Kentucky Statutes 506.170 – Enhancement of penalty and minimum service of sentence for conviction of criminal gang-related felonies resulting in risk of physical injury, serious physical injury, or death — Application to juveniles and persistent fel…
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(1) Other provisions of law notwithstanding, a person shall be penalized one (1) class more severely than provided in the penalty provision pertaining to that felony offense, unless the reclassification would move the offense to a capital offense, and shall not be released on parole until he or she has served at least eighty-five percent (85%) of the sentence imposed, if that person:
(a) Is convicted of an offense classified as a felony under any provision of the Kentucky Revised Statutes and for which the commission of the felony or felonies could or did place a member of the public at risk of physical injury, serious physical injury, or death; and
(b) At the time of the commission of the offense or offenses was a member of a criminal gang as defined in KRS § 506.135 and acting for the purpose of benefitting, promoting, or furthering the interests of a criminal gang or any individual member of a criminal gang.
(2) This section shall not apply to a juvenile unless:
(a) He or she has been transferred to Circuit Court as a youthful offender pursuant to KRS § 640.010 and has on at least one (1) prior separate occasion been adjudicated a public offender for a felony offense; or
(b) He or she is a violent offender, as defined in KRS § 439.3401.
(3) This section shall not apply in cases where the defendant is found to be a persistent felony offender under KRS § 532.080.
Effective: April 26, 2018
History: Created 2018 Ky. Acts ch. 202, sec. 6, effective April 26, 2018.
(a) Is convicted of an offense classified as a felony under any provision of the Kentucky Revised Statutes and for which the commission of the felony or felonies could or did place a member of the public at risk of physical injury, serious physical injury, or death; and
Terms Used In Kentucky Statutes 506.170
- Capital offense: A crime punishable by death.
- Criminal gang: means any alliance, network, conspiracy, or group that:
(a) Consists of three (3) or more persons who have any of the following in common:
1. See Kentucky Statutes 506.135 - Defendant: In a civil suit, the person complained against; in a criminal case, the person accused of the crime.
(b) At the time of the commission of the offense or offenses was a member of a criminal gang as defined in KRS § 506.135 and acting for the purpose of benefitting, promoting, or furthering the interests of a criminal gang or any individual member of a criminal gang.
(2) This section shall not apply to a juvenile unless:
(a) He or she has been transferred to Circuit Court as a youthful offender pursuant to KRS § 640.010 and has on at least one (1) prior separate occasion been adjudicated a public offender for a felony offense; or
(b) He or she is a violent offender, as defined in KRS § 439.3401.
(3) This section shall not apply in cases where the defendant is found to be a persistent felony offender under KRS § 532.080.
Effective: April 26, 2018
History: Created 2018 Ky. Acts ch. 202, sec. 6, effective April 26, 2018.