Kentucky Statutes 189A.120 – Prosecutor’s duties with regard to amendment of charges — Amendment of blood alcohol concentration — Record of charges and amendments
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(1) When an alcohol concentration for a person twenty-one (21) years of age or older in a prosecution for violation of KRS § 189A.010 is 0.08 or above, is 0.02 or above for a person under the age of twenty-one (21), or when the defendant, regardless of age, has refused to take an alcohol concentration or substance test, a prosecuting attorney shall not agree to the amendment of the charge to a lesser offense and shall oppose the amendment of the charge at trial, unless all prosecution witnesses are, and it is expected they will continue to be, unavailable for trial.
(2) A prosecuting attorney shall not amend a blood alcohol concentration, and he or she shall oppose the amendment of the percentage, unless uncontroverted scientific evidence is presented that the test results were in error. In those cases, the prosecutor shall state his or her reasons for agreeing with the amendment, and the scientific data upon which the amendment was made shall be made a part of the record in this case.
(3) The record of charges and disposition thereof, including reasons for amending the charges, shall be transmitted by the court to the Justice and Public Safety Cabinet for inclusion in the centralized criminal history record information system under KRS § 17.150.
Effective: June 26, 2007
History: Amended 2007 Ky. Acts ch. 85, sec. 215, effective June 26, 2007. — Amended
2000 Ky. Acts ch. 467, sec. 11, effective October 1, 2000. — Amended 1996 Ky. Acts ch. 198, sec. 13, effective October 1, 1996. — Amended 1991 (1st Extra. Sess.) Ky. Acts ch. 15, sec. 17, effective July 1, 1991. — Created 1984 Ky. Acts ch. 165, sec. 12, effective July 13, 1984.
(2) A prosecuting attorney shall not amend a blood alcohol concentration, and he or she shall oppose the amendment of the percentage, unless uncontroverted scientific evidence is presented that the test results were in error. In those cases, the prosecutor shall state his or her reasons for agreeing with the amendment, and the scientific data upon which the amendment was made shall be made a part of the record in this case.
Terms Used In Kentucky Statutes 189A.120
- Alcohol concentration: means either grams of alcohol per 100 milliliters of blood or grams of alcohol per 210 liters of breath. See Kentucky Statutes 189A.005
- Amendment: A proposal to alter the text of a pending bill or other measure by striking out some of it, by inserting new language, or both. Before an amendment becomes part of the measure, thelegislature must agree to it.
- Attorney: means attorney-at-law. See Kentucky Statutes 446.010
- Cabinet: means the Transportation Cabinet. See Kentucky Statutes 189A.005
- Defendant: In a civil suit, the person complained against; in a criminal case, the person accused of the crime.
- Evidence: Information presented in testimony or in documents that is used to persuade the fact finder (judge or jury) to decide the case for one side or the other.
- State: when applied to a part of the United States, includes territories, outlying possessions, and the District of Columbia. See Kentucky Statutes 446.010
- Trial: A hearing that takes place when the defendant pleads "not guilty" and witnesses are required to come to court to give evidence.
(3) The record of charges and disposition thereof, including reasons for amending the charges, shall be transmitted by the court to the Justice and Public Safety Cabinet for inclusion in the centralized criminal history record information system under KRS § 17.150.
Effective: June 26, 2007
History: Amended 2007 Ky. Acts ch. 85, sec. 215, effective June 26, 2007. — Amended
2000 Ky. Acts ch. 467, sec. 11, effective October 1, 2000. — Amended 1996 Ky. Acts ch. 198, sec. 13, effective October 1, 1996. — Amended 1991 (1st Extra. Sess.) Ky. Acts ch. 15, sec. 17, effective July 1, 1991. — Created 1984 Ky. Acts ch. 165, sec. 12, effective July 13, 1984.