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-CHAPTER 14
-Legislative Research Commission PDF Version
-
-1
-CHAPTER 14
-( HB 422 )
-AN ACT relating to crimes and punishments.
-Be it enacted by the General Assembly of the Commonwealth of Kentucky:
-Section 1.   KRS 439.3406 is amended to read as follows:
-(1) The board shall order mandatory reentry supervision six (6) months prior to the projected completion date of
-an inmate's sentence for an inmate who has not been granted discretionary parole.
-(2) [The provisions of subsection (1) of ]This section shall not apply to an inmate who:
-(a) Is not eligible for parole by statute;
-(b) Has been convicted of a capital offense or a Class A felony;
-(c) Has previously been convicted of two (2) or more offenses that would classify him or her as a violent
-offender under KRS 439.3401;
-(d) Has a maximum or close security classification as defined by administrative regulations promulgated by
-the department;
-(e)[(d)] Has been sentenced to two (2) years or less of incarceration;
-(f)[(e)] Is subject to the provisions of KRS 532.043;
-(g)[(f)] Has six (6) months or less to be served after his or her sentencing by a court [ or recommitment to
-prison for a violation of probation, shock probation, parole, or conditional discharge] ;
-(h)[(g)] Has been [If] recommitted to prison for a vi olation of probation, shock probation, parole, or
-conditional discharge[, has not served at least six (6) months since being recommitted]; or
-(i)[(h)] Has twice been released on mandatory reentry supervision.
-(3) An inmate granted mandatory reentry supervi sion pursuant to this section may be returned by the board to
-prison for violation of the conditions of supervision and shall not again be eligible for mandatory reentry
-supervision during the same period of incarceration.
-(4) An inmate released to mandatory reentry supervision shall be considered to be released on parole.
-(5) Mandatory reentry supervision is not a commutation of sentence or any other form of clemency.
-(6) A[No] hearing shall not be required for the board to order an inmate to mandatory reentry supervision pursuant
-to subsection (1) of this section. Terms of supervision for inmates released on mandatory reentry supervision
-shall be established as follows:
-(a) 1. The board shall promulgate[adopt] administrative regulations in accordance with KRS Chapter
-13A establishing general conditions applicable to each inmate ordered to mandatory reentry
-supervision pursuant to subsection (1) of this section.
-2. If an inmate is ordered to mandatory reentry supervision, the board's order shall:
-a. Set forth the general conditions; and[ shall]
-b. Require the inmate to comply with the general conditions and any requirements imposed
-by the department in accordance with this section;
-(b) Upon intake of an inmate or dered to mandatory reentry supervision by the board, the department shall
-use the results of the risk and needs assessment administered pursuant to KRS 439.3104(1) to establish
-appropriate terms and conditions of supervision, taking into consideration the level of risk to public
-safety, criminal risk factors, and the need for treatment and other interventions. The terms and
-conditions imposed by the department under this paragraph shall not conflict with the general
-conditions adopted by the board pursuant to paragraph (a) of this subsection; and
-ACTS OF THE GENERAL ASSEMBLY 2
-(c) The powers and duties assigned to the commissioner in relation to probation or parole under KRS
-439.470 shall be assigned to the commissioner in relation to mandatory reentry supervision.
-(7) Subject to subsecti on (3) of this section, the period of mandatory reentry supervision shall conclude upon
-completion of the individual's minimum expiration of sentence.
-(8) If the board issues a warrant for the arrest of an inmate for absconding from supervision during the mandatory
-reentry supervision period, and the inmate is subsequently returned to prison as a violator of conditions of
-supervision for absconding, the inmate shall not receive credit toward the remainder of his or her sentence for
-the time spent absconding.
-(9) The department shall report the results of the mandatory reentry supervision program to the Legislative
-Research Commission for referral to the  Interim Joint Committee on Judiciary or the Senate and House
-Standing Committees on Judiciary, as appropriate, by February 1 of each year[, 2015].
-Section 2.   KRS 504.020 is amended to read as follows:
-(1) A person is not responsible for criminal conduct if at the time of the[such] conduct, as a result of mental
-illness or intellectual disability, he or she  lacks substantial capacity [either ] to appreciate the nature and
-quality of[criminality of] his or her conduct[ or to conform his conduct to the requirements of law].
-(2) As used  in this chapter, the term "mental illness or intellectual disability" does not include an abnormality
-manifested only by repeated criminal or otherwise antisocial conduct.
-(3) A defendant may prove mental illness or intellectual disability, as used in thi s section, in exculpation of
-criminal conduct.
-Section 3.   KRS 504.060 is amended to read as follows:
-As used in this chapter, unless the context otherwise requires:
-(1) "Department" means the Department of Corrections;
-(2) "Examiner" means a psychologis t or psychiatrist who examines, treats, or reports on a defendant's mental
-condition as required by this chapter;
-(3) "Forensic psychiatric facility" means a mental institution or facility, or part thereof, designated by the
-secretary for the purpose and f unction of providing inpatient evaluation, care, and treatment for [mentally ill
-persons or ] individuals with an intellectual disability or a mental illness  who have been charged with or
-convicted of a felony;
-(4) "Foreseeable future" means not more than three hundred sixty (360) days;
-(5) "Incompetency to stand trial" means, as a result of mental condition, lack of capacity to appreciate the nature
-and consequences of the proceedings against one or to participate rationally in one's own defense;
-(6) "Individual with an intellectual disability" means an individual with significantly subaverage general
-intellectual functioning existing concurrently with deficits in adaptive behavior and manifested during the
-developmental period and is a condition which may exist concurrently with mental illness or insanity;
-(7) "Insanity" means, as a result of mental illness or intellectual disability [condition], lack of substantial capacity
-[either ]to appreciate the nature and quality[criminality] of one's conduct [ or to co nform one's conduct to the
-requirements of law];
-(8) "Mental illness" means substantially impaired capacity to use self -control, judgment, or discretion in the
-conduct of one's affairs and social relations, associated with maladaptive behavior or recognize d emotional
-symptoms where impaired capacity, maladaptive behavior, or emotional symptoms can be related to
-physiological, psychological, or social factors;
-(9) "Psychiatrist" means a physician licensed pursuant to KRS Chapter 311 who is certified or eligible to apply for
-certification by the American Board of Psychiatry and Neurology, Inc.;
-(10) "Psychologist" means a person licensed at the doctoral level pursuant to KRS Chapter 319 who has been
-designated by the Kentucky Board of Examiners of Psychology as competent to perform examinations;
-(11) "Secretary" means the secretary of the Cabinet for Health and Family Services;
-(12) "Treatment":
-CHAPTER 14
-Legislative Research Commission PDF Version
-
-3
-(a) Means medication or counseling, therapy, psychotherapy, and other professional services provided by
-or at the direction of psychologists or psychiatrists; and[. "Treatment"]
-(b) Shall not include electroshock therapy or psychosurgery; and
-(13) "Treatment facility" means an institution or part thereof, approved by the Cabinet for Health and Family
-Services, which provides evaluation, care, and treatment for insane or [mentally ill persons or ]individuals with
-an intellectual disability or a mental illness on an inpatient or outpatient basis.
-Section 4.   KRS 504.120 is amended to read as follows:
-(1) Except as provided in subsection (2) of this section,  in cases in which the defendant provides evidence at trial
-of his or her mental illness or insanity at the time of the offense, the jury or court may find the defendant:
-(a)[(1)] Guilty;
-(b)[(2)] Not guilty;
-(c)[(3)] Not guilty by reason of insanity at the time of the offense; or
-(d)[(4)] Guilty but mentally ill at the time of the offense.
-(2) A jury or court shall not return a verdict that finds the defendant:
-(a) For one (1) count, not guilty by reason of insanity at the time of the offense; and
-(b) For any other count arising out of a single course of conduct and tried during the same trial, guilty
-or guilty but mentally ill at the time of the offense.
-(3) The court shall instruct the jury on the prohibition established in subsection (2) of this section.
-Section 5.   KRS 504.150 is amended to read as follows:
-(1) (a) The court shall sentence a defendant found guilty but mentally ill at the time of the offense to the local
-jail or to the department[ of Corrections] in the same manner as a defendant found guilty.
-(b) If the defendant is found guilty but mentally ill, treatment shall be provided the defendant until the
-treating professional determines that the treatment is no longer necessary or until expirati on of his or
-her sentence, whichever occurs first.
-(c) If the treating professional determines that treatment is still necessary upon expiration of the
-defendant's sentence, the treating professional or the Commonwealth shall petition the sentencing
-court for:
-1. Involuntary hospitalization or admission under KRS Chapter 202A or 202B; or
-2. Court-ordered community-based outpatient treatment under KRS Chapter 202A.
-(2) Treatment shall be a condition of probation, shock probation, conditional discharge, parol e, or conditional
-release so long as the defendant requires treatment for his or her mental illness in the opinion of his or her
-treating professional.
-Section 6.   This Act may be cited as Logan's Law.
-Signed by Governor April 2, 2026.
+UNOFFICIAL COPY  26 RS HB 422/HCS 1
+Page 1 of 28
+HB042230.100 - 1413 - XXXX   2/24/2026 4:21 PM  House Committee Substitute
+AN ACT relating to crimes and punishments. 1
+Be it enacted by the General Assembly of the Commonwealth of Kentucky: 2
+Section 1.   KRS 439.3401 is amended to read as follows: 3
+(1) As used in this section, "violent offender" means any person who has been 4
+convicted of or pled guilty to the: 5
+(a) Commission or attempted commission of: 6
+1. A capital offense; 7
+2. A Class A felony; or 8
+3. A felony sexual offense described in KRS Chapter 510; or 9
+(b) Commission of: 10
+1. A felony involving the death of the victim or serious physical injury to a 11
+victim; 12
+2. Use of a minor in a sexual performance as described in KRS 531.310; 13
+3. Promoting a sexual performance by a minor as described in KRS 14
+531.320; 15
+4. Unlawful transaction with  a minor in the first degree as described in 16
+KRS 530.064(1)(a); 17
+5. Human trafficking as described in [under] KRS 529.100 involving 18
+commercial sexual activity where the victim is a minor; 19
+6. Criminal abuse in the first degree as described in KRS 508.100; 20
+7. Burglary in the first degree accompanied by the commission or 21
+attempted commission of an assault as described in KRS 508.010, 22
+508.020, 508.032, or 508.060; 23
+8. Burglary in the first degree accompanied by commission or attempted 24
+commission of kidnapping as described in KRS 509.040; 25
+9. Burglary in the first degree as described in KRS 511.020, if a person 26
+other than a participant in the crime was present in the building during 27
+UNOFFICIAL COPY  26 RS HB 422/HCS 1
+Page 2 of 28
+HB042230.100 - 1413 - XXXX   2/24/2026 4:21 PM  House Committee Substitute
+the commission of the offense; 1
+10. Robbery in the first degree as described in KRS 515.020; 2
+11. Robbery in the second degree as described in KRS 515.030; 3
+12. Incest as described in KRS 530.020(2)(b) or (c); 4
+13. Arson in the first degree as described in KRS 513.020; 5
+14. Strangulation in the first degree as described in KRS 508.170; 6
+15. Carjacking as described in KRS 515.040; 7
+16. A Class C felony violation of promoting contraband in the first degree 8
+as described in KRS 520.050; or 9
+17. Wanton endangerment in the first degree as described in KRS 508.060 10
+involving the discharge of a firearm. 11
+(2) The court shall designate in its judgment if: 12
+(a) The victim suffered death or serious physical injury; and 13
+(b) A person other than a participant in the crime was present in the building 14
+during the commission of burglary in the first degree. 15
+(3) A violent offender who has been: 16
+(a) Convicted of a capital offense and who has received a life sentence and has 17
+not been sentenced to thirty-five (35)[twenty-five (25)] years without parole 18
+or imprisonment for life without benefit of probation or parole;[, or ] 19
+(b) Convicted of a Class A felony and receives a life sentence;[,] or  20
+(c) Sentenced to death and his or her sentence is commuted to a life sentence; 21
+ shall not be released on probation or parole until he or she has served at least thirty 22
+(30)[twenty (20)]  years in the penitentiary. Violent offenders may have a greater 23
+minimum parole eligibility date than other offenders who receive longer sentences, 24
+including a sentence of life imprisonment. 25
+(4) A violent offender with a sentence of a term of years shall not be released on 26
+probation, shock probation, parole, conditional discharge, or other form of early 27
+UNOFFICIAL COPY  26 RS HB 422/HCS 1
+Page 3 of 28
+HB042230.100 - 1413 - XXXX   2/24/2026 4:21 PM  House Committee Substitute
+release until he or she has served at least eighty -five percent (85%) of the sentence 1
+imposed. 2
+(5) A violent offender shall only be awarded credit on his or her sentence authorized by 3
+KRS 197.045(1)(a)1. 4
+(6) This section shall not apply to a person who has been determined by a court to have 5
+been a victim o f domestic violence or abuse pursuant to KRS 533.060 with regard 6
+to the offenses involving the death of the victim or serious physical injury to the 7
+victim. The provisions of this subsection shall not extend to rape in the first degree 8
+or sodomy in the first degree by the defendant. 9
+(7) This section shall apply only to those persons who commit offenses after July 15, 10
+1998. 11
+(8) For offenses committed prior to July 15, 1998, the version of this statute in effect 12
+immediately prior to that date shall continue to apply. 13
+(9) The provisions of subsection (1) of this section extending the definition of "violent 14
+offender" to persons convicted of or pleading guilty to robbery in the first degree 15
+shall apply only to persons whose crime was committed after July 15, 2002. 16
+Section 2.   KRS 439.3406 is amended to read as follows: 17
+(1) The board shall order mandatory reentry supervision six (6) months prior to the 18
+projected completion date of an inmate's sentence for an inmate who has not bee n 19
+granted discretionary parole. 20
+(2) [The provisions of subsection (1) of ]This section shall not apply to an inmate who: 21
+(a) Is not eligible for parole by statute; 22
+(b) Has been convicted of a capital offense , [or ]a Class A felony , or a Class B 23
+felony; 24
+(c) Is a violent offender as defined in Section 1 of this Act and has been 25
+unanimously denied discretionary parole by the board or a panel of the 26
+board; 27
+UNOFFICIAL COPY  26 RS HB 422/HCS 1
+Page 4 of 28
+HB042230.100 - 1413 - XXXX   2/24/2026 4:21 PM  House Committee Substitute
+(d) Has a maximum or close security classification as defined by administrative 1
+regulations promulgated by the department; 2
+(e)[(d)] Has been sentenced to two (2) years or less of incarceration; 3
+(f)[(e)] Is subject to the provisions of KRS 532.043; 4
+(g)[(f)] Has six (6) months or less to be served after his or her sentencing by a 5
+court or recommitment to prison for a violation of probation, shock probation, 6
+parole, or conditional discharge; 7
+(h)[(g)] If recommitted to prison for a violation of probation, shock probation, 8
+parole, or conditional discharge, has not served at least six (6) months since 9
+being recommitted; or 10
+(i)[(h)] Has twice been released on mandatory reentry supervision. 11
+(3) An inmate granted mandatory reentry supervision pursuant to this section may be 12
+returned by the board to prison for violation of the conditions of supervision and 13
+shall not again be eligible for mandatory reentry supervision during the same period 14
+of incarceration. 15
+(4) An inmate released to mandatory reentry supervision shall be considered to be 16
+released on parole. 17
+(5) Mandatory reentry supervision is not a commutation of sentence  or any other form 18
+of clemency. 19
+(6) A[No] hearing shall not be required for the board to order an inmate to mandatory 20
+reentry supervision pursuant to subsection (1) of this section. Terms of supervision 21
+for inmates released on mandatory reentry supervision  shall be established as 22
+follows: 23
+(a) 1. The board shall promulgate[adopt] administrative regulations in 24
+accordance with KRS Chapter 13A  establishing general conditions 25
+applicable to each inmate ordered to mandatory reentry supervision 26
+pursuant to subsection (1) of this section. 27
+UNOFFICIAL COPY  26 RS HB 422/HCS 1
+Page 5 of 28
+HB042230.100 - 1413 - XXXX   2/24/2026 4:21 PM  House Committee Substitute
+2. If an inmate is ordered to mandatory reentry supervision, the board's 1
+order shall: 2
+a. Set forth the general conditions; and[ shall] 3
+b. Require the inmate to comply with the general conditions and any 4
+requirements imposed by the department in accordance with this 5
+section; 6
+(b) Upon intake of an inmate ordered to mandatory reentry supervision by the 7
+board, the department shall use the results of the risk and needs assessment 8
+administered pursuant to KRS 439.3104(1) to establish appropriate terms and 9
+conditions of supervision, taking into consideration the level of risk to public 10
+safety, crimina l risk factors, and the need for treatment and other 11
+interventions. The terms and conditions imposed by the department under this 12
+paragraph shall not conflict with the general conditions adopted by the board 13
+pursuant to paragraph (a) of this subsection; and 14
+(c) The powers and duties assigned to the commissioner in relation to probation 15
+or parole under KRS 439.470 shall be assigned to the commissioner in 16
+relation to mandatory reentry supervision. 17
+(7) Subject to subsection (3) of this section, the period of m andatory reentry 18
+supervision shall conclude upon completion of the individual's minimum expiration 19
+of sentence. 20
+(8) If the board issues a warrant for the arrest of an inmate for absconding from 21
+supervision during the mandatory reentry supervision period, a nd the inmate is 22
+subsequently returned to prison as a violator of conditions of supervision for 23
+absconding, the inmate shall not receive credit toward the remainder of his or her 24
+sentence for the time spent absconding. 25
+(9) The department shall report the r esults of the mandatory reentry supervision 26
+program to the Legislative Research Commission for referral to the  Interim Joint 27
+UNOFFICIAL COPY  26 RS HB 422/HCS 1
+Page 6 of 28
+HB042230.100 - 1413 - XXXX   2/24/2026 4:21 PM  House Committee Substitute
+Committee on Judiciary or the Senate and House Standing Committees on 1
+Judiciary, as appropriate, by February 1 of each year[, 2015]. 2
+Section 3.   KRS 504.020 is amended to read as follows: 3
+(1) A person is not responsible for criminal conduct if at the time of the[such] conduct, 4
+as a result of mental illness or intellectual disability, he or she  lacks substantial 5
+capacity [either ]to appreciate the nature and quality of [criminality of] his or her 6
+conduct[ or to conform his conduct to the requirements of law]. 7
+(2) As used in this chapter, the term "mental illness or intellectual disability" does not 8
+include an abnormality manifested only by repeated criminal or otherwise antisocial 9
+conduct. 10
+(3) A defendant may prove mental illness or intellectual disability, as used in this 11
+section, in exculpation of criminal conduct. 12
+Section 4.   KRS 504.060 is amended to read as follows: 13
+As used in this chapter, unless the context otherwise requires: 14
+(1) "Department" means the Department of Corrections; 15
+(2) "Examiner" means a psychologist or psychiatrist who examines, treats, or reports 16
+on a defendant's mental condition as required by this chapter; 17
+(3) "Forensic psychiatric facility" means a mental institution or facility, or part thereof, 18
+designated by the secretary for the purpose and function of providing inpatient 19
+evaluation, care, an d treatment for [mentally ill persons or ] individuals with an 20
+intellectual disability or a mental illness  who have been charged with or convicted 21
+of a felony; 22
+(4) "Foreseeable future" means not more than three hundred sixty (360) days; 23
+(5) "Incompetency to  stand trial" means, as a result of mental condition, lack of 24
+capacity to appreciate the nature and consequences of the proceedings against one 25
+or to participate rationally in one's own defense; 26
+(6) "Individual with an intellectual disability" means an ind ividual with significantly 27
+UNOFFICIAL COPY  26 RS HB 422/HCS 1
+Page 7 of 28
+HB042230.100 - 1413 - XXXX   2/24/2026 4:21 PM  House Committee Substitute
+subaverage general intellectual functioning existing concurrently with deficits in 1
+adaptive behavior and manifested during the developmental period and is a 2
+condition which may exist concurrently with mental illness or insanity; 3
+(7) "Insanity" means, as a result of mental illness or intellectual disability [condition], 4
+lack of substantial capacity [either ] to appreciate the nature and 5
+quality[criminality] of one's conduct [ or to conform one's conduct to the 6
+requirements of law]; 7
+(8) "Mental illness" means substantially impaired capacity to use self -control, 8
+judgment, or discretion in the conduct of one's affairs and social relations, 9
+associated with maladaptive behavior or  recognized emotional symptoms where 10
+impaired capacity, maladaptive behavior, or emotional symptoms can be related to 11
+physiological, psychological, or social factors; 12
+(9) "Psychiatrist" means a physician licensed pursuant to KRS Chapter 311 who is 13
+certified or eligible to apply for certification by the American Board of Psychiatry 14
+and Neurology, Inc.; 15
+(10) "Psychologist" means a person licensed at the doctoral level pursuant to KRS 16
+Chapter 319 who has been designated by the Kentucky Board of Examiners of 17
+Psychology as competent to perform examinations; 18
+(11) "Secretary" means the secretary of the Cabinet for Health and Family Services; 19
+(12) "Treatment": 20
+(a) Means medication or counseling, therapy, psychotherapy, and other 21
+professional services provided by or at the direction of psychologists or 22
+psychiatrists; and[. "Treatment"] 23
+(b) Shall not include electroshock therapy or psychosurgery; and 24
+(13) "Treatment facility" means an institution or part thereof, approved by the Cabinet 25
+for Health and Family Services, which provides evaluation, care, and treatment for 26
+insane or [mentally ill persons or ] individuals with an intellectual disability or a 27
+UNOFFICIAL COPY  26 RS HB 422/HCS 1
+Page 8 of 28
+HB042230.100 - 1413 - XXXX   2/24/2026 4:21 PM  House Committee Substitute
+mental illness on an inpatient or outpatient basis. 1
+Section 5.   KRS 504.120 is amended to read as follows: 2
+(1) Except as provided in subsection (2) of this section,  in cases in which the 3
+defendant provides evidence at trial of his or her mental illness or insanity at the 4
+time of the offense, the jury or court may find the defendant:  5
+(a)[(1)] Guilty;  6
+(b)[(2)] Not guilty;  7
+(c)[(3)] Not guilty by reason of insanity at the time of the offense; or  8
+(d)[(4)] Guilty but mentally ill at the time of the offense.  9
+(2) A jury or court shall not return a verdict that finds the defendant: 10
+(a) For one (1) count listed in the indictment, not guilty by reason of insanity at 11
+the time of the offense; and 12
+(b) For any other count listed in the same indictmen t, guilty or guilty but 13
+mentally ill at the time of the offense. 14
+(3) The court shall instruct the jury on the prohibition established in subsection (2) 15
+of this section. 16
+Section 6.   KRS 504.150 is amended to read as follows: 17
+(1) (a) The court shall sentence a defendant found guilty but mentally ill at the time 18
+of the offense to the local jail or to the department [ of Corrections]  in the 19
+same manner as a defendant found guilty. 20
+(b) If the defendant is found guilty but mental ly ill, treatment shall be provided 21
+the defendant until the treating professional determines that the treatment is 22
+no longer necessary or until expiration of his or her  sentence, whichever 23
+occurs first. 24
+(c) If the treating professional determines that trea tment is still necessary upon 25
+expiration of the defendant's sentence, the treating professional or the 26
+Commonwealth shall petition the sentencing court for: 27
+UNOFFICIAL COPY  26 RS HB 422/HCS 1
+Page 9 of 28
+HB042230.100 - 1413 - XXXX   2/24/2026 4:21 PM  House Committee Substitute
+1. Involuntary hospitalization or admission under KRS Chapter 202A or 1
+202B; 2
+2. Court-ordered commun ity-based outpatient treatment under KRS 3
+202A.081; or 4
+3. Mandatory postincarceration supervision for a period of one (1) year 5
+under the Division of Probation and Parole, subject to the conditions 6
+set forth in KRS 532.400. 7
+(2) Treatment shall be a condition of probation, shock probation, conditional discharge, 8
+parole, or conditional release so long as the defendant requires treatment for his or 9
+her mental illness in the opinion of his or her treating professional. 10
+Section 7.   KRS 532.025 is amended to read as follows: 11
+(1) (a) 1. Upon conviction of a defendant in cases where the death penalty may be 12
+imposed, a hearing shall be conducted. In the[such] hearing, the judge 13
+shall hear additional evidence in extenuation, mitigatio n, and 14
+aggravation of punishment, including the record of any prior criminal 15
+convictions and pleas of guilty or pleas of nolo contendere of the 16
+defendant, or the absence of any prior conviction and pleas .[; provided,] 17
+However, [that ] only [such ] evidence i n aggravation as the state has 18
+made known to the defendant prior to his or her trial shall be admissible.  19
+2. Subject to the Kentucky Rules of Evidence, juvenile court records of 20
+adjudications of guilt of a child for an offense that would be a felony if 21
+committed by an adult shall be admissible in court at any time the child 22
+is tried as an adult, or after the child becomes an adult, at any 23
+subsequent criminal trial relating to that same person. Juvenile court 24
+records made available pursuant to this section may be used for 25
+impeachment purposes during a criminal trial and may be used during 26
+the sentencing phase of a criminal trial .[;] However, the fact that a 27
+UNOFFICIAL COPY  26 RS HB 422/HCS 1
+Page 10 of 28
+HB042230.100 - 1413 - XXXX   2/24/2026 4:21 PM  House Committee Substitute
+juvenile has been adjudicated delinquent of an offense that would be a 1
+felony if the child had been an  adult shall not be used in finding the 2
+child to be a persistent felony offender based upon that adjudication. 3
+Release of the child's treatment, medical, mental, or psychological 4
+records is prohibited unless presented as evidence in Circuit Court. 5
+Release of any records resulting from the child's prior abuse and neglect 6
+under Title IV -E or IV -B of the Federal Social Security Act is also 7
+prohibited.  8
+3. The judge shall also hear argument by the defendant or his or her 9
+counsel and the prosecuting attorney, as provided by law, regarding the 10
+punishment to be imposed. The prosecuting attorney shall open and the 11
+defendant shall conclude the argument. In cases in which the death 12
+penalty may be imposed, the judge when sitting without a jury shall 13
+follow the additional procedure provided in subsection (2) of this 14
+section. Upon the conclusion of the evidence and arguments, the judge 15
+shall impose the sentence or sha ll recess the trial for the purpose of 16
+taking the sentence within the limits prescribed by law. If the trial court 17
+is reversed on appeal because of error only in the presentence hearing, 18
+the new trial which may be ordered shall apply only to the issue of 19
+punishment. 20
+(b) In all cases in which the death penalty may be imposed and which are tried by 21
+a jury, upon a return of a verdict of guilty by the jury, the court shall resume 22
+the trial and conduct a presentence hearing before the jury. The[Such] hearing 23
+shall be conducted in the same manner as presentence hearings conducted 24
+before the judge as provided in paragraph (a) of this subsection, including the 25
+record of any prior criminal convictions and pleas of guilty or pleas of nolo 26
+contendere of the defendant. Upon the conclusion of the evidence and 27
+UNOFFICIAL COPY  26 RS HB 422/HCS 1
+Page 11 of 28
+HB042230.100 - 1413 - XXXX   2/24/2026 4:21 PM  House Committee Substitute
+arguments, the judge shall give the jury appropriate instructions, and the jury 1
+shall retire to determine whether any mitigating or aggravating circumstances, 2
+as defined in subsection (2) of this section, exist and to recommend a sentence 3
+for the defendant. Upon the findings of the jury, the judge shall fix a sentence 4
+within the limits prescribed by law. 5
+(2) In all cases of offenses for which the death penalty may be authorized, the judge 6
+shall consider, or include in  his or her instructions to the jury for it to consider, any 7
+mitigating circumstances or aggravating circumstances otherwise authorized by law 8
+and any of the following statutory aggravating or mitigating circumstances which 9
+may be supported by the evidence: 10
+(a) Aggravating circumstances: 11
+1. The offense of murder or kidnapping was committed by a person with a 12
+prior record of conviction for a capital offense, or the offense of murder 13
+was committed by a person who has a substantial history of serious 14
+assaultive criminal convictions; 15
+2. The offense of murder or kidnapping was committed while the offender 16
+was engaged in the commission of arson in the first degree, robbery in 17
+the first degree, burglary in the first degree, rape in the first degree, or 18
+sodomy in the first degree; 19
+3. The offender by his or her act of murder, armed robbery, or kidnapping 20
+knowingly created a great risk of death to more than one (1) person in a 21
+public place by means of a weapon of mass destruction, weapon, or 22
+other device which would no rmally be hazardous to the lives of more 23
+than one (1) person; 24
+4. The offender committed the offense of murder for himself, herself, or 25
+another, for the purpose of receiving money or any other thing of 26
+monetary value, or for other profit; 27
+UNOFFICIAL COPY  26 RS HB 422/HCS 1
+Page 12 of 28
+HB042230.100 - 1413 - XXXX   2/24/2026 4:21 PM  House Committee Substitute
+5. The offense of murder was committed by a person who was a prisoner 1
+and the victim was a prison employee engaged at the time of the act in 2
+the performance of his or her duties; 3
+6. The offender's act or acts of killing were intentional and resulted in 4
+multiple deaths; 5
+7. The offender's act of killing was intentional and the victim was: 6
+a. A state or local public official; or 7
+b. A first responder, as defined in KRS 507.070; 8
+8. The offender murdered the victim when an emergency protective order 9
+or a domestic violence order wa s in effect, or when any other order 10
+designed to protect the victim from the offender, such as an order issued 11
+as a condition of a bond, conditional release, probation, parole, or 12
+pretrial diversion, was in effect; and 13
+9. The offender's act of killing was intentional and resulted in the death of 14
+a child under twelve (12) years old. 15
+(b) Mitigating circumstances: 16
+1. The defendant has no significant history of prior criminal activity; 17
+2. The capital offense was committed while the defendant was under the 18
+influence of extreme mental or emotional disturbance even though the 19
+influence of extreme mental or emotional disturbance is not sufficient to 20
+constitute a defense to the crime; 21
+3. The victim was a participant in the defendant's criminal conduct or 22
+consented to the criminal act; 23
+4. The capital offense was committed under circumstances which the 24
+defendant believed to provide a moral justification or extenuation for his 25
+or her conduct even though the circumstances which the defendant 26
+believed to provide a moral ju stification or extenuation for his or her 27
+UNOFFICIAL COPY  26 RS HB 422/HCS 1
+Page 13 of 28
+HB042230.100 - 1413 - XXXX   2/24/2026 4:21 PM  House Committee Substitute
+conduct are not sufficient to constitute a defense to the crime; 1
+5. The defendant was an accomplice in a capital offense committed by 2
+another person and his or her participation in the capital offense was 3
+relatively minor; 4
+6. The defendant acted under duress or under the domination of another 5
+person even though the duress or the domination of another person is not 6
+sufficient to constitute a defense to the crime; 7
+7. At the time of the capital offense, the capacity of  the defendant to 8
+appreciate the criminality of his or her conduct to the requirements of 9
+law was impaired as a result of mental illness or an intellectual disability 10
+or intoxication even though the impairment of the capacity of the 11
+defendant to appreciate  the criminality of his or her conduct or to 12
+conform the conduct to the requirements of law is insufficient to 13
+constitute a defense to the crime; and 14
+8. The youth of the defendant at the time of the crime. 15
+(3) (a) The instructions as determined by the tria l judge to be warranted by the 16
+evidence or as required by KRS 532.030(4) shall be given in charge and in 17
+writing to the jury for its deliberation. 18
+(b) 1. Except as provided in subsection (4) of this section,  the jury, if its 19
+verdict be a recommendation of death, [or ] imprisonment for life 20
+without benefit of probation or parole, or imprisonment for life without 21
+benefit of probation or parole until the defend ant has served a minimum 22
+of thirty-five (35) [twenty-five (25)]  years of his or her sentence, shall 23
+designate in writing, signed by the foreman of the jury, the aggravating 24
+circumstance or circumstances which it found beyond a reasonable 25
+doubt. In nonjury cases, the judge shall make the[such] designation. 26
+2. If the jury, or judge in nonjury cases, does not find [In all cases unless] 27
+UNOFFICIAL COPY  26 RS HB 422/HCS 1
+Page 14 of 28
+HB042230.100 - 1413 - XXXX   2/24/2026 4:21 PM  House Committee Substitute
+at least one (1) of the statutory aggravating circumstances 1
+described[enumerated] in subsection (2) of this section[ is so found], the 2
+death penalty, [or ]imprisonment for life without benefit of probation or 3
+parole, or [the sentence to ] imprisonment for life without benefit of 4
+probation or parole until the defendant has served a minimum of thirty-5
+five (35) [twenty-five (25)]  years of his or her sentence, shall not be 6
+imposed. 7
+(4) If the defendant has been found guilty of intentional murder under KRS 8
+507.020(1)(a), the jury, or judge in nonjury cases, shall not be required to find 9
+any of the aggravating circumstances described in subsection (2) of this section to 10
+impose a sentence of: 11
+(a) Imprisonment for life without benefit of probation or parole; or 12
+(b) Imprisonment for life without benefit of probation or parole until the 13
+defendant has served a minimum of thirty -five (35) years of  his or her 14
+sentence. 15
+Section 8.   KRS 532.030 is amended to read as follows: 16
+(1) [When ] A person [is ] convicted of a capital offense [, he]  shall have his or her  17
+punishment fixed at: 18
+(a) Death;[, or at] 19
+(b) A term of imprisonment for life without benefit of probation or parole;[, or at] 20
+(c) A term of imprisonment for life without benefit of probation or parole until he 21
+or she has served a minimum of thirty-five (35)[twenty-five (25)] years of his 22
+or her sentence;[, or to] 23
+(d) A sentence of life;[,] or[ to] 24
+(e) A term of not less than twenty (20) years nor more than fifty (50) years. 25
+(2) [When ] A person [is ] convicted of a Class A felony [, he]  shall have his or her  26
+punishment fixed at imprisonment in accordance with KRS 532.060. 27
+UNOFFICIAL COPY  26 RS HB 422/HCS 1
+Page 15 of 28
+HB042230.100 - 1413 - XXXX   2/24/2026 4:21 PM  House Committee Substitute
+(3) [When ]A person [is ]convicted of an offense other than a capital offense or Class A 1
+felony[, he] shall have his or her punishment fixed at: 2
+(a) A term of imprisonment authorized by this chapter; [or] 3
+(b) A fine authorized by KRS Chapter 534; or 4
+(c) Both imprisonment and a fine unless precluded by the provisions of KRS 5
+Chapter 534. 6
+(4) In all cases in which the death penalty may be authorized the judge shall instruct the 7
+jury in accordance with subsection (1) of this section. The inst ructions shall state, 8
+subject to the aggravating and mitigating limitations and requirements of KRS 9
+532.025, that the jury may recommend upon a conviction for a capital offense a 10
+sentence of death, or at a term of imprisonment for life without benefit of p robation 11
+or parole, or a term of imprisonment for life without benefit of probation or parole 12
+until the defendant has served a minimum of thirty-five (35)[twenty-five (25)] years 13
+of his or her sentence, or a sentence of life, or to a term of not less than twenty (20) 14
+years nor more than fifty (50) years. 15
+Section 9.   KRS 532.110 is amended to read as follows: 16
+(1) When multiple sentences of imprisonment are imposed on a defendant for more 17
+than one (1) crime, including a crim e for which a previous sentence of probation or 18
+conditional discharge has been revoked, the multiple sentences shall run 19
+concurrently or consecutively as the court shall determine at the time of sentence, 20
+except that: 21
+(a) A definite and an indeterminate te rm shall run concurrently and both 22
+sentences shall be satisfied by service of the indeterminate term; 23
+(b) The aggregate of consecutive definite terms shall not exceed one (1) year; 24
+(c) 1. Except as provided in paragraph (d) of this subsection, the aggregat e of 25
+consecutive indeterminate terms shall not exceed in maximum length 26
+the longest extended term which would be authorized by KRS 532.080 27
+UNOFFICIAL COPY  26 RS HB 422/HCS 1
+Page 16 of 28
+HB042230.100 - 1413 - XXXX   2/24/2026 4:21 PM  House Committee Substitute
+for the highest class of crime for which any of the sentences is imposed, 1
+except as described in KRS 533.060(2) or (3). 2
+2. [In no event shall ] The aggregate of consecutive indeterminate terms 3
+shall not exceed seventy (70) years; and 4
+(d) The sentences of a defendant convicted of: 5
+1. Two (2) or more felony sex crimes, as defined in KRS 17.500, involving 6
+two (2) or more victims; 7
+2. Two (2) or more capital offenses, Class A felonies, Class B felonies, or 8
+a combination of those offenses; or 9
+3. Two (2) of more offenses that would classify a person as a violent 10
+offender, as defined in Section 1 of this Act, involving two (2) of more 11
+victims; 12
+ shall run consecutively. 13
+(2) If the court does not specify the manner in which a sentence imposed by it is to run, 14
+the sentence shall run concurrently with any other sentence which the defendant 15
+must serve unless the sentence is required by subsection (3) of this section or KRS 16
+533.060 to run consecutively. 17
+(3) Notwithstanding any provision in this section to the contrary, if a person is 18
+convicted of an offense that is committed while he or she is imprisoned in a penal 19
+or reformatory institution, during an escape from imprisonment, or while he or she 20
+awaits imprisonment, the sentence imposed for that offense may be added to the 21
+portion of the term which r emained unserved at the time of the commission of the 22
+offense. The sentence imposed upon any person convicted of an escape or 23
+attempted escape offense shall run consecutively with any other sentence which the 24
+defendant must serve. 25
+(4) Notwithstanding any p rovision in this chapter to the contrary, if a person is 26
+convicted of an offense that is committed while he or she is imprisoned in a penal 27
+UNOFFICIAL COPY  26 RS HB 422/HCS 1
+Page 17 of 28
+HB042230.100 - 1413 - XXXX   2/24/2026 4:21 PM  House Committee Substitute
+or reformatory institution, the sentence imposed for that offense may, upon order of 1
+the trial court, be served in t hat institution. The person may be transferred to 2
+another institution pursuant to administrative regulations of the Department of 3
+Corrections. 4
+Section 10.   KRS 27A.400 is amended to read as follows: 5
+The sentencing level o f the system shall consist of at least the following information as 6
+relates to the sentence imposed: 7
+(1) Sentencing date; 8
+(2) Sentence for each offense; 9
+(3) If sentenced to imprisonment: 10
+(a) Place of imprisonment; 11
+(b) Sentence minimum for each offense; 12
+(c) Sentence maximum for each offense; 13
+(d) Consecutive multiple incarceration; 14
+(e) Concurrent multiple incarceration; 15
+(f) Was the defendant sentenced without privilege of parole for thirty-five 16
+(35)[twenty-five (25)] years; and 17
+(g) Except as provided in subsection (4) of Section 7 of this Act, if the answer to 18
+paragraph (f) of this subsection is yes, which aggravating circumstance or 19
+circumstances were found; 20
+(4) If sentenced to a fine: 21
+(a) The amount of the fine; 22
+(b) Is the fine to be paid in installments; 23
+(c) If answer to paragraph (b) of this subsection is yes, amount of each 24
+installment; 25
+(d) Was the fine paid in full upon conviction; 26
+(e) If not, what amount was paid; and 27
+UNOFFICIAL COPY  26 RS HB 422/HCS 1
+Page 18 of 28
+HB042230.100 - 1413 - XXXX   2/24/2026 4:21 PM  House Committee Substitute
+(f) How much of money held for bail was used in payment of the fine; 1
+(5) If any other sentence was imposed: 2
+(a) The nature of the sentence; 3
+(b) Was conditional discharge imposed and what were the conditions of the 4
+discharge; 5
+(c) Was restitution imposed; 6
+(d) If restitution was imposed, what were the conditions of restitution; 7
+(e) If monetary restitution was imposed, what was the amount; 8
+(f) Was the amount paid in full upon conviction; 9
+(g) If restitution was to be paid in installments, what is the amount of each 10
+installment and to whom is it to be paid; and 11
+(h) List any other type of sentence imposed; 12
+(6) Were court costs imposed: 13
+(a) The amount of the costs; 14
+(b) Are the costs to be paid in installments; 15
+(c) If answer to paragraph (b) of this subsection is yes, the a mount of each 16
+installment; 17
+(d) Were the costs paid in full upon conviction; and 18
+(e) If not, how much was paid; 19
+(7) Was a crime victim compensation fund cost imposed: 20
+(a) The amount imposed; 21
+(b) Is this amount to be paid in installments; 22
+(c) If answer to pa ragraph (b) of this subsection is yes, the amount of each 23
+installment; 24
+(d) Was the crime victim compensation fund cost paid in full upon conviction; 25
+and 26
+(e) If not, how much was paid; 27
+UNOFFICIAL COPY  26 RS HB 422/HCS 1
+Page 19 of 28
+HB042230.100 - 1413 - XXXX   2/24/2026 4:21 PM  House Committee Substitute
+(8) List all other fees, costs, and similar monetary penalties which wer e imposed but 1
+not listed above: 2
+(a) List separately the amount of each; 3
+(b) List separately each to be paid in installments; 4
+(c) List separately the amount of each installment; 5
+(d) Were these costs paid in full upon conviction; list each; and 6
+(e) If not, list the amount paid on each. 7
+Section 11.   KRS 439.3103 is amended to read as follows: 8
+(1) By December 1 of each year the department shall submit to the Governor, the 9
+Legislative Research Commission for referral to the Interim Joint Committee on 10
+Judiciary, and the Chief Justice a comprehensive report on its efforts to implement 11
+evidence-based pr actices to reduce recidivism. The report shall include at a 12
+minimum: 13
+(a) The percentage of supervised individuals being supervised in accordance with 14
+evidence-based practices; 15
+(b) The percentage of state moneys expended by the department for programs that 16
+are evidence based, and a list of all programs with identification of which are 17
+evidence based; 18
+(c) Specification of supervision policies, procedures, programs, and practices that 19
+were created, modified, or eliminated; 20
+(d) The department's recommendations for resource allocation, and any additional 21
+collaboration with other state, regional, or local public agencies, private 22
+entities, or faith-based and community organizations; 23
+(e) A length of stay report on time served by first time incarcerated individuals 24
+released from the department's custody, which shall include for each offense 25
+the: 26
+1. Number of persons released; 27
+UNOFFICIAL COPY  26 RS HB 422/HCS 1
+Page 20 of 28
+HB042230.100 - 1413 - XXXX   2/24/2026 4:21 PM  House Committee Substitute
+2. Average sentence in days; 1
+3. Average time served in days; 2
+4. Average percentage of the sentence served; 3
+5. Percentage of persons released on supervision; and 4
+6. Number of persons released who were serving a life sentence or a life 5
+sentence without benefit of probation or parole until he or she has served 6
+a minimum of thirty-five (35) [twenty-five (25)]  years of his or her 7
+sentence, and the average time served in days; and 8
+(f) A report on persons released from the department's custody on supervision 9
+that shall include the following: 10
+1. Demographic information, including but not limited to: 11
+a. Gender; 12
+b. Race; 13
+c. Age group at the time of release; 14
+d. Parental status, and if the person is a parent, whether he or she has 15
+any form of custody of his or her children; and 16
+e. Gang affiliation; 17
+2. Case information, including but not limited to: 18
+a. Education level upon release; 19
+b. The number of dependents upon release; 20
+c. The crime of conviction; 21
+d. Whether the person was sentenced on or after July 15, 2024; and 22
+e. The number of days in custody prior to release; 23
+3. Count of: 24
+a. Prior community supervision periods; and 25
+b. Community supervision revocations; 26
+4. Conditions of supervision, including but not limited to: 27
+UNOFFICIAL COPY  26 RS HB 422/HCS 1
+Page 21 of 28
+HB042230.100 - 1413 - XXXX   2/24/2026 4:21 PM  House Committee Substitute
+a. Mental health or substance abuse programming; 1
+b. Cognitive skills or education programming; and 2
+c. Any other condition of supervision; 3
+5. Supervision activities, including but not limited to: 4
+a. The number of technical violations; 5
+b. The number of nontechnical violations; 6
+c. The number of drug tests; 7
+d. The percentage or number of positive drug tests; 8
+e. The number of program completions while on supervision fo r 9
+which the offender received good time credits and attendance has 10
+been verified; 11
+f. The number of jobs per year while on parole and the percentage of 12
+days employed while on parole; and 13
+g. The number of residence changes to a new zip code during parole; 14
+6. Prior criminal history, including the number of prior arrests and 15
+convictions; and 16
+7. Rates of recidivism. 17
+(2) The department shall: 18
+(a) Collect all data necessary to prepare the report and may promulgate 19
+administrative regulations in accordance with KRS Chapter 13A to implement 20
+this section; and 21
+(b) Make the full report and an executive summary available to the general public 22
+on its website.  23
+Section 12.   KRS 506.010 is amended to read as follows: 24
+(1) A person is guilty of criminal attempt to commit a crime when, acting with the kind 25
+of culpability otherwise required for commission of the crime, he or she: 26
+(a) Intentionally engages in conduct which would constitute the crime if the 27
+UNOFFICIAL COPY  26 RS HB 422/HCS 1
+Page 22 of 28
+HB042230.100 - 1413 - XXXX   2/24/2026 4:21 PM  House Committee Substitute
+attendant circumstances were as he or she believes them to be; or 1
+(b) Intentionally does or omits to do anything which, under the circumstances as 2
+he or she believes them to be, is a substantial step in a course of conduct 3
+planned to culminate in his or her commission of the crime. 4
+(2) Conduct shall not be held to constitute a substantial step under subsection (1)(b) of 5
+this section unless it is an act or omission which leaves no reasonable doubt as to 6
+the defendant's intention to commit the crime which he or she is charged with 7
+attempting. 8
+(3) A person is guilty of criminal attempt to commit a crime when he or she engages in 9
+conduct intended to aid another person to commit that crime, although the crime is 10
+not committed or attempted by the other person, provided that his or her conduct 11
+would establish complicity under KRS 502.020 if the crime were committed by the 12
+other person. 13
+(4) A criminal attempt is a: 14
+(a) Class C felony when the crime attempted is a violation of KRS 521.020 or 15
+521.050; 16
+(b) Class B felony when the crime attempted is a Class A felony or capital 17
+offense; 18
+(c) Class C felony when the crime attempted is a Class B felony; 19
+(d) Class A misdemeanor when the crime attempted is a Class C or D felony; or 20
+(e) Class B misdemeanor when the crime attempted is a misdemeanor. 21
+(5) Notwithstanding KRS Chapter 532, a person who has been convicted of, or entered 22
+a plea of guilty or nolo contendere to, criminal att empt to commit murder of a first 23
+responder shall be sentenced to imprisonment for: 24
+(a) At least twenty (20) years; 25
+(b) Life; or 26
+(c) Life without benefit of probation or parole until the person has served a 27
+UNOFFICIAL COPY  26 RS HB 422/HCS 1
+Page 23 of 28
+HB042230.100 - 1413 - XXXX   2/24/2026 4:21 PM  House Committee Substitute
+minimum of thirty-five (35)[twenty-five (25)] years. 1
+Section 13.   KRS 532.080 is amended to read as follows: 2
+(1) (a) When a defendant is found to be a persistent felony offender, the jury, in lieu 3
+of the sentence of imprisonment assessed under KRS 532.060 for the crime o f 4
+which the[such] person presently stands convicted, shall fix a sentence of 5
+imprisonment as authorized by subsection (5) or (6) of this section. 6
+(b) When a defendant is charged with being a persistent felony offender, the 7
+determination of whether or not h e or she  is such an offender and the 8
+punishment to be imposed pursuant to subsection (5) or (6) of this section 9
+shall be determined in a separate proceeding from that proceeding which 10
+resulted in his or her last conviction.  11
+(c) The[Such] proceeding shall be conducted before the court sitting with the jury 12
+that found the defendant guilty of his or her most recent offense unless the 13
+court for good cause discharges that jury and impanels a new jury for that 14
+purpose. 15
+(2) A persistent felony o ffender in the second degree is a person who is more than 16
+twenty-one (21) years of age and who stands convicted of a felony after having 17
+been convicted of one (1) previous felony. As used in this subsection[provision], a 18
+previous felony conviction is a conviction of a felony in this state or conviction of a 19
+crime in any other jurisdiction, provided that: 20
+(a) [That ] A sentence to a term of imprisonment of one (1) year or more or a 21
+sentence to death was imposed[ therefor];[ and] 22
+(b) [That ]The offender was ov er the age of eighteen (18) years at the time the 23
+offense was committed; and 24
+(c) [That ]The offender: 25
+1. Completed service of the sentence imposed on the previous felony 26
+conviction within five (5) years prior to the date of commission of the 27
+UNOFFICIAL COPY  26 RS HB 422/HCS 1
+Page 24 of 28
+HB042230.100 - 1413 - XXXX   2/24/2026 4:21 PM  House Committee Substitute
+felony for which he or she now stands convicted;[ or] 1
+2. Was on probation, parole, postincarceration supervision, conditional 2
+discharge, conditional release, furlough, appeal bond, or any other form 3
+of legal release from any of the previous felony convictions at the tim e 4
+of commission of the felony for which he or she now stands convicted;[ 5
+or] 6
+3. Was discharged from probation, parole, postincarceration supervision, 7
+conditional discharge, conditional release, or any other form of legal 8
+release on any of the previous felo ny convictions within five (5) years 9
+prior to the date of commission of the felony for which he or she now 10
+stands convicted;[ or] 11
+4. Was in custody from the previous felony conviction at the time of 12
+commission of the felony for which he or she now stands convicted; or 13
+5. Had escaped from custody while serving any of the previous felony 14
+convictions at the time of commission of the felony for which he or she 15
+now stands convicted. 16
+(3) A persistent felony offender in the first degree is a person who is more tha n twenty-17
+one (21) years of age and who stands convicted of a felony after having been 18
+convicted of two (2) or more felonies, or one (1) or more felony sex crimes against 19
+a minor as defined in KRS 17.500, and now stands convicted of any one (1) or more 20
+felonies. As used in this subsection[provision], a previous felony conviction is a 21
+conviction of a felony in this state or conviction of a crime in any other jurisdiction 22
+provided that: 23
+(a) [That ] A sentence to a term of imprisonment of one (1) year or more or  a 24
+sentence to death was imposed[ therefor];[ and] 25
+(b) [That ]The offender was over the age of eighteen (18) years at the time the 26
+offense was committed; and 27
+UNOFFICIAL COPY  26 RS HB 422/HCS 1
+Page 25 of 28
+HB042230.100 - 1413 - XXXX   2/24/2026 4:21 PM  House Committee Substitute
+(c) [That ]The offender: 1
+1. Completed service of the sentence imposed on any of the previous 2
+felony convictions within five (5) years prior to the date of the 3
+commission of the felony for which he or she now stands convicted;[ or] 4
+2. Was on probation, parole, postincarceration superv ision, conditional 5
+discharge, conditional release, furlough, appeal bond, or any other form 6
+of legal release from any of the previous felony convictions at the time 7
+of commission of the felony for which he or she now stands convicted;[ 8
+or] 9
+3. Was discharge d from probation, parole, postincarceration supervision, 10
+conditional discharge, conditional release, or any other form of legal 11
+release on any of the previous felony convictions within five (5) years 12
+prior to the date of commission of the felony for which he or she now 13
+stands convicted;[ or] 14
+4. Was in custody from the previous felony conviction at the time of 15
+commission of the felony for which he or she now stands convicted; or 16
+5. Had escaped from custody while serving any of the previous felony 17
+convictions at the time of commission of the felony for which he or she 18
+now stands convicted. 19
+(4) For the purpose of determining whether a person has two (2) or more previous 20
+felony convictions, two (2) or more convictions of crime for which that person 21
+served concur rent or uninterrupted consecutive terms of imprisonment shall be 22
+deemed to be only one (1) conviction, unless one (1) of the convictions was for an 23
+offense committed while that person was imprisoned. 24
+(5) (a) A person who is found to be a persistent felony offender in the second degree 25
+shall: 26
+1. Be sentenced to an indeterminate term of imprisonment pursuant to the 27
+UNOFFICIAL COPY  26 RS HB 422/HCS 1
+Page 26 of 28
+HB042230.100 - 1413 - XXXX   2/24/2026 4:21 PM  House Committee Substitute
+sentencing provisions of KRS 532.060(2) for the next highest degree 1
+than the offense for which convicted[.]; and 2
+2. [A person who is found to be a  persistent felony offender in the second 3
+degree shall ] Not be eligible for probation, shock probation, or 4
+conditional discharge, unless all offenses for which the person stands 5
+convicted are Class D felony offenses which do not involve a violent act 6
+against a person, in which case probation, shock probation, or 7
+conditional discharge may be granted. 8
+(b) A violent offender who is found to be a persistent felony offender in the 9
+second degree shall not be eligible for parole except as provided in KRS 10
+439.3401. 11
+(6) A person who is found to be a persistent felony offender in the first degree shall be 12
+sentenced to imprisonment as follows: 13
+(a) If the offense for which the person[he] presently stands convicted is a Class A 14
+or Class B felony, or if the person was pre viously convicted of one (1) or 15
+more sex crimes committed against a minor as defined in KRS 17.500 and 16
+presently stands convicted of a subsequent sex crime, a persistent felony 17
+offender in the first degree shall be sentenced to an indeterminate term of 18
+imprisonment, the maximum of which shall not be less than twenty (20) years 19
+nor more than fifty (50) years, or life imprisonment, or life imprisonment 20
+without parole for thirty-five (35) [twenty-five (25)]  years for a sex crime 21
+committed against a minor; 22
+(b) If the offense for which the person[he] presently stands convicted is a Class C 23
+or Class D felony, a persistent felony offender in the first degree shall be 24
+sentenced to an indeterminate term of imprisonment, the maximum of which 25
+shall not be less than ten (10) years nor more than twenty (20) years. 26
+(7) (a) A person who is found to be a persistent felony offender in the first degree 27
+UNOFFICIAL COPY  26 RS HB 422/HCS 1
+Page 27 of 28
+HB042230.100 - 1413 - XXXX   2/24/2026 4:21 PM  House Committee Substitute
+shall not be eligible for probation, shock probation, or conditional discharge, 1
+unless all offenses for which the person stands  convicted are Class D felony 2
+offenses which do not involve a violent act against a person or a sex crime as 3
+that term is defined in KRS 17.500, in which case, probation, shock probation, 4
+or conditional discharge may be granted. 5
+(b) If the offense the person presently stands convicted of is a Class A, B, or C 6
+felony, the person shall not be eligible for parole until the person has served a 7
+minimum term of incarceration of not less than ten (10) years, unless another 8
+sentencing scheme applies. 9
+(c) A violent offender who is found to be a persistent felony offender in the first 10
+degree shall not be eligible for parole except as provided in KRS 439.3401. 11
+(8) A conviction, plea of guilty, or Alford plea under KRS 218A.1415 shall not trigger 12
+the application of this section, regardless of the number or type of prior felony 13
+convictions that may have been entered against the defendant. A conviction, plea of 14
+guilty, or Alford plea under KRS 218A.1415 may be used as a prior felony offense 15
+allowing this section to be applied if he or she is subsequently convicted of a 16
+different felony offense. 17
+(9) The provisions of this section amended by 1994 Ky. Acts ch.  396, sec. 11, shall be 18
+retroactive. 19
+(10) (a) Except as provided in paragraph (b) of this subsec tion, this section shall not 20
+apply to a person convicted of a criminal offense if the penalty for that offense 21
+was increased from a misdemeanor to a felony, or from a lower felony 22
+classification to a higher felony classification, because the conviction 23
+constituted a second or subsequent violation of that offense. 24
+(b) This subsection shall not prohibit the application of this section to a person 25
+convicted of: 26
+1. A felony offense arising out of KRS 189A.010, 189A.090, 506.140, 27
+UNOFFICIAL COPY  26 RS HB 422/HCS 1
+Page 28 of 28
+HB042230.100 - 1413 - XXXX   2/24/2026 4:21 PM  House Committee Substitute
+508.032, 508.140, or 510.015; or 1
+2. Any other felony offense if the penalty was not enhanced to a higher 2
+level because the Commonwealth elected to prosecute the person as a 3
+first-time violator of that offense. 4
+Section 14.   KRS 640.040 is amended to read as follows: 5
+(1) A[No] youthful offender who has been convicted of a capital offense who was 6
+under the age of sixteen (16) years at the time of the commission of the offense 7
+shall not be sentenced to capital punishment. A youthful offender may be sentenced 8
+to capital punishment if he or she was sixteen (16) years of age or older at the time 9
+of the commission of the offense. A youthful offender convicted of a capital offense 10
+regardless of age may be sentenced to a term of imprisonment appropriate for one 11
+who has committed a Class  A felony and may be sentenced to life imprisonment 12
+without benefit of parole for thirty-five (35)[twenty-five (25)] years. 13
+(2) A[No] youthful offender shall not be subject to persistent felony offender 14
+sentencing under the provisions of KRS 532.080 for of fenses committed before the 15
+age of eighteen (18) years. 16
+(3) A[No] youthful offender shall not be subject to limitations on probation, parole or 17
+conditional discharge as provided for in KRS 533.060. 18
+(4) Any youthful offender convicted of a misdemeanor or an y felony offense which 19
+would exempt him or her from KRS 635.020(2), (3), (4), (5), (6), (7), or (8) shall 20
+be disposed of by the Circuit Court in accordance with the provisions of KRS 21
+635.060. 22
+Section 15.   This Act may be cited as Logan's Law. 23