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HB255 • 2026
AN ACT relating to criminal procedure.
This bill passed both chambers and reached final enrollment, even if later executive action is not shown here.
Using official source text because the generated explanation was unavailable or could not be confirmed against the official bill text.
AN ACT relating to criminal procedure.
to Judiciary (H)
introduced in House to Committee on Committees (H)
AN ACT relating to criminal procedure.
UNOFFICIAL COPY 26 RS BR 1577 Page 1 of 2 XXXX 1/8/2026 11:59 AM Jacketed AN ACT relating to criminal procedure. 1 Be it enacted by the General Assembly of the Commonwealth of Kentucky: 2 SECTION 1. A NEW SECTION OF KRS CHAPTER 532 IS CREATED TO 3 READ AS FOLLOWS: 4 (1) In all non-felony cases, the jury in its initial verdict shall make a determination of 5 not guilty, guilty, guilty but mentally ill, or not guilty by reason of insanity. 6 (2) Upon return of a verdict of guilty or guilty but mentally ill, the court shall 7 conduct a sentencing hearing before the jury, if the case was tried before a jury. 8 In the hearing, the jury will determine the punishment to be imposed pursuant to 9 KRS 532.090. The jury sh all recommend whether the sentences shall be served 10 concurrently or consecutively. 11 (3) (a) Evidence may be offered by the Commonwealth relevant to sentencing 12 including the: 13 1. Defendant's prior convictions, both felony and misdemeanor; 14 2. Nature of prior offenses for which the defendant was convicted; 15 3. Date of the commission, sentencing, and release from confinement or 16 supervision from all prior offenses; 17 4. Maximum expiration of sentence as determined by the division of 18 probation and parole for all current and prior offenses; 19 5. Defendant's status if on probation, parole, postincarceration 20 supervision, conditional discharge, or any other form of legal release; 21 and 22 6. Impact of the crime upon the victim or victims, as defined in KRS 23 421.500, including a description of the nature and extent of any 24 physical, psychological, or financial harm suffered by the victim or 25 victims. 26 (b) The defendant may introduce evidence in mitigation or support of leniency. 27 UNOFFICIAL COPY 26 RS BR 1577 Page 2 of 2 XXXX 1/8/2026 11:59 AM Jacketed (c) Upon conclusion of the evidence, the court shall instruct the jury on the 1 range of punishment, and counsel for the defendant may present arguments 2 followed by counsel for the Commonwealth. The jury shall then retire and 3 recommend a sentence for the defendant. 4 (4) If the jury reports to the judge that it is unable to agree as to the sentence or any 5 portion of the sentence, the judge shall impose the sentence pursuant to KRS 6 532.090. 7