of alcohol monitoring device as condition of pretrial release When considering the pretrial release of a person whose pretrial risk assessment indicates he or she is a moderate-risk or high-risk defendant, the court considering the release may order as a condition of pretrial release that the person use an alcohol monitoring device during all or part of the person's period of pretrial release. All costs associated with the alcohol monitoring device, including administrative and operating costs, shall be paid by the defendant. As used in this section, "alcohol monitoring device" means an electronic device that: (1) Tests for alcohol concentration level through scheduled, random, continuous, or on- demand testing; (2) Detects and records tampering attempts; and (3) Transmits the data by means of either a telephone line or cellular uplink, or records the data for retrieval through methods approved by the court. Effective: July 15, 2014 History: Created 2014 Ky. Acts ch. 141, sec. 1, effective July 15, 2014.

KRS 431.070 Repealed, effective January 1, 1975

431.070. Repealed, effective January 1, 1975 Catchline at repeal: When death penalty imposed -- Punishment of common-law offense. History: Repealed 1974 Ky. Acts ch. 406, sec. 336, effective January 1, 1975. -- Recodified 1942 Ky. Acts ch. 208, sec. 1, effective October 1, 1942, from Ky. Stat. sec. 1127.

KRS 431.073 Certain felony convictions may be vacated and the records expunged -- Application -- Hearing -- Vacating conviction without a hearing -- Order to vacate and expunge -- Application form -- Fees -- Retroactivity. (Effective until April 30, 2027)

431.073. Certain felony convictions may be vacated and the records expunged -- Application -- Hearing -- Vacating conviction without a hearing -- Order to vacate and expunge -- Application form -- Fees -- Retroactivity. (Effective until April 30, 2027) (1) Any person who has been: (a) Convicted of a Class D felony violation of KRS 17.175, 186.990, 194A.505, 194B.505, 217.181, 217.207, 217.208, 218A.140, 218A.1415, 218A.1416, 218A.1417, 218A.1418, 218A.1423, 218A.1439, 218A.282, 218A.284, 218A.286, 218A.320, 218A.322, 218A.324, 218A.500, 244.165, 286.11 -057, 304.47-025, 324.990, 365.241, 434.155, 434.675, 434.850, 434.872, 511.040, 512.020, 514.030, 514.040, 514.050, 514.060, 514.065, 514.070, 514.080, 514.090, 514.100, 514.110, 514.120, 514.140, 514.15 0, 514.160, 516.030, 516.060, 516.090, 516.108, 517.120, 518.040, 522.040, 524.100, 525.113, 526.020, 526.030, 528.020, 528.040, 528.050, 530.010, or 530.050; (b) Convicted of a series of Class D felony violations of one (1) or more statutes enumerated in paragraph (a) of this subsection arising from a single incident; (c) Granted a full pardon; or (d) Convicted of a Class D felony, or an offense prior to January 1, 1975 which was punishable by not more than five (5) years' incarceration, which was not a violation of KRS 189A.010, 508.032, or 519.055, abuse of public office, a sex offense, or an offense committed against a child, and did not result in serious bodily injury or death; or of multiple felony offenses eligible under this paragraph; may file with the court in which he or she was convicted an application to have the judgment vacated. The application shall be filed as a motion in the original criminal case. The person shall be informed of the right at the time of adjudication. (2) (a) A verified application to have the judgment vacated under this section shall be filed no sooner than five (5) years after the completion of the person's sentence, or five (5) years after the successful completion of the person's probation or parole, whichever occurs later. (b) Upon the payment of the filing fee and the filing of the application, the Circuit Court clerk shall serve a notice of filing upon the office of the Commonwealth's attorney or county attorney that prosecuted the case and the county attorney of the county where the judgment was entered. The office of the Commonwealth's attorney or county attorney that prosecuted the case shall file a response within sixty (60) days after being served with the notice of filing. That time period may be extended for good cause, but the hearing on the application to vacate the judgment shall occur no later than one hundred twenty (120) days following the filing of the application. The inability to determine the location of the crime victim shall constitute good cause for a n extension of time. No hearing upon the merits of the application shall be scheduled until the Commonwealth's response has been filed, or if no response is received, no later than one hundred twenty (120) days after the filing of the application. (c) In any case in which the Commonwealth objects that the application is grossly incomplete, the court shall order the person or agency originating the application to supplement the application. (3) Upon the filing of the Commonwealth's response to an application, or if no response is received, no later than one hundred twenty (120) days after the filing of the application, the court shall set a date for a hearing and the Circuit Court clerk shall notify the office of the Commonwealth's attorney or county attorney that prosecuted the case. The office of the Commonwealth's attorney or county attorney that prosecuted the case shall notify the victim of the crime, if there was an identified victim. The Commonwealth's attorney or county attorney shall be authorized to obtain without payment of any fee information from the Transportation Cabinet regarding the crime victim's address on file regarding any vehicle operator's license issued to that person. (4) (a) In an application pursuant to subsection (1)(d) of this section, upon the filing of the Commonwealth's response objecting to the vacating of a judgment and expungement of a record, the court shall schedule a hearing within one hundred twenty (120) days of the Commonwealth's response. The prosecutor shall specify in the objection the reasons for believing a denial of the application is justified. At the hearing at which the applicant or his or her attorney must be present, the applicant must prove by clear and convincing evidence that: 1. Vacating the judgment and expunging the record is consistent with the welfare and safety of the public; 2. The action is supported by his or her behavior since the conviction or convictions, as evidenced that he or she has been active in rehabilitative activities in prison and is living a law-abiding life since release; 3. The vacation and expungement is warranted by the interests of justice; and 4. Any other matter deemed appropriate or necessary by the court to make a determination regarding the petition for expungement is met. (b) At the hearing, the applicant may testify as to the specific adverse consequences he or she may be subject to if the application is denied. The court may hear testimony of witnesses and any other matter the court deems proper and relevant to its determination regarding the application. The Commonwealth may present proof of any extraordinary circumstances that exist to deny the application. A victim of any offense listed in the application shall have an opportunity to be heard at any hearing held under this section. (c) If the court determines that circumstances warrant vacation and expungement and that the harm otherwise resulting to the applicant clearly outweighs the public interest in the criminal history record information being publicly available, then the original conviction or convictions shall be vacated and the records shall be expunged. The order of expungement shall not preclude a prosecutor's office from retaining a nonpublic record for law enforcement purposes only. (5) The court may order the judgment vacated, and if the judgment is vacated the court shall dismiss with prejudice any charges which are eligible for expungement under subsection (1) of this section or KRS 431.076 or 431.078, and, upon full payment of the fee in subsection (11) of this section, order expunged all records in the custody of the court and any records in the custody of any other agency or official, including law enforcement records, if the court finds that: (a) The person had not in the five (5) years prior to the filing of the application to have the judgment vacated been convicted of a felony or a misdemeanor; (b) No proceeding concerning a felony or misdemeanor is pending or being instituted against the person; and (c) For an application pursuant to subsection (1)(d) of this section, the person has been rehabilitated and poses no significant threat of recidivism. (6) If the court has received a response from the office of the Commonwealth's attorney or county attorney that prosecuted the case stating no objection to the application to have the judgment vacated, or if one hundred twenty (120) days have elapsed since the filing of the application and no response has been received from the victim or the office of the Commonwealth's attorney or county attorney that prosecuted the case, the court may, without a hearing, vacate the judgment in the manner established in subsection (5) of this section. (7) Upon entry of an order vacating and expunging a conviction, the original conviction shall be vacated and, upon full payment of the fee in subsection (11) of this section, the record shall be expunged. The court and other agencies shall cause records to be deleted or removed from their computer systems so that the matter shall not appear on official state-performed background checks. The court and other agencies shall reply to any inquiry that no record exists on the matter. The person whose record is expunged shall not have to disclose the fact of the record or any matter relating thereto on an application for employment, credit, or other type of application. If the person is not prohibited from voting for any other reason, the person's ability to vote shall be restored and the person may register to vote. (8) An order vacating a conviction under this section shall not extend or revive an expired statute of limitations, shall not constitute a finding of legal error regarding the proceedings leading to or resulting in the conviction, shall not nullify any findings of fact or conclusions of law made by the trial court or any appellate court regarding the conviction, and shall not constitute a finding of innocence regarding the conviction. (9) The Administrative Office of the Courts shall establish a form application to be used in filing an application to have judgment vacated and records expunged. (10) The filing fee for an application to have judgment vacated and records expunged shall be fifty dollars ($50), which shall be deposited into a trust and agency account for deputy clerks and shall not be refundable. (11) (a) Upon the issuance of an order vacating and expunging a conviction pursuant to this section, the applicant shall be charged an expungement fee of two hundred fifty dollars ($250), which may be payable by an installment plan in accordance with KRS 534.020. (b) When the order is issued, the court shall set a date, no sooner than eighteen (18) months after the date of the order, by which the defendant must comply with the installment payment plan. The applicant shall be given notice of the total amount due, the payment frequency, and the date by which all payments must be made. The notice shall state that the expungement cannot be completed until full payment is received, and that if the applicant has not completed the installment payment plan by the scheduled date, he or she shall appear on that date to show good cause as to why he or she is unable to satisfy the obligations. Notwithstanding provisions of KRS 534.020 to the contrary, no applicant shall be ordered to jail for failure to complete an installment plan ordered pursuant to this section. (c) The revenues and interest from the expungement fee shall be deposited in the expungement fund created in KRS 431.0795. (12) This section shall be retroactive. Effective: June 29, 2023 History: Amended 2023 Ky. Acts ch. 87, sec. 1, effective June 29, 2023. -- Amended 2019 Ky. Acts ch. 188, sec. 1, effective June 27, 2019. -- Created 2016 Ky. Acts ch. 94, sec. 1, effective July 15, 2016.

KRS 431.074 Index of expungement orders -- Restricted access

431.074. Index of expungement orders -- Restricted access (1) The Administrative Office of the Courts shall retain an index of expungement orders entered under KRS 431.073 or 431.078. (2) The index shall only be accessible to persons preparing a certification of eligibility for expungement pursuant to KRS 431.079 or the Kentucky Law Enforcement Council for the purpose of verifying qualifications under KRS 15.382. (3) If the index indicates that the person applying for expungement has had a prior felony expunged under KRS 431.073, the person preparing the report may, notwithstanding the provisions of KRS 431.073, access the expunged record and include information from the expunged record in the certification. Effective: June 29, 2023 History: Amended 2023 Ky. Acts ch. 170, sec. 13, effective June 29, 2023. -- Created 2016 Ky. Acts ch. 94, sec. 5, effective July 15, 2016.

KRS 431.075 Repealed, effective January 1, 1975

431.075. Repealed, effective January 1, 1975 Catchline at repeal: Common-law offenses, penalties for. History: Repealed 1974 Ky. Acts ch. 406, sec. 336, effective January 1, 1975. -- Created 1950 Ky. Acts ch. 169, sec. 1.

KRS 431.076 Expungement of criminal records for those acquitted of crimes, for whom charges have been dismissed but not in exchange for a guilty plea to another charge, or against whom charges have not resulted in an indictment or an information filed by the Commonwealth's attorney -- Effects of an order of expungement -- Expungement by court or upon petition of person charged --

431.076. Expungement of criminal records for those acquitted of crimes, for whom charges have been dismissed but not in exchange for a guilty plea to another charge, or against whom charges have not resulted in an indictment or an information filed by the Commonwealth's attorney -- Effects of an order of expungement -- Expungement by court or upon petition of person charged -- Exception for records in the custody of the Department for Community Based Services. (1) (a) On or after July 15, 2020, if a court enters an order of acquittal of criminal charges against a person, or enters an order dismissing with prejudice all criminal charges in a case against a person and not in exchange for a guilty plea to another charge, the court shall order the record expunged upon the expiration of thirty (30) days, unless the person objects to the expungement. As used in this paragraph, "criminal charges" shall not include a traffic infraction not otherwise classified as a misdemeanor. The order expunging the records shall not require any action by the person. (b) A person who has been charged with a criminal offense and who has been acquitted of the charges, or against whom charges have been dismissed and not in exchange for a guilty plea to another charge, and whose records have not been expunged pursuant to paragraph (a) of this subsection, may petition the court in which the disposition of the charges was made to expunge all charges. (c) A person against whom felony charges originally filed in the District Court have not resulted in an indictment by the grand jury or in an information filed by the Commonwealth's attorney may petition the District Court in which the charges were filed to dismiss and expunge all charges for which an indictment or information has not issued. (2) An expungement petition brought under subsection (1)(b) or (c) of this section shall be filed no sooner than: (a) Sixty (60) days following the order of acquittal or dismissal with prejudice by the court; (b) Six (6) months following the date of the District Court decision to hold the matter to the grand jury; or (c) For charges dismissed without prejudice: 1. For felony charges, three (3) years following the date of the order of dismissal without prejudice; or 2. For misdemeanor charges, one (1) year following the date of the order of dismissal without prejudice. (3) (a) If the court finds that the petition under subsection (1)(b) of this section is properly brought, the court shall grant the petition and order the expunging of the records. (b) 1. If the expungement petition is brought under subsection (1)(c) of this section, the petition shall be served upon the offices of the county and Commonwealth's attorneys that prosecuted the case. 2. Following the filing of the petition, the court shall notify the county and Commonwealth's attorneys of an opportunity for a response to the petition. The response shall be filed within ninety (90) days after the filing of the petition. 3. If a response is not filed, ninety (90) days after the filing of the petition the court shall dismiss the charges without prejudice and order the expunging of the records. 4. If a response is filed, ninety (90) days after the date the response is filed, if an indictment has not issued, the court shall dismiss without prejudice the charges for which an indictment has not issued and order the expunging of the records. (4) An order of expungement pursuant to this section shall expunge all criminal records in the custody of the court and any criminal records in the custody of any other agency or official, including law enforcement records, but no order of expungement pursuant to this section shall expunge records in the custody of the Department for Community Based Services. The court shall order the expunging on a form provided by the Administrative Office of the Courts. Every agency, with records relating to the arrest, charge, or other matters arising out of the arrest or charge, that is ordered to expunge records, shall certify to the court within sixty (60) days of the entry of the expungement order, that the required expunging action has been completed. All orders enforcing the expungement procedure shall also be expunged. (5) (a) If an expungement is ordered under subsection (1)(a) or (b) of this section, an appellate court which issued an opinion in the case shall order the appellate case file to be sealed and also direct that the version of the appellate opinion published on the court's Web site be modified to avoid use of the defendant's name in the case title and body of the opinion. (b) If an expungement is ordered under subsection (1)(c) of this section, an appellate court which issued an opinion in the case may, upon motion of the petitioner in the case, order the appellate case file to be sealed and also direct that the version of the appellate opinion published on the court's Web site be modified to avoid use of the petitioner's name in the case title and body of the opinion. (6) After the expungement, the proceedings in the matter shall be deemed never to have occurred. The court and other agencies shall delete or remove the records from their computer systems so that any official state-performed background check will indicate that the records do not exist. The court and other agencies shall reply to any inquiry that no record exists on the matter. The person whose record is expunged shall not have to disclose the fact of the record or any matter relating thereto on an application for employment, credit, or other type of application. (7) Inspection of the records included in the order may thereafter be permitted by the court only upon petition by the person who is the subject of the records and only to those persons named in the petition. (8) Except as provided in subsection (1)(a) of this section, this section shall be retroactive. Effective: July 15, 2020 History: Amended 2020 Ky. Acts ch. 45, sec. 1, effective July 15, 2020. -- Amended 2019 Ky. Acts ch. 188, sec. 2, effective June 27, 2019. -- Amended 2016 Ky. Acts ch. 94, sec. 2, effective July 15, 2016. -- Amended 2013 Ky. Acts ch. 69, sec. 16, effective June 25, 2013. -- Amended 2005 Ky. Acts ch. 99, sec. 648, effective June 20, 2005. -- Amended 2000 Ky. Acts ch. 426, sec. 1, effective July 14, 2000. -- Created 1996 Ky. Acts ch. 374, sec. 1, effective July 15, 1996.

KRS 431.078 Expungement of misdemeanor, violation, and traffic infraction records of convictions and dismissed or amended charges

431.078. Expungement of misdemeanor, violation, and traffic infraction records of convictions and dismissed or amended charges (1) Any person who has been convicted of: (a) A misdemeanor, a violation, or a traffic infraction not otherwise classified as a misdemeanor or violation, or a series of misdemeanors, violations, or traffic infractions arising from a single incident; or (b) A series of misdemeanors, violations, or traffic infractions not arising from a single incident; may petition the court in which he was convicted for expungement of his misdemeanor or violation record within that judicial district, including a record of any charges for misdemeanors, violations, or traffic infractions that were dismissed or amended in the criminal action. The person shall be informed of the right at the time of adjudication. (2) Except as provided in KRS 218A.275(8) and 218A.276(8), the petition shall be filed no sooner than five (5) years after the completion of the person's sentence or five (5) years after the successful completion of the person's probation, whichever occurs later. (3) Upon the filing of a petition, the court shall set a date for a hearing, no sooner than thirty (30) days after the filing of the petition, and shall notify the county attorney; the victim of the crime, if there was an identified victim; and any other person whom the person filing the petition has reason to believe may have relevant information related to the expungement of the record. Inability to locate the victim shall not delay the proceedings in the case or preclude the holding of a hearing or the issuance of an order of expungement. (4) For a petition brought under subsection (1)(a) of this section, the court shall order expunged all records in the custody of the court and any records in the custody of any other agency or official, including law enforcement records, if at the hearing the court finds that: (a) The offense was not a sex offense or an offense committed against a child; (b) The person had not in the five (5) years prior to the filing of the petition for expungement been convicted of a felony or a misdemeanor; (c) No proceeding concerning a felony or misdemeanor is pending or being instituted against the person; and (d) The offense is not one subject to enhancement for a second or subsequent offense or the time for such an enhancement has expired. (5) For a petition brought under subsection (1)(b) of this section, the court may order expunged all records in the custody of the court and any records in the custody of any other agency or official, including law enforcement records, if at the hearing the court finds that: (a) The offense was not a sex offense or an offense committed against a child; (b) The person had not in the five (5) years prior to the filing of the petition for expungement been convicted of a felony or a misdemeanor; (c) No proceeding concerning a felony or misdemeanor is pending or being instituted against the person; and (d) The offense is not one subject to enhancement for a second or subsequent offense or the time for such an enhancement has expired. (6) Upon the entry of an order to expunge the records, the proceedings in the case shall be deemed never to have occurred; the court and other agencies shall cause records to be deleted or removed from their computer systems so that the matter shall not appear on official state-performed background checks; the persons and the court may properly reply that no record exists with respect to the persons upon any inquiry in the matter; and the person whose record is expunged shall not have to disclose the fact of the record or any matter relating thereto on an application for employment, credit, or other type of application. (7) The filing fee for a petition under this section shall be one hundred dollars ($100). The first fifty dollars ($50) of each fee collected pursuant to this subsection shall be deposited into a trust and agency account for deputy clerks and shall not be refundable. (8) Copies of the order shall be sent to each agency or official named therein. (9) Inspection of the records included in the order may thereafter be permitted by the court only upon petition by the person who is the subject of the records and only to those persons named in the petition. (10) This section shall be deemed to be retroactive, and any person who has been convicted of a misdemeanor prior to July 14, 1992, may petition the court in which he was convicted, or if he was convicted prior to the inception of the District Court to the District Court in the county where he now resides, for expungement of the record of one (1) misdemeanor offense or violation or a series of misdemeanor offenses or violations arising from a single incident, provided that the offense was not one specified in subsection (4) and that the offense was not the precursor offense of a felony offense for which he was subsequently convicted. This section shall apply only to offenses against the Commonwealth of Kentucky. (11) As used in this section, "violation" has the same meaning as in KRS 500.080. (12) Any person denied an expungement prior to June 25, 2013, due to the presence of a traffic infraction on his or her record may file a new petition for expungement of the previously petitioned offenses, which the court shall hear and decide under the terms of this section. No court costs or other fees, from the court or any other agency, shall be required of a person filing a new petition under this subsection. Effective: July 15, 2016 History: Amended 2016 Ky. Acts ch. 94, sec. 3, effective July 15, 2016. -- Amended 2013 Ky. Acts ch. 69, sec. 17, effective June 25, 2013. -- Amended 2011 Ky. Acts ch.2, sec. 97, effective June 8, 2011. -- Amended 2008 Ky. Acts ch. 158, sec. 7, effective July 1, 2008. -- Amended 1996 Ky. Acts ch. 374, sec. 3, effective July 15, 1996. -- Created 1992 Ky. Acts ch. 325, sec. 1, effective July 14, 1992.

KRS 431.079 Petition or application seeking expungement to include certification of eligibility for expungement from Department of Kentucky State Police and Administrative Office of the Courts -- Administrative regulations -- Construction

431.079. Petition or application seeking expungement to include certification of eligibility for expungement from Department of Kentucky State Police and Administrative Office of the Courts -- Administrative regulations -- Construction (1) Every petition or application filed seeking expungement of a conviction shall include a certification of eligibility for expungement. The Department of Kentucky State Police and the Administrative Office of the Courts shall certify that the agencies have conducted a criminal background check on the petitioner and whether or not the petitioner is eligible to have the requested record expunged. The Department of Kentucky State Police shall promulgate administrative regulations to implement this section, in consultation with the Administrative Office of the Courts. (2) Nothing in this section shall be construed to prohibit the expungement of a case ordered by a court of competent jurisdiction. (3) For the purposes of this section, KRS 431.073, 431.076, and 431.078, "expungement" means the removal or deletion of records by the court and other agencies which prevents the matter from appearing on official state-performed background checks. Effective: June 27, 2019 History: Amended 2019 Ky. Acts ch. 188, sec. 3, effective June 27, 2019. -- Amended 2016 Ky. Acts ch. 94, sec. 4, effective July 15, 2016. -- Created 2013 Ky. Acts ch. 69, sec. 15, effective June 25, 2013. Legislative Research Commission Note (6/25/2013). Although 2013 Ky. Acts ch. 69, sec. 15, subsec. (2), defines expungement for the purposes of "this section and Sections 2 and 3 of this Act" (KRS 346.040 and 346.135), the references have been codified as "this section and KRS 431.076 and 431.078" (2013 Ky. Acts ch. 69, secs. 16 and 17) under the authority of KRS 7.136(1)(h), in order to correct a manifest typographical or clerical error that occurred when the provisions of House Bill 57/HCS were drafted as an amendment to Senate Bill 78, but the internal references were not changed to conform.

KRS 431.080 Conviction of felony does not bar civil remedy

431.080. Conviction of felony does not bar civil remedy The conviction of a felony shall not stay or merge any civil remedy of the person aggrieved against the felon. Effective: October 1, 1942 History: Recodified 1942 Ky. Acts ch. 208, sec. 1, effective October 1, 1942, from Ky. Stat. sec. 1127.

KRS 431.082 Civil action by victim against defendant -- Damages -- Construction

431.082. Civil action by victim against defendant -- Damages -- Construction (1) In the event of the conviction of a defendant for the violation of any offense proscribed by KRS Chapter 510 or 531 or any human trafficking offense proscribed by KRS Chapter 529, the person who was the victim of the offense may bring an action in damages against the defendant in the criminal case. (2) If the plaintiff prevails, he or she shall be entitled to attorney's fees and all other costs incurred in the bringing of the action, including but not limited to the services of expert witnesses, testing and counseling, medical and psychological treatment, and other expenses reasonably incurred as a result of the criminal act. (3) Any award of nominal damages shall support an award of attorneys fees and costs to the prevailing party. (4) Punitive damages as well as compensatory damages shall be awardable in cases brought under this section. (5) The provisions of this section shall not be construed as repealing any provision of KRS 431.080 or any other applicable statute or of any statutory or common law right of action but shall be construed as ancillary and supplemental thereto. Effective: June 25, 2013 History: Amended 2013 Ky. Acts ch. 25, sec. 22, effective June 25, 2013. -- Created 1998 Ky. Acts ch. 606, sec. 165, effective July 15, 1998.

KRS 431.090 Repealed, effective January 1, 1975

431.090. Repealed, effective January 1, 1975 Catchline at repeal: Limitation of prosecutions and of actions to recover penalties. History: Repealed 1974 Ky. Acts ch. 406, sec. 336, effective January 1, 1975. -- Recodified 1942 Ky. Acts ch. 208, sec. 1, effective October 1, 1942, from Ky. Stat. sec. 1138.

KRS 431.095 Process, execution on Sunday

431.095. Process, execution on Sunday Process on a charge of treason or felony, for a riot or breach of the peace, or upon an escape out of custody, may be executed on Sunday. History: Recompiled as KRS 431.095, 1962 Ky. Acts ch. 234, sec. 62. -- Recodified 1942 Ky. Acts ch. 208, sec. 1, effective October 1, 1942, from Ky. Stat. sec. 4567. Formerly codified as KRS 455.120.

KRS 431.100 Withholding of money payable by Commonwealth to defendant in satisfaction of money judgment in criminal proceeding -- Fines and forfeitures go to Commonwealth -- Disposition of fines from offenses relating to alcohol and to criminal littering -- Monetary penalties payable to person other than circuit clerk -- Notice to defendant required

431.100. Withholding of money payable by Commonwealth to defendant in satisfaction of money judgment in criminal proceeding -- Fines and forfeitures go to Commonwealth -- Disposition of fines from offenses relating to alcohol and to criminal littering -- Monetary penalties payable to person other than circuit clerk -- Notice to defendant required (1) When a money judgment is entered against a defendant in a criminal proceeding and each sum, or any part thereof, remains unpaid, there shall be withheld from any disbursement, payment, benefit, compensation, salary, or other transfer of money from the Commonwealth of Kentucky to such defendant an amount equal to the unpaid amount of the judgment. Under no circumstances shall the general fund be used to reimburse court costs or pay for judgment. (2) Except as provided in this section, all fines and forfeitures imposed by law or ordinance shall inure to and vest in the Commonwealth. (3) Fines and forfeitures imposed by law for violation of KRS 222.202 or ordinances relating to similar subject matter shall inure to and vest in the Commonwealth and shall be placed in a special fund in the State Treasury, which shall not lapse, and which, effective July 1, 1987, shall be used solely by the Cabinet for Health and Family Services for the provision of treatment and counseling programs for alcoholics. (4) Sixty percent (60%) of fines for violation of KRS 512.070, 433.753, and 433.757 shall, when collected, be transferred by the circuit clerk to the county treasurer for inclusion in the general fund of the county in which the offense occurs for the cleanup and abatement of litter and open dumps and forty percent (40%) shall be transferred to the agency that issued the citation. One hundred percent (100%) of any fines imposed for the violation of KRS 224.40-100(5) and 224.99-010(10) shall, when collected, be transferred to the treasurer of the county in which the violation occurred. (5) The court shall not order a fine, forfeiture, service fee, cost, or any other money due the Commonwealth or any other public officer paid to any person or organization other than one specifically required by the Kentucky Revised Statutes, nor shall a court suspend payment of a fine, forfeiture, service fee, cost, or any other money due the Commonwealth if the defendant makes a payment to another person or organization, unless so authorized by the court and the Kentucky Revised Statutes. (6) When, as authorized in the Kentucky Revised Statutes, a court does order a fine, forfeiture, service fee, cost, or any other monetary penalty to be paid to a person other than the circuit clerk, notice of this order will be served on the defendant and a copy of the order will be delivered to the person. Such an order constitutes a judgment of the court and carries with it all lawful means of enforcement and collection. Effective: June 29, 2021 History: Amended 2021 Ky. Acts ch. 137, sec. 5, effective June 29, 2021. -- Amended 2005 Ky. Acts ch. 99, sec. 649, effective June 20, 2005. -- Amended 2002 Ky. Acts ch. 183, sec. 25, effective August 1, 2002; and ch. 342, sec. 12, effective July 15, 2002. -- Amended 1998 Ky. Acts ch. 426, sec. 600, effective July 15, 1998. -- Amended 1996 Ky. Acts ch. 358, sec. 6, effective July 15, 1997. -- Amended 1992 Ky. Acts ch. 234, sec. 1, effective July 14, 1992; and ch. 463, sec. 64, effective July 14, 1992. -- Amended 1986 Ky. Acts ch. 336, sec. 8, effective July 1, 1986. -- Amended 1976 (1st Extra. Sess.) Ky. Acts ch. 14, sec. 438, effective January 2, 1978. -- Amended 1966 Ky. Acts ch. 255, sec. 283. -- Amended 1964 Ky. Acts ch. 125, sec. 34. -- Amended 1962 Ky. Acts ch. 234, sec. 42. -- Recodified 1942 Ky. Acts ch. 208, sec. 1, effective October 1, 1942, from Ky. Stat. sec. 1139. Legislative Research Commission Note (7/15/96). Under 1996 Ky. Acts ch. 358, sec. 67(1), the amendment of this statute by Section 6 of that Act becomes effective July 15, 1997. Legislative Research Commission Note (7/15/2002). This section was amended by 2002 Ky. Acts chs. 183 and 342. Where these Acts are not in conflict, they have been codified together. Where a conflict exists, Acts ch. 342, which was last enacted by the General Assembly, prevails under KRS 446.250.

KRS 431.102 Repealed, 2002

431.102. Repealed, 2002 Catchline at repeal: Service fee on certain misdemeanor convictions. History: Repealed 2002 Ky. Acts ch. 183, sec. 41, effective August 1, 2002. -- Created 1994 Ky. Acts ch. 396, sec. 16, effective July 15, 1994.

KRS 431.105 State to receive fines and forfeitures for certain height, width, length, and weight violations

431.105. State to receive fines and forfeitures for certain height, width, length, and weight violations Notwithstanding any other statutory provisions to the contrary, all fines and forfeitures recovered in any court as a result of a conviction for the violation of any of the provisions of KRS 189.221, 189.222(1), or 189.270, which violation occurred on a state-maintained highway and arrest was made by any peace officer other than a member of the Department of Kentucky State Police, Department of Highways, or Department of Vehicle Regulation, shall inure to the benefit of the state, shall be paid to the State Treasurer for the use and benefit of the Department of Highways, and no part shall be returned to the local governmental units from which they were sent. These fines and forfeitures shall be paid into the State Treasury by the court collecting same and within thirty (30) days after imposition and collection. Effective: June 25, 2009 History: Amended 2009 Ky. Acts ch. 75, sec. 21, effective June 25, 2009. -- Amended 2007 Ky. Acts ch. 85, sec. 310, effective June 26, 2007. -- Amended 1974 Ky. Acts ch. 74, Art. IV, sec. 20(1), 20(2); and ch. 74, Art. V, sec. 24(1). -- Amended 1962 Ky. Acts ch. 121, sec. 1. -- Created 1952 Ky. Acts ch. 148, sec. 1.

KRS 431.110 Repealed, effective January 2, 1978

431.110. Repealed, effective January 2, 1978 Catchline at repeal: Fines and forfeitures from county and quarterly courts returned to county. History: Repealed 1976 (1st Extra. Sess.) Ky. Acts ch. 14, sec. 491, effective January 2, 1978. -- Recodified 1942 Ky. Acts ch. 208, sec. 1, effective October 1, 1942, from Ky. Stat. sec. 1139a-1.

KRS 431.120 Person first suing entitled to certain fines and forfeitures

431.120. Person first suing entitled to certain fines and forfeitures The person who first, in good faith, brings an action for and recovers judgment shall be entitled to the penalty incurred by the defendant in all cases where a part or all of the fine or forfeiture is given by law to the person suing. No action or judgment to screen the offender from a penalty, or to prevent an action for the penalty in good faith by another person, shall be available against a prosecution carried on in good faith and without collusion with the defendant. Effective: October 1, 1942 History: Recodified 1942 Ky. Acts ch. 208, sec. 1, effective October 1, 1942, from Ky. Stat. sec. 1359.

KRS 431.130 Confinement in penitentiary, county jail or workhouse -- Nature

431.130. Confinement in penitentiary, county jail or workhouse -- Nature Prisoners sentenced to punishment by confinement in the penitentiary shall be kept at hard labor. If the punishment is imprisonment in the jail of the county, the imprisonment shall be close confinement in the jail of the county where the trial was held, unless otherwise provided. In any jurisdiction where there is a county workhouse the court may in its discretion confine the prisoner to the county workhouse instead of the county jail. History: Amended 1974 Ky. Acts ch. 406, sec. 315. -- Amended 1962 Ky. Acts ch. 234, sec. 43. -- Amended 1952 Ky. Acts ch. 43, sec. 2. -- Amended 1944 Ky. Acts ch. 17, sec. 1. -- Recodified 1942 Ky. Acts ch. 208, sec. 1, effective October 1, 1942, from Ky. Stat. sec. 1136.

KRS 431.140 Repealed, 1990

431.140. Repealed, 1990 Catchline at repeal: Option of working prisoner at community service related project or at hard labor. History: Repealed 1990 Ky. Acts ch. 459, sec. 4, effective July 13, 1990. -- Amended 1982 Ky. Acts ch. 428, sec. 1, effective July 15, 1982. -- Amended 1974 Ky. Acts ch. 406, sec. 316. -- Recodified 1942 Ky. Acts ch. 208, sec. 1, effective October 1, 1942, from Ky. Stat. secs. 1377, 1378.

KRS 431.150 Repealed, effective January 1, 1975

431.150. Repealed, effective January 1, 1975 Catchline at repeal: Defendant credited for time imprisoned during inability to secure bail. History: Repealed 1974 Ky. Acts ch. 406, sec. 336, effective January 1, 1975. -- Amended 1942 Ky. Acts ch. 165, secs. 1 and 2. -- Recodified 1942 Ky. Acts ch. 208, sec. 1, effective October 1, 1942, from Ky. Stat. sec. 1142a.

KRS 431.155 Repealed, effective January 1, 1975

431.155. Repealed, effective January 1, 1975 Catchline at repeal: Jail time prior to sentence to state institution to be credited against sentence -- How applied. History: Repealed 1974 Ky. Acts ch. 406, sec. 336, effective January 1, 1975. -- Created 1968 Ky. Acts ch. 137, sec. 1.

KRS 431.160 Repealed, effective January 1, 1975

431.160. Repealed, effective January 1, 1975 Catchline at repeal: Accessory before the fact -- How punishable. History: Repealed 1974 Ky. Acts ch. 406, sec. 336, effective January 1, 1975. -- Recodified 1942 Ky. Acts ch. 208, sec. 1, effective October 1, 1942, from Ky. Stat. sec. 1128.

KRS 431.170 Repealed, effective January 1, 1975

431.170. Repealed, effective January 1, 1975 Catchline at repeal: Accessory after the fact -- How punishable. History: Repealed 1974 Ky. Acts ch. 406, sec. 336, effective January 1, 1975. -- Recodified 1942 Ky. Acts ch. 208, sec. 1, effective October 1, 1942, from Ky. Stat. sec. 1129.

KRS 431.180 Repealed, effective January 1, 1975

431.180. Repealed, effective January 1, 1975 Catchline at repeal: Confession of judgment. History: Repealed 1974 Ky. Acts ch. 406, sec. 336, effective January 1, 1975. -- Recodified 1942 Ky. Acts ch. 208, sec. 1, effective October 1, 1942, from Ky. Stat. sec. 1363.

KRS 431.190 Repealed, effective January 1, 1975

431.190. Repealed, effective January 1, 1975 Catchline at repeal: Conviction of felony -- Punishment on second and third offenses. History: Repealed 1974 Ky. Acts ch. 406, sec. 336, effective January 1, 1975. -- Recodified 1942 Ky. Acts ch. 208, sec. 1, effective October 1, 1942, from Ky. Stat. sec. 1130.

KRS 431.200 Reparation for property stolen or damaged, from person convicted

431.200. Reparation for property stolen or damaged, from person convicted Any person convicted of a misdemeanor or felony for taking, injuring or destroying property shall restore the property or make reparation in damages if not ordered as a condition of probation. The court in which the conviction is had, if applied to by verified petition made within ninety (90) days of the date the sentence was pronounced, may order restitution or give judgment against the defendant for reparation in damages, and enforce collection by execution or other process. In a petition for restitution or reparation, the court shall cause the defendant, if in custody, to be brought into court, and demand of him if he has any defense to make to the petition. If he consents to the restitution or to reparation in damages in an agreed sum, the court shall give judgment accordingly. Otherwise a jury shall be impaneled to try the facts and ascertain the amount and the value of the property, or assess the damage, as the case may be. A failure to pursue this remedy shall not deprive the person aggrieved of his civil action for the injury sustained. Effective: July 15, 1980 History: Amended 1980 Ky. Acts ch. 162, sec. 1, effective July 15, 1980. -- Amended 1976 (1st Extra. Sess.) ch. 14, sec. 439, effective January 2, 1978. -- Recodified 1942 Ky. Acts ch. 208, sec. 1, effective October 1, 1942, from Ky. Stat. secs. 1132, 1135.

KRS 431.210 Return of property stolen if accused does not appear

431.210. Return of property stolen if accused does not appear If any person indicted for stealing property, or for having stolen property in his possession, breaks jail, forfeits his recognizance, or otherwise fails to appear for trial at the proper time, the person claiming the property may make a motion in the court in which the indictment is pending for the return of the property to him. The claim shall be supported by the affidavit of the person claiming the property. The motion shall be continued for thirty (30) days before final action is taken. A notice of the motion, served upon the attorney for the Commonwealth, shall be taken as a notice served upon the person named in the indictment, and shall give the court jurisdiction of the matter. The attorney for the Commonwealth shall defend the motion. A jury shall try the facts, and if it finds in its verdict that the claimant is entitled to the possession of the property, the court shall enter judgment accordingly. The court may enforce the judgment by rule, attachment and imprisonment as in cases of contempt. The costs of the proceedings shall be paid by the claimant, for which he may have judgment and execution against the person stealing the property. Effective: January 2, 1978 History: Amended 1976 (1st Extra. Sess.) Ky. Acts ch. 14, sec. 440, effective January 2, 1978. -- Recodified 1942 Ky. Acts ch. 208, sec. 1, effective October 1, 1942, from Ky. Stat. secs. 1133, 1134.

KRS 431.213 Definitions for KRS 431.213, 431.2135, and 431.240

431.213. Definitions for KRS 431.213, 431.2135, and 431.240 As used in KRS 431.2135 and 431.240: (1) "Condemned person" means a person for whom a specific day of execution is fixed by a mandate from the Kentucky Supreme Court or a warrant signed by the Governor. (2) "Insane" means the condemned person does not have the ability to understand: (a) That the person is about to be executed; and (b) Why the person is to be executed. Effective: July 15, 1998 History: Created 1998 Ky. Acts ch. 606, sec. 156, effective July 15, 1998.

KRS 431.215 Conveyance of prisoner to institution of confinement

431.215. Conveyance of prisoner to institution of confinement (1) If the judgment imposes a sentence of death or confinement in the penitentiary, county jail or other institution, two (2) certified copies thereof shall be furnished forthwith to the sheriff who shall execute the same by delivering the defendant and a certified copy of the judgment to the person in charge of the penitentiary, jail or institution of confinement and making a written return thereof in the office of the circuit clerk within ten (10) days after the execution. (2) When the judgment imposes a sentence of death or confinement in the penitentiary, the county in which the prisoner is incarcerated shall receive from the State Treasury a fee per day beginning on the day on which judgment was rendered and ending the day that the defendant is delivered to the penitentiary. The fee shall be paid to the county treasurer for use for the incarceration of prisoners as provided in KRS 441.025. Effective: July 15, 2014 History: Amended 2014 Ky. Acts ch. 94, sec. 1, effective July 15, 2014. -- Amended 1986 Ky. Acts ch. 382, sec. 2, effective July 15, 1986. -- Amended 1984 Ky. Acts ch. 415, sec. 11, effective July 13, 1984. -- Amended 1976 (1st Extra. Sess.) Ky. Acts ch. 14, sec. 441, effective January 2, 1978. -- Reenacted 1962 Ky. Acts ch. 234, sec. 44. -- Recodified 1942 Ky. Acts ch. 208, sec. 1, effective October 1, 1942, from Ky. Stat. sec. 1137-2. Formerly codified as KRS 431.230.

KRS 431.216 Repealed, effective January 1, 1975

431.216. Repealed, effective January 1, 1975 Catchline at repeal: Commitment of person convicted of felony. History: Repealed 1974 Ky. Acts ch. 406, sec. 336, effective January 1, 1975. -- Created 1970 Ky. Acts ch. 91, sec. 1.

KRS 431.218 Date of execution of condemned -- Copy of mandate to proper officer

431.218. Date of execution of condemned -- Copy of mandate to proper officer When a judgment sentencing the defendant to death has been affirmed, the mandate shall fix the day of the execution as the fifth Friday following the date of the mandate of the court. The clerk of the Supreme Court shall transmit either by special messenger or by certified mail, return receipt requested, a certified copy of the mandate to the proper officer which shall be the authority of such officer to carry the mandate into effect. The officer receiving the copy shall report his action both to the governor and to the circuit court. If from any cause the execution does not take place on the day appointed in the mandate, the governor may from time to time appoint another day for execution until the sentence is carried into effect. Effective: July 15, 1980 History: Amended 1980 Ky. Acts ch. 114, sec. 105, effective July 15, 1980. -- Amended 1976 Ky. Acts ch. 62, sec. 126. -- Amended 1974 Ky. Acts ch. 315, sec. 86. -- Created 1962 Ky. Acts ch. 234, sec. 45.

KRS 431.220 Execution of death sentence

431.220. Execution of death sentence (1) (a) Except as provided in paragraph (b) of this subsection, every death sentence shall be executed by continuous intravenous injection of a substance or combination of substances sufficient to cause death. The lethal injection shall continue until the prisoner is dead. (b) Prisoners who receive a death sentence prior to March 31, 1998, shall choose the method of execution described in paragraph (a) of this subsection or the method of execution known as electrocution, which shall consist of passing through the prisoner's body a current of electricity of sufficient intensity to cause death as quickly as possible. The application of the current shall continue until the prisoner is dead. If the prisoner refuses to make a choice at least twenty (20) days before the scheduled execution, the method shall be by lethal injection. (2) All executions of the death penalty by electrocution or lethal injection shall take place within the confines of the state penal institution designated by the Department of Corrections, and in an enclosure that will exclude public view thereof. (3) No physician shall be involved in the conduct of an execution except to certify cause of death provided that the condemned is declared dead by another person. Effective: March 31, 1998 History: Amended 1998 Ky. Acts ch. 220, sec. 1, effective March 31, 1998. -- Amended 1992 Ky. Acts ch. 211, sec. 84, effective July 14, 1992. -- Amended 1986 Ky. Acts ch. 331, sec. 51, effective July 15, 1986. -- Amended 1974 Ky. Acts ch. 74, Art. V, sec. 2. -- Recodified 1942 Ky. Acts ch. 208, sec. 1, effective October 1, 1942, from Ky. Stat. sec. 1137-1

KRS 431.223 Method of execution in event of unconstitutionality of KRS 431.220

431.223. Method of execution in event of unconstitutionality of KRS 431.220 If a court holds KRS 431.220 unconstitutional, the prisoner shall be executed in the manner provided by KRS 431.220 as that statute read before March 31, 1998. Effective: March 31, 1998 History: Created 1998 Ky. Acts ch. 220, sec. 4, effective March 31, 1998.

KRS 431.224 Retroactive applicability

431.224. Retroactive applicability KRS 431.220, 431.223, 431.240, and 431.250 shall apply retroactively to all prisoners sentenced to death before March 31, 1998. Effective: March 31, 1998 History: Created 1998 Ky. Acts ch. 220, sec. 5, effective March 31, 1998.

KRS 431.240 Time of execution -- Governor to fix time in case of insanity, pregnancy, or escape -- Administrative hearings -- Transfer to forensic psychiatric facility in case of insanity

431.240. Time of execution -- Governor to fix time in case of insanity, pregnancy, or escape -- Administrative hearings -- Transfer to forensic psychiatric facility in case of insanity (1) Unless the execution is stayed for any cause, the warden of the institution or his deputy shall proceed, on the day named in the judgment of conviction, a governor's warrant, or an order of the court, to cause the condemned person to be executed. The execution shall take place at a time designated by the warden of the institution where the execution is to take place on the day designated in the judgment of conviction, the governor's warrant, or an order of the court. (2) If the condemned person is insane, as defined in KRS 431.213 or pregnant with child on the day designated for the execution, the execution shall be suspended until the condemned is restored to sanity or is delivered of child. The execution shall then take place under the warrant of the Governor and at the time designated by him, unless stayed by due process of law. If execution is suspended on the ground of insanity, the commissioner of the Department of Corrections shall transfer the condemned person to the Kentucky Correctional Psychiatric Center until the time he is restored to sanity. Any administrative hearings authorized under authority of this section shall be conducted in accordance with KRS Chapter 13B. (3) If the condemned person escapes from custody and is recaptured after the expiration of the date fixed for the execution, the Governor, upon receiving written notice of the recapture from the warden of the institution, shall send his warrant of execution to the warden by special messenger and shall name therein the day of execution. The warden shall then proceed to the execution thereof according to the provisions of KRS 431.215 to 431.270. (4) When a judgment of death has not been executed on the day appointed therefor by the court, from any cause, the Governor, by a warrant under his hand and the seal of the Commonwealth, shall fix the day of the execution, which warrant shall be obeyed by the warden of the institution. Effective: July 15, 1998 History: Amended 1998 Ky. Acts ch. 220, sec. 2, effective March 31, 1998; and ch. 606, sec. 157, effective July 15, 1998. -- Amended 1996 Ky. Acts ch. 318, sec. 356, effective July 15, 1996. -- Amended 1992 Ky. Acts ch. 211, sec. 85, effective July 14, 1992. -- Amended 1986 Ky. Acts ch. 331, sec. 52, effective July 15, 1986. -- Amended 1980 Ky. Acts ch. 295, sec. 91, effective July 15, 1980. -- Amended 1976 Ky. Acts ch. 332, sec. 30. -- Amended 1962 Ky. Acts ch. 234, sec. 46. -- Amended 1944 Ky. Acts ch. 145, sec. 1. -- Recodified 1942 Ky. Acts ch. 208, sec. 1, effective October 1, 1942, from Ky. Stat. secs. 1137-3, 1137-7, 1137-8. Legislative Research Commission Note (7/15/98). This section was amended by 1998 Ky. Acts chs. 220 and 606 which do not appear to be in conflict and have been codified together.

KRS 431.250 Persons who may attend executions

431.250. Persons who may attend executions The following persons, and no others, may attend an execution: The executioner and the warden of the institution and his deputy or deputies and guards; the sheriff of the county in which the condemned was convicted; the commissioner of the Department of Corrections and representatives of the Department of Corrections designated by him; the physician and chaplain of the institution; a clergyman and three (3) other persons selected by the condemned; three (3) members of the victim's family designated by the commissioner from among the victim's spouse, adult children, parents, siblings, and grandparents; and nine (9) representatives of the news media as follows: one (1) representative from the daily newspaper with the largest circulation in the county where the execution will be conducted, one (1) representative from Associated Press Wire Service, one (1) representative from Kentucky Network, Inc., three (3) representatives for radio and television media within the state, and three (3) representatives for newspapers within the state. Use of audiovisual equipment by the representatives is prohibited during the execution. The Department of Corrections shall issue administrative regulations which govern media representation during the execution. Effective: March 31, 1998 History: Amended 1998 Ky. Acts ch. 220, sec. 3, effective March 31, 1998. -- Amended 1992 Ky. Acts ch. 211, sec. 86, effective July 14, 1992. -- Amended 1986 Ky. Acts ch. 156, sec. 1, effective July 15, 1986. -- Amended 1974 Ky. Acts ch. 74, Art. V, sec. 2. -- Recodified 1942 Ky. Acts ch. 208, sec. 1, effective October 1, 1942, from Ky. Stat. sec. 1137-4.

KRS 431.260 Warden's return on judgment

431.260. Warden's return on judgment The warden of the penitentiary shall make due return, on the copy of the judgment of the court pronouncing the death sentence, of the manner, time and place of its execution by him. The return shall be filed by the clerk of the court in the papers of the case in his office. Effective: October 1, 1942 History: Recodified 1942 Ky. Acts ch. 208, sec. 1, effective October 1, 1942, from Ky. Stat. sec. 1137-5.

KRS 431.270 Delivery or burial of body

431.270. Delivery or burial of body The body of the condemned shall be delivered to any friend or relative making request for it. The expense for the return of the body to its home, not to exceed thirty dollars ($30), shall be paid out of the appropriations to the Department of Corrections. If no request is made, the body shall be buried, and the cost of the burial, not to exceed thirty dollars ($30), shall be paid out of the appropriations to the Department of Corrections. Effective: July 14, 1992 History: Amended 1992 Ky. Acts ch. 211, sec. 87, effective July 14, 1992. -- Amended 1974 Ky. Acts ch. 74, Art. V, sec. 2. -- Recodified 1942 Ky. Acts ch. 208, sec. 1, effective October 1, 1942, from Ky. Stat. sec. 1137-6.

KRS 431.350 Repealed, 1980

431.350. Repealed, 1980 Catchline at repeal: Consumer reporting agency records restriction -- Penalty. History: Repealed 1980.Ky. Acts ch. 49, sec. 22, effective July 15, 1980. -- Created 1974 Ky. Acts ch. 119, sec. 1.

KRS 431.400 Summons to issue in case of accidental homicide by motor vehicle

431.400. Summons to issue in case of accidental homicide by motor vehicle In the case of accidental homicide by motor vehicle, when no arrest is made at the scene of the accident and a complaint is later filed against the driver, the court shall not issue a warrant for the arrest of the driver unless there is reason to believe that the driver will flee to avoid a summons or unless circumstances within the discretion of the court require the issuance of a warrant. Instead of a warrant, a summons shall be issued and served upon the driver to have him appear for arraignment and plea at a certain time. History: Created 1976 Ky. Acts ch. 373, sec. 1.

KRS 431.410 When issuance of summons is mandatory

431.410. When issuance of summons is mandatory The issuance of a summons rather than an arrest warrant shall be mandatory for all offenses, except for violations of KRS 189.290, 189.393, 189.520, 189.580, 511.080 or 525.070, which are deemed violations as defined in KRS 532.020(4) and traffic infractions for which a fine only can be imposed unless the judicial officer finds that: (1) The defendant previously has failed to respond to a citation or summons for an offense; or (2) He has no ties to the community and there is a substantial likelihood that he will refuse to respond to a summons; or (3) The whereabouts of the defendant are unknown and the issuance of an arrest warrant is necessary in order to subject him to the jurisdiction of the court; or (4) Where arrest is necessary to prevent imminent bodily harm to the accused or to another; or (5) For any other good and compelling reason as determined by the judicial officer. Effective: July 15, 1980 History: Amended 1980 Ky. Acts ch. 309, sec. 4, effective July 15, 1980. -- Amended 1978 Ky. Acts ch. 249, sec. 1, effective June 17, 1978. -- Created 1976 Ky. Acts ch. 373, sec. 2.

KRS 431.420 City police to serve warrant, when

431.420. City police to serve warrant, when Any warrant issued by District Court for an offense committed within a city shall be served by the police department of that city if the warrant is to be served within the city limits. Effective: June 17, 1978 History: Created 1978 Ky. Acts ch. 249, sec. 2, effective June 17, 1978.

KRS 431.450 Uniform citation

431.450. Uniform citation (1) The Department of Kentucky State Police in consultation with the Transportation Cabinet shall design, print, and distribute to all law enforcement agencies in the Commonwealth a uniform citation. (2) The citation shall: (a) Be approved by the Supreme Court; (b) Consist of an original document and five (5) copies; (c) Be serially numbered in such a manner that the year of issue and the individual citation number may be readily ascertained; and (d) Contain such other information as may be required by the Supreme Court. (3) The Circuit Court clerk shall maintain a system of accountability for all citations issued in accordance with rules and regulations issued by the Supreme Court to assure that citations are not wrongfully destroyed, tampered with, or otherwise compromised in any manner. (4) All peace officers in the Commonwealth shall use the uniform citation for all violations of the traffic laws and for all felonies, misdemeanors, and violations. Effective: June 26, 2007 History: Amended 2007 Ky. Acts ch. 85, sec. 311, effective June 26, 2007. -- Amended 1986 Ky. Acts ch. 389, sec. 28, effective July 15, 1986. -- Amended 1978 Ky. Acts ch. 26, sec. 2, effective March 3, 1978. -- Created 1976 (1st Extra. Sess.) Ky. Acts ch. 36, sec. 3. Legislative Research Commission Note. Acts 1986, ch. 389, § 29(1) specifies that use of the uniform citation shall be implemented no later than January 1, 1987; § 31, however, provides that it may be implemented at any time prior to that date.

KRS 431.451 Repealed, 2000

431.451. Repealed, 2000 Catchline at repeal: Delineation of offenses for which fines may and may not be prepaid. History: Repealed 2000 Ky. Acts ch. 512, sec. 14, effective July 14, 2000. -- Amended 1990 Ky. Acts ch. 207, sec. 2, effective July 13, 1990; and ch. 455, sec. 35, effective July 13, 1990; and ch. 474, sec. 10, effective July 13, 1990. -- Amended 1988 Ky. Acts ch. 72, sec. 2, effective July 15, 1988; and ch. 347, sec. 3, effective April 10, 1988; and ch. 365, sec. 19, effective July 15, 1988. -- Amended 1986 Ky. Acts ch. 336, sec. 7, effective July 1, 1986. -- Amended 1980 Ky. Acts ch. 188, sec. 299, effective July 15, 1980. -- Created 1978 Ky. Acts ch. 26, sec. 3, effective March 3, 1978.

KRS 431.452 Prepayment of fines subject to certain conditions

431.452. Prepayment of fines subject to certain conditions (1) An offense which is designated as subject to prepayment by specific statutory designation may be prepaid by the violator subject to the terms and conditions of the statute involved. (2) When an offense that is not designated as subject to prepayment by specific statutory designation is cited on the same citation with another offense that is subject to prepayment, the officer shall cite the violator to court for all cited offenses. However, if the offense for which prepayment is not allowed is dismissed by the judge prior to the court date listed on the citation, the offense subject to prepayment by specific statutory designation may be prepaid by the violator, and the violator shall not be required to appear in court. (3) An offense which is designated as subject to prepayment is subject to the following conditions: (a) Designation as subject to prepayment does not preclude a physical arrest by a peace officer for that offense; (b) Designation as subject to prepayment shall preclude a requirement that the defendant make a court appearance on a uniform citation; (c) Except as provided for in KRS 189.990(26), for any offense designated as subject to prepayment, the defendant may elect to pay the minimum fine for the offense plus court costs to the circuit clerk before the date of his trial or be tried in the normal manner, unless the citation is marked for mandatory court appearance pursuant to KRS 431.015 or subsection (2) of this section, except that the fine for violations of KRS 189.221, 189.222, 189.226, or 189.270 shall be in accordance with KRS 189.990(2)(a) and the defendant shall not be allowed to pay the minimum fine as otherwise allowed by this paragraph; and (d) Prepayment of the fine and costs shown on the citation or accompanying schedule shall be considered as a plea of guilty for all purposes. (4) When a peace officer issues a uniform citation and no physical arrest is made he or she shall, where the citation is designated as subject to prepayment, mark the citation as "PAYABLE", except as provided in KRS 431.015 or subsection (2) of this section. (5) The Administrative Office of the Courts, after consultation with the Department of Kentucky State Police, the Transportation Cabinet, the Division of Forestry, the Department of Fish and Wildlife Resources, and a representative of law enforcement shall develop a prepayable fine and cost schedule and a uniform statewide instruction sheet for the Commonwealth. Effective: July 15, 2026 History: Amended 2026 Ky. Acts ch. 135, sec. 27, effective July 15, 2026. -- Amended 2008 Ky. Acts ch. 108, sec. 4, effective July 15, 2008. -- Amended 2007 Ky. Acts ch. 85, sec. 313, effective June 26, 2007. -- Amended 2006 Ky. Acts ch. 180, sec. 11, effective July 12, 2006. -- Amended 2000 Ky. Acts ch. 512, sec. 11, effective July 14, 2000. -- Created 1978 Ky. Acts ch. 26, sec. 5, effective March 3, 1978. Legislative Research Commission Note (7/12/2006). 2005 Ky. Acts ch. 95, relating to the creation and organization of the Commerce Cabinet, instructs the Reviser of Statutes to correct statutory references to agencies and officers whose names have been changed in that Act. Such a correction has been made in this section.

KRS 431.455 Prohibitions -- Penalty

431.455. Prohibitions -- Penalty (1) No peace officer or other person shall invalidate, or attempt to invalidate, destroy or attempt to destroy a record copy of a uniform citation which has been lawfully issued. (2) No peace officer or other person to whom uniform citations are distributed, prior to issuance to a violator, shall fail to properly account for uniform citations issued to him or to his agency as required by KRS 431.450 and the regulations issued thereunder. (3) No person required to file reports pursuant to KRS 431.450 and the regulations issued thereunder shall fail to file the reports within the time limits specified. (4) Any peace officer or other person who violates the provisions of this section shall be guilty of a Class B misdemeanor. Effective: March 3, 1978 History: Amended 1978 Ky. Acts ch. 26, sec. 4, effective March 3, 1978. -- Created 1976 (1st Extra. Session.) Ky. Acts ch. 36, sec. 4, effective January 2, 1978.

KRS 431.510 Bail bondsman and charitable bail organization -- Prohibitions

431.510. Bail bondsman and charitable bail organization -- Prohibitions (1) As used in this section: (a) 1. "Bail bondsman" means any person, partnership, or corporation engaged for profit in the business of: a. Furnishing bail, making bonds, or ente ring into undertakings, as surety, for the appearance of persons charged with any criminal offense or violation of law or ordinance punishable by fine, imprisonment, or death, before any of the courts of this state; or b. Securing the payment of fines impo sed and of costs assessed by those courts upon final disposition thereof. 2. The business of a bail bondsman is limited to the acts, transactions, and undertakings described in this paragraph and to no other; and (b) "Charitable bail organization" means an organization, including but not limited to an organization exempt under Section 501(c)(3) of the Internal Revenue Code, that solicits or accepts donations from the public for the purpose of: 1. Furnishing bail, making bonds, or entering into undertakings, as surety, whether through direct payment or by payment through a third party, for the appearance of persons charged with any criminal offense or violation of law or ordinance punishable by fine , imprisonment, or death before any of the courts of this state; or 2. Securing the payment of fines imposed and of costs assessed by any of the courts of this state upon final disposition thereof. (2) It shall be unlawful for any person to engage in the business of bail bondsman or to otherwise for compensation or other consideration: (a) Furnish bail or funds or property to serve as bail; or (b) Make bonds or enter into undertakings as surety; for the appearance of persons charged with any criminal offe nse or violation of law or ordinance punishable by fine, imprisonment, or death, before any of the courts of this state, or to secure the payment of fines imposed and of costs assessed by such courts upon a final disposition. (3) It shall be unlawful for any charitable bail organization to: (a) Furnish bail or funds or property to serve as bail in an amount of five thousand dollars ($5,000) or more; or (b) Make bonds or enter into undertakings as surety in an amount of five thousand dollars ($5,000) or more ; for the appearance of persons charged with any criminal offense or violation of law or ordinance punishable by fine or imprisonment before any of the courts of this state, or to secure the payment of fines imposed and of costs assessed by those courts upon a final disposition. (4) Notwithstanding subsection (3) of this section, it shall be unlawful for any charitable bail organization to furnish bail or funds or property to serve as bail, or to make bonds or enter into undertakings as surety, regardless of amount, for any person: (a) Alleged to have committed an offense: 1. Of domestic violence and abuse as defined in KRS 403.720; 2. Of dating violence and abuse as defined in KRS 456.010; or 3. That would classify the person as a violent offender under KRS 439.3401; (b) Held under a civil court order or warrant issued under KRS 222.430 to 222.437; or (c) Who has previously received bail or funds or property to serve as bail from a charitable bail organization. (5) Any person who posts bail or bond on behalf of any organization under this section shall provide a photo identification. (6) A charitable bail organization shall maintain and annually report the following information to the Legislative Research Commission for referral to the Interim Joint Committee on Judiciary no later than October 31 of each year, and shall make publicly available on the organization's website, or by publishing in a newspaper of general circulation that complies with the requirements of KRS 424.120 if the organization does not maintain a website: (a) The expenditures of the organization, including a separate reporting of the amount furnished for bail, or funds or property to serve as bail; and (b) The number of individuals and classification of offenses for those individuals for which any bail, or funds or property to serve as bail, has been provided. (7) Any bond posted by a charitable organization under this section that is ordered forfeited as a result of the commission of a new criminal offense shall be distributed to the victim of the new criminal offense, if a victim is identified. (8) Nothing contained in this section shall serve to release any bail bondsman previously licensed by this state from the obligation of undischarged bail bond liability existing on June 19, 1976. (9) KRS 431.510 to 431.550 shall not be construed to limit or repeal KRS 431.021 or to prevent licensed insurers providing security required by Subtitle 39 of KRS Chapter 304 and nonprofit associations from posting or causing to be posted by licensed insurers security or acting as surety for their insureds or members for an offense arising from the operation of a motor vehicle, provided that such posting of security or acting as surety is merely incidental to the terms and conditions of an insurance contract or a membership agreement and provided further that no separate premium or charge therefor is required from the insureds or members. Effective: July 15, 2024 History: Amended 2024 Ky. Acts ch. 174, sec. 24, effective July 15, 2024. -- Amended 2004 Ky. Acts ch. 24, sec. 47, effective July 13, 2004. -- Created 1976 Ky. Acts ch. 2, sec. 1.

KRS 431.515 Pretrial release investigation and services -- Provision of information on services and programs for combat veterans

431.515. Pretrial release investigation and services -- Provision of information on services and programs for combat veterans (1) All trial courts in this Commonwealth having jurisdiction of criminal causes shall provide such pretrial release investigation and services as necessary to effectuate the purposes of KRS 431.510 to 431.550, including KRS 431.518, and, where practical, to assist in the earliest possible determination of: (a) Whether a person is a needy person under KRS Chapter 31; and (b) Whether a person has been in combat by asking the question, "Have you served in the National Guard or the United States Armed Forces and been in combat?" during the pretrial release investigation. (2) The Supreme Court may by appropriate rule or order establish and provide for such pretrial investigation and release services including, where practical, the taking of financial statements, and the court's determination of whether a person is a needy person as provided in KRS 31.120. (3) Pretrial officers shall give contact information on the Kentucky National Guard Family Services Program within the Kentucky Department of Military Affairs or similar programs which provide a full range of services for combat veterans to any person who states that he or she has been in combat, including an opportunity to call the program during the interview. Effective: July 15, 2010 History: Amended 2010 Ky. Acts ch. 145, sec. 1, effective July 15, 2010. -- Amended 2009 Ky. Acts ch. 96, sec. 2, effective March 24, 2009. -- Amended 1978 Ky. Acts ch. 27, sec. 1, effective June 17, 1978. -- Amended 1976 (1st Extra. Sess.) Ky. Acts ch. 24, sec. 5. -- Created 1976 Ky. Acts ch. 2, sec. 2.

KRS 431.517 Authorization for home incarceration as a form of pretrial release -- Court ordered participation of global positioning monitoring system -- Costs

431.517. Authorization for home incarceration as a form of pretrial release -- Court ordered participation of global positioning monitoring system -- Costs (1) Except as provided in this section, home incarceration may be ordered as a form of pretrial release, subject to the conditions imposed by the provisions of KRS 532.200 to 532.250. (2) No defendant charged with an offense under KRS Chapter 507 may be released on home incarceration unless the court makes a finding that the defendant would not pose a threat to society. (3) A court ordering home incarceration as a form of pretrial release pursuant to this section may order the defendant to participate in a global positioning monitoring system program during all or part of the time of pretrial release through the use of a county-operated program pursuant to KRS 67.372 and 67.374 and not a program operated by the Department of Corrections pursuant to KRS 532.210 to 532.250. (4) A court ordering global positioning monitoring system program participation for a defendant pursuant to this section shall: (a) Require the defendant to pay all or the part of the monitoring costs based on the sliding scale adopted by the Supreme Court of Kentucky as specified in KRS 403.761 and administrative costs for participating in the system; (b) Provide the monitoring system with a written or electronic copy of the conditions of release; and (c) Provide the monitoring system with a contact at the office of the circuit clerk, Commonwealth's attorney, or county attorney, as appropriate, or pretrial release services for reporting violations of the monitoring order. (5) A person, county, or other organization may voluntarily agree to pay all or a portion of a defendant's monitoring costs specified in KRS 403.761. Effective: July 14, 2018 History: Amended 2018 Ky. Acts ch. 115, sec. 9, effective July 14, 2018. -- Amended 2010 Ky. Acts ch. 170, sec. 11, effective July 15, 2010. -- Created 1996 Ky. Acts ch. 45, sec. 1, effective July 15, 1996. Legislative Research Commission Note (7/14/2018). Pursuant to 2018 Ky. Acts ch. 115, sec. 12, that Act shall be known as the Women's Dignity in the Justice System Act. This statute was amended in Section 9 of that Act.

KRS 431.518 Pretrial release of felony drug offender or felony offender with a history of substance abuse -- Conditions

431.518. Pretrial release of felony drug offender or felony offender with a history of substance abuse -- Conditions When considering the pretrial release of a person charged with a felony offense under KRS Chapter 218A or a person charged with a felony offense whose criminal record indicates a history of recent and relevant substance abuse, the court considering the release shall cause the court's pretrial release investigation and services office to have the person screened for recent and relevant substance abuse risk factors. A person's refusal to participate in the screening shall not disqualify the person from being granted pretrial release. If this screening indicates the presence of recent and relevant substance abuse risk factors, the court may order as a condition of pretrial release that the person: (1) Undertake any testing ordered by the court under KRS 431.520 or 431.525; (2) Participate in an additional assessment of the person's condition; (3) Participate in a secular or faith-based treatment or recovery program if one (1) is identified as appropriate to the person as a result of the person's initial assessment or an additional assessment performed under subsection (2) of this section; (4) Appear at any subsequent hearing ordered by the court where the person's conditions of pretrial release may be reviewed and modified as the result of any testing performed under subsection (1) of this section, any additional assessment performed under subsection (2) of this section, any additional assessment of the defendant performed by a qualified mental health professional which the defendant may offer for the court's consideration, or the person's compliance with any treatment or recovery plan ordered by the court under subsection (3) of this section; and (5) Participate in a global positioning monitoring system program operated by a county pursuant to KRS 67.372 and 67.374 under the same terms and conditions as provided in KRS 431.517, during all or part of the person's period of release pursuant to this section. Effective: July 15, 2010 History: Amended 2010 Ky. Acts ch. 170, sec. 12, effective July 15, 2010. -- Created 2009 Ky. Acts ch. 96, sec. 3, effective March 24, 2009.

KRS 431.520 Release on personal recognizance or unsecured bail bond -- Conditions of release

431.520. Release on personal recognizance or unsecured bail bond -- Conditions of release Any person charged with an offense shall be ordered released by a court of competent jurisdiction pending trial on his personal recognizance or upon the execution of an unsecured bail bond in an amount set by the court or as fixed by the Supreme Court as provided by KRS 431.540, unless the court determines in the exercise of its discretion that such a release will not reasonably assure the appearance of the person as required, or the court determines the person is a flight risk or a danger to others. When such a determination is made, the court shall, either in lieu of or in addition to the above methods of release, impose any of the following conditions of release: (1) Place the person in the custody of a designated person or organization agreeing to supervise him; (2) Place restrictions on the travel, association, or place of abode of the person during the period of release; (3) Require the execution of a bail bond: (a) With sufficient personal surety or sureties acceptable to the court; in determining the sufficiency of such surety or sureties, the court shall consider his character, his place of residence, his relationship with the defendant, and his financial and employment circumstances; or (b) With the ten percent (10%) deposit as provided in KRS 431.530; provided that if the defendant is permitted to earn credit toward bail pursuant to KRS 431.066, that credit shall be applied to the ten percent (10%) deposit; or (c) With the deposit of cash equal to the amount of the bond or in lieu thereof acceptable security as provided in KRS 431.535; (4) If the person's record indicates a history of controlled substance or alcohol abuse: (a) Order the person to submit to periodic testing for use of controlled substances or alcohol and pay a reasonable fee, not to exceed the actual cost of the test and analysis, as determined by the court with the fee to be collected by the circuit clerk, held in an agency account, and disbursed, on court order, solely to the agency or agencies responsible for testing and analysis as compensation for the cost of the testing and analysis performed under this subsection. If the person is declared indigent, the testing fee may be waived by the court. The Administrative Office of the Courts shall establish pilot projects to implement the provisions of this subsection; or (b) Order the person to use an alcohol monitoring device, as defined in KRS 431.068. All costs associated with the device, including administrative and operating costs, shall be paid by the defendant. If the court determines that the defendant is indigent, and a person, county, or other organization has not agreed to pay the costs for the defendant in an attempt to reduce incarceration expenses and increase public safety, the court shall consider other conditions of release provided for in this section; (5) (a) During all or part of a person's period of release pursuant to this section, order the person to participate in a global positioning monitoring system program operated by a county pursuant to KRS 67.372 and 67.374 under the same terms and conditions provided under KRS 431.517. (b) If the person is charged with a sex crime as defined in KRS 17.500, consider requiring that he or she be monitored electronically, and shall consider requiring the person be subject to home incarceration; (6) Impose any other condition deemed reasonably necessary to assure appearance as required, including a condition requiring that the person return to custody after specified hours; (7) A court authorizing the release of a person pursuant to this section shall cause the issuance of an appropriate order containing a statement of the conditions imposed, if any, shall cause such person to be informed of the penalties applicable to violations of the conditions of his release, and shall cause him to be informed that a warrant for his arrest will be issued immediately upon any such violation; (8) A person for whom conditions of release are imposed and who after twenty-four (24) hours from the time of the imposition of said conditions continues to be detained as a result of his inability to meet the conditions of release shall, upon written application or upon the court's own motion, be entitled to have the conditions reviewed by the court which imposed them. A person who is ordered released on a condition which requires that he return to custody after specified hours shall, upon written application or upon the court's own motion, be entitled to a review by the court which imposed the condition; or (9) If at any time following release of a defendant and before he is required to appear for trial, the court is advised of a material change in the defendant's circumstances or that he has not complied with all conditions imposed upon his release, the court having jurisdiction may: (a) Order the arrest of the defendant; (b) Enter an order requiring the defendant, his surety or sureties to appear and show cause why the bail bond should not be forfeited or the conditions of his release be changed; or (c) Both. A copy of said order shall be served upon the defendant, his surety or sureties. If the defendant fails to appear before the court as ordered or if, after hearing, the court finds the conditions of release have not been complied with, the court may change the conditions imposed or forfeit the bail bond or any portion thereof and enter a judgment for the Commonwealth against the defendant and his surety or sureties for the amount of the bail bond or any portion thereof and cost of the proceedings. Effective: July 15, 2014 History: Amended 2014 Ky. Acts ch. 141, sec. 2, effective July 15, 2014. -- Amended 2012 Ky. Acts ch. 156, sec. 2, effective July 12, 2012. -- Amended 2010 Ky. Acts ch. 170, sec. 13, effective July 15, 2010. -- Amended 2006 Ky. Acts ch. 182, sec. 25, effective July 12, 2006. -- Amended 1998 Ky. Acts ch. 606, sec. 32, effective July 15, 1998. -- Created 1976 Ky. Acts ch. 2, sec. 3.

KRS 431.523 Bail for nonresidents charged with driving under the influence

431.523. Bail for nonresidents charged with driving under the influence (1) Bail for persons who are not residents of Kentucky who are charged with a violation of KRS 189A.010 shall be five hundred dollars ($500) unless the defendant was involved in a motor vehicle accident in which property damage or physical injury to a person was involved in which case bail shall be one thousand five hundred dollars ($1,500). In the event of serious physical injury or death the minimum amount of bail shall be five thousand dollars ($5,000). (2) No court shall release a person charged with a violation of KRS 189A.010 who is not a resident of Kentucky without the imposition of bail as required by subsection (1) of this section. Bail in subsection (1) of this section shall be accepted in the full cash amount only, or with court approved surety for that amount, and no other form of bail shall be acceptable. Effective: July 13, 1984 History: Created 1984 Ky. Acts ch. 165, sec. 14, effective July 13, 1984.

KRS 431.525 Conditions for establishing amount of bail -- Pilot projects for controlled substance or alcohol abuse testing

431.525. Conditions for establishing amount of bail -- Pilot projects for controlled substance or alcohol abuse testing (1) The amount of the bail shall be: (a) Sufficient to insure compliance with the conditions of release set by the court; (b) Not oppressive; (c) Commensurate with the nature of the offense charged; (d) Considerate of the past criminal acts and the reasonably anticipated conduct of the defendant if released; and (e) Considerate of the financial ability of the defendant. (2) When a person is charged with an offense punishable by fine only, the amount of the bail bond set shall not exceed the amount of the maximum penalty and costs. (3) When a person has been convicted of an offense and only a fine has been imposed, the amount of the bail shall not exceed the amount of the fine. (4) When a person has been charged with one (1) or more misdemeanors, the amount of the bail for all charges shall be encompassed by a single amount of bail that shall not exceed the amount of the fine and court costs for the one (1) highest misdemeanor charged. This subsection shall apply only to misdemeanor offenses not involving physical injury or sexual contact. (5) When a person has been convicted of a misdemeanor offense and a sentence of jail, probation, conditional discharge, or sentence other than a fine only has been imposed, the amount of bail for release on appeal shall not exceed double the amount of the maximum fine that could have been imposed for the one (1) highest misdemeanor offense for which the person was convicted. This subsection shall apply only to misdemeanors not involving physical injury or sexual contact. (6) The provisions of this section shall not apply to a defendant who is found by the court to present a flight risk or to be a danger to others. (7) If a court determines that a defendant shall not be released pursuant to subsection (6) of this section, the court shall document the reasons for denying the release in a written order. (8) The Administrative Office of the Courts shall establish pilot projects to implement controlled substance or alcohol abuse testing as specified under this subsection. If the person's record indicates a history of controlled substance or alcohol abuse, the court may order the person to submit to periodic testing for use of controlled substances or alcohol and to pay a reasonable fee, not to exceed the actual cost of the test and analysis, as determined by the court, with the fee to be collected by the circuit clerk, held in an agency account, and disbursed, on court order, solely to the agency or agencies responsible for testing and analysis as compensation for the cost of the testing and analysis performed under this subsection. If the person is declared indigent, the testing fee may be waived by the court. If the court finds the conditions of release have not been complied with, the court may change the conditions imposed or forfeit the bail bond or any portion thereof and enter a judgment for the Commonwealth against the person and his surety or sureties for the amount of the bail bond or any portion thereof and the cost of the proceedings. Effective: June 8, 2011 History: Amended 2011 Ky. Acts ch. 2, sec. 47, effective June 8, 2011. -- Amended 1998 Ky. Acts ch. 606, sec. 33, effective July 15, 1998. -- Created 1976 Ky. Acts ch. 2, sec. 4.

KRS 431.530 Deposit of bail security -- Payments into public advocate special account -- Return of deposit when innocent or charges dropped or dismissed

431.530. Deposit of bail security -- Payments into public advocate special account -- Return of deposit when innocent or charges dropped or dismissed (1) Any person who has been permitted to execute a bail bond in accordance with KRS 431.520(3)(b) shall deposit with the clerk of the court before which the action is pending a sum of money equal to ten percent (10%) of the bail, but in no event shall such deposit be less than ten dollars ($10) unless the defendant earned full credit toward the applicable amount of bail pursuant to KRS 431.066, in which case the defendant shall not be required to make a deposit with the clerk of the court. (2) Upon depositing said sum the defendant shall be released from custody subject to all conditions of release imposed by the court. (3) Except as provided in subsection (5) of this section, if the conditions of release have been performed and the defendant has been discharged from all obligations in the action the clerk of the court shall return to the defendant, unless the court orders otherwise, ninety percent (90%) of the sum deposited and shall retain as bail costs ten percent (10%) of the amount deposited; provided, however, in no event shall the amount retained by the clerk as bail costs be less than five dollars ($5). It is further provided that the court shall order the clerk of court to pay into the public advocate special account any amount of the sum deposited by the defendant, in excess of bail costs, which in its sound discretion represents a reasonable fee for any public advocate legal or investigative services provided for the defendant under KRS Chapter 31, but in no event shall the amount so paid to the public advocate special account as public advocate legal and investigative fees be less than five dollars ($5) per case. At the request of the defendant the court may order the amount repayable to defendant from such deposit to be paid to defendant's attorney of record. (4) Except as provided in subsection (5) of this section, if a final judgment for a fine and court costs or either is entered in the prosecution of an action in which a deposit has been made in accordance with subsection (1) of this section, the balance of such deposit, after deduction of bail costs and public advocate fees as provided for in subsection (3) of this section, shall be applied to the satisfaction of the judgment. (5) If the defendant has performed all conditions of release and if the defendant is found not guilty of the offense for which bail was posted, or if all charges against him relating to the offense for which bail was posted are dropped or dismissed, then all bail money deposited by the defendant or by another person on his behalf shall be returned to him with no deductions therefrom as provided in subsection (3) or (4) of this section. Effective: July 12, 2012 History: Amended 2012 Ky. Acts ch. 156, sec. 3, effective July 12, 2012. -- Amended 1979 (1st Extra. Sess.) Ky. Acts ch. 7, sec. 9, effective July 1, 1979. -- Amended 1978 Ky. Acts ch. 384, sec. 118, effective June 17, 1978. -- Amended 1976 (1st Extra. Sess.) Ky. Acts ch. 24, sec. 6. -- Created 1976 Ky. Acts ch. 2, sec. 5.

KRS 431.531 Statement of collections to be filed -- Funds to be sent to State Treasury -- Certification of amounts and publication of annual audit by administrative office of the courts

431.531. Statement of collections to be filed -- Funds to be sent to State Treasury -- Certification of amounts and publication of annual audit by administrative office of the courts (1) Each Circuit Court clerk shall, on the first day of each month, send to the Finance and Administration Cabinet, a statement, subscribed and sworn to by him, showing the amount of money received or collected by or for him the preceding month pursuant to KRS 431.530(3) and shall, with such statements, send to the State Treasury the amount so collected for deposit to the credit of the general fund. (2) The Circuit Court clerk shall send to the State Treasury for credit to the general fund all balances from fees collected pursuant to KRS 431.530. (3) The Administrative Office of the Courts shall certify to the Finance and Administration Cabinet on an annual basis that all funds collected have been duly reported by the circuit clerk in accordance with KRS 30A.120. (4) The Administrative Office of the Courts shall cause to be published an annual audit of the funds collected pursuant to KRS 30A.120 no later than December 1 for the preceding fiscal year receipts. Effective: January 2, 1978 History: Created 1976 (1st Extra. Sess.) Ky. Acts ch. 21, sec. 26, effective January 2, 1978.

KRS 431.532 Bail deposits by person other than defendant

431.532. Bail deposits by person other than defendant When deposits of money are made by a person other than the defendant utilizing funds other than those of the defendant as bail security pursuant to KRS 431.530 the following terms and conditions shall apply in lieu of the provisions of subsections (3) and (4) of KRS 431.530: (1) The deposit shall be listed as being made on behalf of the defendant by the depositor and not in the name of the defendant; (2) If the conditions of release have been performed and the defendant has been discharged from all obligations in the action the clerk of the court shall return to the person who deposited the money ninety percent (90%) of the sum deposited and shall retain as bail costs ten percent (10%) of the amount deposited provided, however, in no event shall the amount retained by the clerk as bail costs be less than five dollars ($5); (3) No deductions shall be made by the court for public advocate services, satisfaction of fines, payment of attorneys, or any other purpose when the defendant has been discharged as provided in subsection (2) of this section unless agreed to by the poster of the bond. (4) If the defendant has performed all conditions of release and if the defendant is found not guilty of the offense for which bail was posted, or if all charges against him relating to the offense for which bail was posted are dropped or dismissed, then all bail money deposited pursuant to this section shall be returned to the person posting the bail with no deductions therefrom as provided in subsection (3) or (4) of KRS 431.530. Effective: July 1, 1979 History: Created 1979 (1st Extra. Sess.) Ky. Acts ch. 7, sec. 10, effective July 1, 1979.

KRS 431.535 Cash, stocks, bonds, or real estate as security for bail

431.535. Cash, stocks, bonds, or real estate as security for bail (1) Any person who has been permitted to execute a bail bond in accordance with KRS 431.520(3)(c) may secure such bond: (a) By a deposit, with the clerk of the court, of cash, or stocks and bonds in which trustees are authorized to invest funds under the laws of this Commonwealth having an unencumbered market value of not less than the amount of the bail bond; or (b) By real estate situated in this Commonwealth with unencumbered equity, not exempt and owned by the defendant or a surety or sureties having a fair market value at least double the amount of the bail bond. (2) If the bail bond is secured by stocks and bonds the defendant or the surety or sureties shall file with the bond a sworn schedule which shall be approved by the court and shall contain: (a) A list of the stocks and bonds deposited describing each in sufficient detail that they may be identified; (b) The present market value of each stock and bond; (c) The total market value of the stocks and bonds listed; (d) A statement that the affiant or affiants is the sole owner or owners thereof and that the stocks and bonds listed are not exempt from execution; (e) A statement that such stocks and bonds have not previously been deposited or accepted as bail in this Commonwealth during the 12 months preceding the date of the bail bond; provided, however, this statement shall not be required of the defendant using his own property as security; or if the surety or sureties using their property as security are related to the defendant by consanguinity no further removed than first cousin; or if the surety or sureties is either a father-in-law, mother-in-law, son-in-law, or daughter-in-law of the defendant; and (f) A statement that such stocks and bonds are security for the appearance of the defendant in accordance with the conditions of release imposed by the court. (3) If the bail bond is secured by real estate the defendant or surety or sureties shall file with the bond a sworn schedule which shall contain: (a) A legal description of the real estate; (b) A description of any and all encumbrances on the real estate including the amount of each and the holder thereof; (c) The market value of the unencumbered equity owned by the affiant or affiants; (d) A statement that the affiant is the sole owner, or in the case of jointly owned real estate, that affiants are the sole owners of such unencumbered equity and that it is not exempt from execution; (e) A statement that the real estate has not previously been used or accepted as bail in this Commonwealth during the 12 months preceding the date of the bail bond; provided, however, this statement shall not be required of the defendant using his own property as security; or if the surety or sureties using their property as security are related to the defendant by consanguinity no further removed than first cousin; or if the surety or sureties is either a father- in-law, mother-in-law, son-in-law or daughter-in-law of the defendant; and (f) A statement that the real estate is security for the appearance of the defendant in accordance with the conditions of release imposed by the court. (4) The sworn schedule shall constitute a material part of the bail bond. An affiant shall be subject to penalty of perjury if in the sworn schedule he makes a false statement which he does not believe to be true. (5) A certified copy of the bail bond and schedule of real estate accompanied by the necessary recording fee which shall be paid by the affiant or affiants shall be filed immediately by the clerk of the court requiring the bail bond in the office of the county clerk of the county in which the real estate is situated. The county clerk shall record such copies of said bail bonds and schedule and the Commonwealth shall have a lien upon such real estate from the date and time of such recordation. The instruments described herein shall be recorded in the miscellaneous encumbrances book provided by the county clerk. (6) If the conditions of release imposed by the court have been performed and the defendant has been discharged from all obligations in the action, the clerk of the court shall return to him or his sureties the deposit of any cash, stocks or bonds. If the bail bond has been secured by real estate, the clerk of the court requiring the bail bond shall forthwith notify in writing the county clerk of the county where the real estate is situated and the lien on the real estate shall be discharged and the release thereof recorded in the margin. Effective: June 17, 1978 History: Amended 1978 Ky. Acts ch. 384, sec. 530, effective June 17, 1978. -- Created 1976 Ky. Acts ch. 2, sec. 6.

KRS 431.540 Uniform schedule of amounts of bail in designated nonviolent Class D felonies, misdemeanors, and violations

431.540. Uniform schedule of amounts of bail in designated nonviolent Class D felonies, misdemeanors, and violations The Supreme Court may by rule or order prescribe a uniform schedule of amounts of bail in designated nonviolent Class D felonies, misdemeanors, and violations; (1) Except as provided in subsection (2) of this section, when the amount of bail is fixed by such rule or order of the Supreme Court for a particular offense, the clerk of the court or other public officers so authorized by the court's order shall accept cash bail in the prescribed amount or the deposit authorized by KRS 431.530 and release the defendant to appear in accordance with the conditions of the bail bond. A receipt shall be delivered to the defendant for the bail so taken and within a reasonable time such bail shall be deposited with the clerk of the court having jurisdiction of the offense. (2) A court may, in the exercise of its reasonable discretion, refuse to set bail in the amount prescribed by such rule or order of the Supreme Court, but, in so doing, the court must set forth in writing its reasons for such refusal. Effective: July 15, 2008 History: Amended 2008 Ky. Acts ch. 186, sec. 1, effective July 15, 2008. -- Created 1976 Ky. Acts ch. 2, sec. 7.

KRS 431.545 Forfeiture of bail; Prosecution

431.545. Forfeiture of bail; Prosecution If a defendant shall willfully fail to appear or shall willfully fail to comply with the conditions of his release: (1) The court may order a forfeiture of the bail, serving a copy thereof upon the defendant and his surety or sureties at their last known addresses; if the defendant or his surety or sureties do not appear within twenty (20) days after service of the order or a return of not found and satisfy the court that appearance or compliance by the defendant was impossible and without his fault, the court may enter judgment against the defendant and his surety or sureties for the amount of the bail and the costs of the proceedings for all of which execution may issue; and (2) The defendant shall be subject to prosecution for the offenses prescribed in KRS 520.070 and 520.080. History: Created 1976 Ky. Acts ch. 2, sec. 8.

KRS 431.550 Penalty for KRS 431.510 to 431.545

431.550. Penalty for KRS 431.510 to 431.545 Any person who violates any provisions of KRS 431.510 to 431.545 not otherwise punishable by law or statute shall be guilty of a Class A misdemeanor for the first offense, and guilty of a Class D felony for each additional offense. History: Created 1976 Ky. Acts ch. 2, sec. 9.

KRS 431.570 Definition of "crime stoppers organization."

431.570. Definition of "crime stoppers organization." As used in KRS 431.570 to 431.595, unless the context otherwise requires: (1) "Crime stoppers organization" means a private, nonprofit organization that accepts and disperses donations for rewards to persons who: (a) Report to the organization information concerning criminal activity and such information results in the arrest or indictment of the person committing the crime; or (b) Provide to the organization information pertaining to the recovery or confiscation of stolen property, contraband or illegal controlled substances. (2) Information provided in subsection (1) of this section shall be forwarded to the appropriate law enforcement agency. Effective: July 14, 1992 History: Created 1992 Ky. Acts ch. 59, sec. 1, effective July 14, 1992.

KRS 431.575 Duties of organization

431.575. Duties of organization A crime stoppers organization shall: (1) Foster the detection of crime and encourage persons to report information about criminal acts; (2) Encourage news and other media to promote local crime stoppers organizations and to inform the public of the functions of the organization; (3) Assist other crime stoppers organizations in forwarding information about criminal acts to the appropriate law enforcement agencies; and (4) Help law enforcement agencies detect and combat crime by increasing the flow of information to and between law enforcement agencies. Effective: July 14, 1992 History: Created 1992 Ky. Acts ch. 59, sec. 2, effective July 14, 1992.

KRS 431.580 Circuit Court order required for production of reports -- Records of reports confidential

431.580. Circuit Court order required for production of reports -- Records of reports confidential (1) Records of a crime stoppers organization concerning a report of criminal activity shall not be compelled to be produced before a court or other tribunal except on the order of the Circuit Court. (2) Records of a crime stoppers organization relating to reports of criminal acts shall be confidential. Effective: July 14, 1992 History: Created 1992 Ky. Acts ch. 59, sec. 3, effective July 14, 1992.

KRS 431.585 Unlawful disclosure of information

431.585. Unlawful disclosure of information (1) A person who accepts a report of criminal activity on behalf of a crime stoppers organization shall be guilty of unlawful disclosure of information if the person intentionally or knowingly divulges to a person not employed by a law enforcement agency the identity of the person who made the report without the consent of the person who made the report. (2) Unlawful disclosure of information under this section shall be a Class A misdemeanor. Effective: July 14, 1992 History: Created 1992 Ky. Acts ch. 59, sec. 4, effective July 14, 1992.

KRS 431.590 Repayment by convicted defendant of all or part of reward paid by organization

431.590. Repayment by convicted defendant of all or part of reward paid by organization (1) In addition to any other penalty authorized by law, after a defendant has been convicted of an offense, excluding offenses committed under KRS Chapters 186 and 189, the judge shall order a defendant to repay all or part of a reward paid by a crime stoppers organization. (2) In determining the amount the defendant shall repay to a crime stoppers organization under subsection (1) of this section, the court shall consider the importance of the information to the prosecution of the defendant as provided by the arresting officer or the prosecuting attorney with due regard for the confidentiality of the crime stoppers organization records. (3) In this section, "crime stoppers organization" means an organization as defined by KRS 431.570. Effective: July 14, 1992 History: Created 1992 Ky. Acts ch. 59, sec. 5, effective July 14, 1992.

KRS 431.595 Assessment of repayment ordered as cost -- Time of repayment -- Court clerk's duties

431.595. Assessment of repayment ordered as cost -- Time of repayment -- Court clerk's duties (1) Upon an order to repay a reward or part of a reward under KRS 431.590, the court shall assess this cost against the defendant in the same manner as other costs of prosecution are assessed against a defendant. The court shall order the defendant to: (a) Pay the entire amount required when sentence is pronounced; or (b) Pay the entire amount required at a later date specified by the court. (2) After receiving a payment from a person ordered to make the payment under this section, the clerk of the court shall: (a) Make a record of the payment; (b) Forward the payment to the designated crime stoppers organization; and (c) Record the forwarding of the payment. Effective: July 14, 1992 History: Created 1992 Ky. Acts ch. 59, sec. 6, July 14, 1992.

KRS 431.597 Agreement of affiliation between county and crime stoppers organization - - Funding

431.597. Agreement of affiliation between county and crime stoppers organization - - Funding (1) Any crime stoppers organization that enters into a written agreement of affiliation, as provided in subsection (2) of this section, with a county in which the organization operates shall be funded in part by a one dollar ($1) fee added to court costs in that county. The fee shall be imposed on every person who is: (a) Convicted of any misdemeanor or violation, other than a violation of KRS Chapters 186, 187, 188, 189, or 189A; and (b) Sentenced to pay a fine for the misdemeanor or violation, regardless of whether the person is also incarcerated, or whether the fine is suspended, waived, or otherwise not imposed. (2) Any crime stoppers organization may enter into a written agreement of affiliation, approved by a fiscal court or urban-county council, with any county, or with any number of counties, in which the organization operates. Agreements of affiliation shall be valid for two (2) years and may be renewed. The agreements shall specify: (a) The relationship between the crime stoppers organization, the county, and law enforcement agencies in the county; and (b) That the crime stoppers organization shall account annually to the fiscal court or urban-county council for all funds raised by the organization from all sources and all funds expended by the organization for any purpose. The agreement shall allow the crime stoppers organization to identify the sources of funds raised generically rather than by name. The agreement shall not require the crime stoppers organization to divulge the amounts of individual rewards paid nor the identity of any person to whom a reward was paid. (3) In every county where an agreement of affiliation is approved, the county clerk shall notify the circuit clerk to collect the fee required by this section. The circuit clerk shall collect the fee for two (2) years from the date the agreement was signed. When the circuit clerk pays fines and costs over to the state, the circuit clerk shall pay all money collected under this section to the crime stoppers organization named in the agreement. (4) The crime stoppers fee shall not be waived or suspended. Failure to pay the fee shall be treated as a failure to pay a fine under KRS Chapter 534. (5) Crime stoppers organizations may use the funds they receive under this section for any purpose authorized by KRS 431.575. Effective: July 15, 1998 History: Created 1998 Ky. Acts ch. 337, sec. 1, effective July 15, 1998.

KRS 431.600 Coordination of child sexual abuse investigations and prosecutions -- Protection of and counseling for child victims

431.600. Coordination of child sexual abuse investigations and prosecutions -- Protection of and counseling for child victims (1) Each investigation of reported or suspected sexual abuse of a child shall be conducted by a specialized multidisciplinary team composed, at a minimum, of law enforcement officers and social workers from the Cabinet for Health and Family Services. Cabinet for Health and Family Services social workers shall be available to assist in all investigations under this section but shall be lead investigators only in those cases of reported or suspected sexual abuse of a child in which a person exercising custodial control or supervision, as defined in KRS 600.020, is the alleged or suspected perpetrator of the abuse. Additional team members may include Commonwealth's and county attorneys, children's advocacy center staff, mental health professionals, medical professionals, victim advocates, including those for victims of human trafficking, educators, and other related professionals, as necessary, operating under protocols governing roles, responsibilities, and procedures developed by the Kentucky Multidisciplinary Commission on Child Sexual Abuse and promulgated by the Attorney General as administrative regulations pursuant to KRS Chapter 13A. (2) Local protocols shall be developed in each county or group of contiguous counties by the agencies and persons specified in subsection (1) of this section specifying how the state protocols shall be followed within the county or group of contiguous counties. These protocols shall be approved by the Kentucky Multidisciplinary Commission on Child Sexual Abuse. (3) If adequate personnel are available, each Commonwealth's attorney's office and each county attorney's office shall have a child sexual abuse specialist. (4) Commonwealth's attorneys and county attorneys, or their assistants, shall take an active part in interviewing and familiarizing the child alleged to have been abused, or who is testifying as a witness, with the proceedings throughout the case, beginning as early as practicable in the case. (5) If adequate personnel are available, Commonwealth's attorneys and county attorneys shall provide for an arrangement which allows one (1) lead prosecutor to handle the case from inception to completion to reduce the number of persons involved with the child victim. (6) Commonwealth's attorneys and county attorneys and the Cabinet for Health and Family Services and other team members shall minimize the involvement of the child in legal proceedings, avoiding appearances at preliminary hearings, grand jury hearings, and other proceedings when possible. (7) Commonwealth's attorneys and county attorneys shall make appropriate referrals for counseling, private legal services, and other appropriate services to ensure the future protection of the child when a decision is made not to prosecute the case. The Commonwealth's attorney or county attorney shall explain the decision not to prosecute to the family or guardian, as appropriate, and to the child victim. (8) To the extent practicable and when in the best interest of a child alleged to have been abused, interviews with a child shall be conducted at a children's advocacy center. Effective: June 25, 2013 History: Amended 2013 Ky. Acts ch. 25, sec. 23, effective June 25, 2013. -- Amended 2005 Ky. Acts ch. 99, sec. 650, effective June 20, 2005. -- Amended 2000 Ky. Acts ch. 144, sec. 1, effective July 14, 2000. -- Amended 1998 Ky. Acts ch. 339, sec. 1, effective July 15, 1998; and ch. 426, sec. 601, effective July 15, 1998. -- Amended 1996 Ky. Acts ch. 18, sec. 1, effective July 15, 1996. -- Amended 1994 Ky. Acts ch. 207, sec. 1, effective July 15, 1994. – Created 1992 Ky. Acts ch. 351, sec. 1, effective July 14, 1992.

KRS 431.650 Kentucky Multidisciplinary Commission on Child Sexual Abuse

431.650. Kentucky Multidisciplinary Commission on Child Sexual Abuse (1) The Kentucky Multidisciplinary Commission on Child Sexual Abuse is hereby created. (2) The commission shall be composed of the following members: (a) The commissioner of the Department for Community Based Services or a designee; (b) The commissioner of the Department for Behavioral Health, Developmental and Intellectual Disabilities or a designee; (c) One (1) social service worker who is employed by the Department for Community Based Services to provide child protective services, who shall be appointed by the secretary of the Cabinet for Health and Family Services; (d) One (1) therapist who provides services to sexually abused children, who shall be appointed by the secretary of the Cabinet for Health and Family Services; (e) The commissioner of the Department of Kentucky State Police or a designee; (f) One (1) law enforcement officer who is a detective with specialized training in conducting child sexual abuse investigations, who shall be appointed by the secretary of the Justice and Public Safety Cabinet; (g) One (1) employee of the Administrative Office of the Courts appointed by the Chief Justice of the Supreme Court of Kentucky; (h) Two (2) employees of the Attorney General's Office who shall be appointed by the Attorney General; (i) One (1) Commonwealth's attorney who shall be appointed by the Attorney General; (j) The commissioner of the Department of Education or a designee; (k) One (1) school counselor, school psychologist, or school social worker who shall be appointed by the commissioner of the Department of Education; (l) One (1) representative of a children's advocacy center who shall be appointed by the Governor; (m) One (1) physician appointed by the Governor; and (n) One (1) former victim of a sexual offense or one (1) parent of a child sexual abuse victim who shall be appointed by the Attorney General. (3) Appointees shall serve at the pleasure of the appointing authority but shall not serve longer than four (4) years without reappointment. (4) The commission shall elect a chairperson annually from its membership. Effective: July 12, 2012 History: Amended 2012 Ky. Acts ch. 146, sec. 116, effective July 12, 2012; and ch. 158, sec. 74, effective July 12, 2012. -- Amended 2007 Ky. Acts ch. 85, sec. 314, effective June 26, 2007. -- Amended 2005 Ky. Acts ch. 99, sec. 70, effective June 20, 2005. -- Amended 2000 Ky. Acts ch. 14, sec. 55, effective July 14, 2000; and ch. 144, sec. 2, effective July 14, 2000. -- Amended 1998 Ky. Acts ch. 426, sec. 602, effective July 15, 1998. -- Amended 1996 Ky. Acts ch. 18, sec. 2, effective July 15, 1996. -- Created 1994 Ky. Acts ch. 308, sec. 1, effective July 15, 1994. Legislative Research Commission Note (7/12/2012). This statute was amended by 2012 Ky. Acts chs. 146 and 158, which do not appear to be in conflict and have been codified together. Legislative Research Commission Note (6/26/2007). A technical correction has been made in this section by the Reviser of Statutes pursuant to KRS 7.136.

KRS 431.660 Duties and powers of commission

431.660. Duties and powers of commission (1) The Kentucky Multidisciplinary Commission on Child Sexual Abuse shall: (a) Prepare and issue a model protocol for local multidisciplinary teams regarding investigation and prosecution of child sexual abuse and the role of children's advocacy centers on multidisciplinary teams. (b) Review and approve protocols prepared by local multidisciplinary teams. (c) Advise local multidisciplinary teams on the investigation and prosecution of child sexual abuse. (d) Receive data on child sexual abuse cases collected by the Prosecutors Advisory Council and issue annual reports. (e) Collect data on the operation of local multidisciplinary teams. (f) Seek funding to support special projects relating to the operation of local multidisciplinary teams. (g) Receive and review complaints regarding local multidisciplinary teams, and make appropriate recommendations. (h) Recommend to the Governor, Legislative Research Commission, and Supreme Court changes in state programs, legislation, administrative regulations, policies, budgets, and treatment and service standards which may facilitate effective intervention of child sexual abuse cases and the investigation and prosecution of perpetrators of child sexual abuse, and which may improve the opportunity for victims of child sexual abuse to receive treatment. (2) The Kentucky Multidisciplinary Commission on Child Sexual Abuse may, within budget limitations, establish and maintain necessary offices, appoint employees, and prescribe the duties and compensation for the appointed employees. Effective: July 14, 2000 History: Amended 2000 Ky. Acts ch. 144, sec. 3, effective July 14, 2000. -- Amended 1996 Ky. Acts ch. 18, sec. 3, effective July 15, 1996. -- Created 1994 Ky. Acts ch. 308, sec. 2, effective July 15, 1994.

KRS 431.670 Attachment of commission to Office of the Attorney General

431.670. Attachment of commission to Office of the Attorney General For administrative purposes only, the Kentucky Multidisciplinary Commission on Child Sexual Abuse shall be attached to the Office of the Attorney General. Effective: July 15, 1994 History: Created 1994 Ky. Acts ch. 308, sec. 3, effective July 15, 1994.

KRS 431.0795 Expungement fund

431.0795. Expungement fund (1) There is hereby created in the State Treasury a fund designated the "expungement fund." (2) The fund shall be administered by the Justice and Public Safety Cabinet. (3) Beginning on June 27, 2019, the revenues and interest from the expungement fee imposed by KRS 431.073 shall be deposited in the fund. (4) On January 1, April 1, July 1, and October 1 of each year, the balance of the fund shall be distributed as follows: (a) Ten percent (10%) shall be distributed to the Department for Libraries and Archives; (b) Forty percent (40%) shall be distributed to the Department of Kentucky State Police; (c) Forty percent (40%) shall be equally distributed among the offices of Commonwealth's attorneys; and (d) Ten percent (10%) shall be distributed to the Administrative Office of the Courts to be deposited into the trust and agency account for deputy circuit clerks along with the fee established in KRS 431.073(10). (5) All interest earned on moneys in the fund shall be credited to the fund and shall not lapse. (6) Notwithstanding KRS 45.229, fund amounts not expended at the close of a fiscal year shall not lapse but shall be carried forward into the next fiscal year. (7) Moneys deposited in the fund are hereby appropriated for the purposes set forth in this section and shall not be appropriated or transferred by the General Assembly for any other purposes. Effective: June 27, 2019 History: Created 2019 Ky. Acts ch. 188, sec. 4, effective June 27, 2019.

KRS 431.2135 Procedure for challenging condemned person's sanity

431.2135. Procedure for challenging condemned person's sanity This section shall provide the exclusive procedure for challenging a condemned person's sanity, unless the Supreme Court of Kentucky expressly adopts a rule of court providing otherwise. (1) A condemned person or the person's attorney may file a motion for stay of execution on the grounds that the condemned person is insane. The motion shall be filed in the Circuit Court of the county where the condemned person is incarcerated, or the county in which the condemned person was convicted, and shall be supported by at least two (2) affidavits. The Attorney General shall file a response within the time ordered by the court. (2) Upon receiving a motion under subsection (1) of this section, the court shall order the condemned person to be evaluated by at least two (2) licensed mental health professionals and shall order the mental health professionals to submit their written evaluation to the court within ten (10) days of the evaluation. The court shall then schedule and conduct a hearing as soon as possible to determine whether the condemned person is insane. (3) The court shall base its determination of insanity on a preponderance of the evidence. The court's determination may be appealed to the Supreme Court by the condemned person or the Attorney General. (4) If the condemned person is determined to be insane, he or she shall be committed to the Kentucky Correctional Psychiatric Center. The treating psychiatrist shall then report, once each month or more frequently if the court orders, to the court and the condemned person's counsel on the progress the condemned person has made and whether there is a substantial probability that the person will become sane. If at any time a psychiatrist treating or evaluating the person determines the person to be sane, the psychiatrist shall immediately report that fact to the court. (5) Upon receiving a report that a condemned person has become sane, the court shall schedule an evaluation and conduct a hearing in accordance with subsections (2) and (3) of this section to determine sanity. The court's determination may be appealed to the Supreme Court by the condemned person or the Attorney General. Effective: July 15, 1998 History: Created 1998 Ky. Acts ch. 606, sec. 158, effective July 15, 1998.

KRS 431.4505 Modification of uniform citation to include alcohol concentration and testing information

431.4505. Modification of uniform citation to include alcohol concentration and testing information The Justice and Public Safety Cabinet shall modify the uniform citation form to include spaces where the peace officer may include: (1) The alcohol concentration in cases of violation of KRS 189A.010; and (2) Whether the defendant did take, refused to take, or was unable to take for some reason (to be specified on the citation), the alcohol concentration or drug test or tests specified by the peace officer following an arrest for violation of KRS 189A.010. Effective: June 26, 2007 History: Amended 2007 Ky. Acts ch. 85, sec. 312, effective June 26, 2007. -- Created 1991 (1st Extra. Sess.) Ky. Acts ch. 15, sec. 13, effective July 1, 1991.

KRS 431.5305 Jailer permitted to prepare or accept bail bond -- Fee -- Reporting

431.5305. Jailer permitted to prepare or accept bail bond -- Fee -- Reporting With the approval of the fiscal court of the county in which the prisoner is incarcerated, the jailer may prepare or accept a bail bond pursuant to KRS 30A.060(3). In this case, he shall collect a fee of five dollars ($5) from the defendant. The jailer shall furnish the defendant with a written receipt for the fee. By the tenth day of each month, the jailer shall: (1) Report the previous month's bonding fees to the county treasurer; and (2) Submit the previous month's bonding fees to the county treasurer for inclusion in the jail fund. Effective: July 14, 1992 History: Created 1992 Ky. Acts ch. 89, sec. 4, effective July 14, 1992.
Source: Kentucky Legislative Research Commission (legislature.ky.gov)URL: https://apps.legislature.ky.gov/law/statutes/chapter.aspx?id=39302Fetched: 10/20/2026

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