533.060 Probation or conditional release -- Effect of use of firearm -- Other

333 words·~2 min read·/ky/533-060

A research copy — for the controlling text, always check the official state or federal source. Not legal advice.

felonies.

(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 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.