421.576
Kentucky
Crime Victim Bill of Rights as short title for KRS 421.500 to
421.575 -- Application -- Construction.
(1) In order to establish the minimum conduct of criminal justice
professionals with respect to crime victims and to communicate the intent of the General
Assembly that victims of crime play an integral role in the criminal justice
process, KRS 421.500 to 421.575 is hereby named the Kentucky Crime Victim Bill of
Rights.
(2) The rights established by KRS 421.500 to 421.575 shall apply in all
felony and misdemeanor proceedings in a District or Circuit Court of the
Commonwealth.
(3) Nothing in KRS 421.500 to 421.575 shall provide grounds for the
victim to challenge a charging decision or a conviction, to obtain a stay of
trial, or to compel a new trial. Law enforcement agencies, county attorneys, and
Commonwealth's attorneys and courts shall make every reasonable effort to ensure that
victims of crime receive the benefits of the rights set out in KRS 421.500 to
421.575.
Effective: July
15, 1998
History: Created
1998 Ky. Acts ch. 606, sec. 39, effective July 15, 1998.
421.500
Definitions for KRS 421.500 to 421.575 -- Applicability -- Required
notifications -- Duties of public officers and agencies.
(1) As used in KRS 421.500 to 421.575, "victim" means an
individual who suffers direct or threatened physical, financial, or emotional harm as a result
of the commission of a crime classified as stalking, unlawful imprisonment, use
of a minor in a sexual performance, unlawful transaction with a minor in the
first degree, terroristic threatening, menacing, harassing communications,
intimidating a witness, criminal homicide, robbery, rape, assault, sodomy, kidnapping,
burglary in the first or second degree, sexual abuse, wanton endangerment, criminal
abuse, or incest. If the victim is a minor or legally incapacitated,
"victim" means a parent, guardian, custodian or court-appointed special advocate. If the victim
is deceased and the relation is not the defendant, the following relations shall be
designated as "victim" for the purpose of exercising those rights contained
in KRS 421.500 to 421.575:
(a) The spouse;
(b) An adult child if paragraph (a) of this subsection does not apply;
(c) A parent if paragraphs (a) and (b) of this subsection do not apply;
(d) A sibling if paragraphs (a) through (c) of this subsection do not
apply; and
(e) A grandparent if paragraphs (a) through (d) of this subsection do
not apply.
(2) If any court believes that the health, safety, or welfare of a
victim who is a minor or is legally incapacitated would not otherwise adequately be protected,
the court may appoint a special advocate to represent the interest of the victim and
to exercise those rights provided for by KRS 421.500 to 421.575. Communication
between the victim and the special advocate shall be privileged.
(3) Law enforcement personnel shall ensure that victims receive
information on available protective, emergency, social, and medical services upon
initial contact with the victim and are given information on the following as soon as
possible:
(a) Availability of crime victim compensation where applicable;
(b) Community based treatment programs;
(c) The criminal justice process as it involves the participation of the
victim or witness;
(d) The arrest of the accused; and
(e) How to register to be notified when a person has been released from
prison, jail, a juvenile detention facility, or a psychiatric facility or
forensic psychiatric facility if the case involves a violent crime as defined in
KRS 439.3401 and the person charged with or convicted of the offense has
been involuntarily hospitalized pursuant to KRS Chapter 202A.
(4) Law enforcement officers and attorneys for the Commonwealth shall
provide information to victims and witnesses on how they may be protected from
intimidation, harassment, and retaliation as defined in KRS 524.040,
524.045, or 524.055.
(5) Attorneys for the Commonwealth shall make a reasonable effort to
insure that:
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(a) All victims and witnesses who are required to attend criminal
justice proceedings are notified promptly of any scheduling changes that affect
their appearances;
(b) If victims so desire and if they provide the attorney for the
Commonwealth with a current address and telephone number, they shall receive prompt
notification, if possible, of judicial proceedings relating to their
case,
including, but not limited to, the defendant's release on bond and any
special
conditions of release; of the charges against the defendant, the
defendant's
pleading to the charges, and the date set for the trial; of notification
of changes in the custody of the defendant and changes in trial dates; of the
verdict, the victim's right to make an impact statement for consideration by the
court at the time of sentencing of the defendant, the date of sentencing, the
victim's right to receive notice of any parole board hearing held for the defendant,
and that the office of Attorney General will notify the victim if an appeal of
the conviction is pursued by the defendant; and of a scheduled hearing for
shock probation or for bail pending appeal and any orders resulting from that
hearing; and
(c) The victim knows how to register to be notified when a person has
been released from a prison, jail, a juvenile detention facility, or a
psychiatric facility or forensic psychiatric facility if the case involves a violent
crime as defined in KRS 439.3401 and the person charged with or convicted of the
offense has been involuntarily hospitalized pursuant to KRS Chapter
202A;
(d) The victim receives information on available:
1. Protective, emergency, social, and medical services;
2. Crime victim compensation, where applicable;
3. Restitution, where applicable;
4. Assistance from a victim advocate; and
5. Community-based treatment programs; and
(e) The victim of crime may, pursuant to KRS 15.247, receive protection
from harm and threats of harm arising out of cooperation with law enforcement
and prosecution efforts.
(6) The victim shall be consulted by the attorney for the Commonwealth
on the disposition of the case including dismissal, release of the defendant
pending judicial proceedings, any conditions of release, a negotiated plea, and entry
into a pretrial diversion program.
(7) In prosecution for offenses listed in this section for the purpose
of defining "victim," law enforcement agencies and attorneys for the
Commonwealth shall promptly return a victim's property held for evidentiary purposes unless
there is a compelling reason for retaining it. Photographs of such property shall
be received by the court as competent evidence in accordance with the provisions of
KRS 422.350.
(8) A victim or witness who so requests shall be assisted by law
enforcement agencies and attorneys for the Commonwealth in informing employers that the need
for victim or witness cooperation in the prosecution of the case may
necessitate absence of that victim or witness from work.
(9) The Attorney General, where possible, shall provide technical
assistance to law enforcement agencies and attorneys for the Commonwealth if such
assistance is requested for establishing a victim assistance program.
(10) If a defendant seeks appellate review of a conviction and the
Commonwealth is represented by the Attorney General, the Attorney General shall make a
reasonable effort to notify victims promptly of the appeal, the status of the case,
and the decision of the appellate court.
Effective: July
14, 2000
History: Amended
2000 Ky. Acts ch. 401, sec. 12, effective July 14, 2000. -- Amended
1998
Ky.
Acts ch. 606, sec. 40, effective July 15, 1998. -- Amended 1996
Ky.
Acts
ch. 375, sec. 3, effective July 15, 1996. -- Created 1986
Ky.
Acts ch. 212, sec. 1,
effective July 15, 1986.
