An act relating to crimes and punishments. Be it enacted by the General Assembly of the Commonwealth of Kentucky




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UNOFFICIAL COPY AS OF 02/29/16 00 REG. SESS. 00 RS BR 2757

AN ACT relating to crimes and punishments.

Be it enacted by the General Assembly of the Commonwealth of Kentucky:

SECTION 1. A NEW SECTION OF KRS CHAPTER 527 IS CREATED TO READ AS FOLLOWS:

(1) A person is guilty of the using of a firearm during the commission of a crime if he or she actively employs the use of a firearm during the commission or attempted commission of a felony.

(2) Using a firearm during the commission of a crime is a Class D felony for the first offense and a Class C felony for subsequent offenses.

(3) The provisions of this section shall not be construed as replacing or repealing any section of the Kentucky Revised Statutes but shall be construed as ancillary and supplemental thereto. A person may be convicted of a violation of this section and any other felony or misdemeanor.

(4) Any section of KRS Chapter 439 to the contrary notwithstanding, when a person has been convicted of a violation of this section or has entered a guilty plea or an Alford plea to a violation of this section, he or she shall serve the sentence provided in this section without benefit of parole.

Section 2. KRS 533.060 is amended to read as follows:

(1) When a person has been convicted of an offense or has entered a plea of guilty to an offense classified as a Class A, B, or C felony, or Section 1 of this Act, and the commission of the offense involved the use of a weapon from which a shot or projectile may be discharged that is readily capable of producing death or other serious physical injury, the person shall not be eligible for probation, shock probation, or conditional discharge, except when the person establishes that the person against whom the weapon was used had previously or was then engaged in an act or acts of domestic violence and abuse as defined in KRS 403.720 against either the person convicted or a family member as defined in KRS 403.720 of the person convicted. If the person convicted claims to be exempt from this statute because that person was the victim of domestic violence and abuse as defined in KRS 403.720, the trial judge shall conduct a hearing and make findings to determine the validity of the claim and applicability of this exemption. The findings of the court shall be noted in the final judgment.

(2) When a person has been convicted of a felony and is committed to a correctional detention facility and released on parole or has been released by the court on probation, shock probation, or conditional discharge, and is convicted or enters a plea of guilty to a felony committed while on parole, probation, shock probation, or conditional discharge, the person shall not be eligible for probation, shock probation, or conditional discharge and the period of confinement for that felony shall not run concurrently with any other sentence.

(3) When a person commits an offense while awaiting trial for another offense, and is subsequently convicted or enters a plea of guilty to the offense committed while awaiting trial, the sentence imposed for the offense committed while awaiting trial shall not run concurrently with confinement for the offense for which the person is awaiting trial.

(4) Any section of KRS Chapter 439 to the contrary notwithstanding, when a person has been convicted of a violation of Section 1 of this Act or has entered a guilty plea or an Alford plea to a violation of Section 1 of this Act, he or she shall serve the sentence provided in Section 1 of this Act without benefit of parole.


Page of

BR275700.100-2757




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