(1) The attorney for the Commonwealth shall notify the victim that, upon conviction of
the defendant, the victim has the right to submit a written victim impact statement
to the probation officer responsible for preparing the presentence investigation
report for inclusion in the report or to the court should such a report be waived by
the defendant.
(2) The impact statement may contain, but need not be limited to, a description of the
nature and extent of any physical, psychological, or financial harm suffered by the
victim, the victim's need for restitution and whether the victim has applied for or
received compensation for financial loss, and the victim's recommendation for an
appropriate sentence.
(3) The victim impact statement shall be considered by the court prior to any decision
on the sentencing or release, including shock probation, of the defendant.
Effective: November 3, 2020
History: Repealed and reenacted 2020 Ky. Acts ch. 101, sec. 4, effective November 3,
2020. -- Created 1986 Ky. Acts ch. 212, sec. 3, effective July 15, 1986.
Legislative Research Commission Note (11/3/2020). 2020 Ky. Acts ch. 101, sec. 8,
provides that the repeal and reenactment of this statute in Section 4 of that Act "shall
take effect only upon the ratification, in the general election of November 3, 2020, of
a Constitutional amendment providing for the protection of crime victims' rights. If
such an amendment is not ratified, this Act shall be void. The proposed amendment
was ratified, effective November 3, 2020, becoming Kentucky Constitution Section
26A."
Legislative Research Commission Note (6/13/2019). 2018 Ky. Acts ch. 19, sec. 8,
provides that the repeal and reenactment of this statute in that Act "shall take effect
only upon the ratification, in the general election of November 6, 2018, of a
Constitutional amendment providing for the protection of crime victims' rights. If
such an amendment is not ratified, this Act shall be void." On June 13, 2019, the
Kentucky Supreme Court ruled that the language of the proposed amendment was not
properly submitted to the voters at that election and, therefore, its ratification was
void under Section 256 of the Kentucky Constitution. Consequently, the repeal and
reenactment of this statute in 2019 Ky. Acts ch. 19, sec. 4, was not given effect.
Notes of Decisions
Cited in
13
cases (
3 in the last 5 years), 1992–2026 · leading case:
Hoskins v. Maricle, 150 S.W.3d 1 (Ky. 2004).
Hoskins v. Maricle, 150 S.W.3d 1 (Ky. 2004).
· cites it 6× “A victim has the right to submit a "victim impact statement" pursuant to KRS 421.520, and the trial court must consider that statement "prior to any decision on the sentencing .”
Nichols v. Commonwealth, 839 S.W.2d 263 (Ky. 1992).
· cites it 4× “" This right to make an impact statement is more fully discussed in KRS 421.520, which, being more specific (and headed "Victim Impact Statement"), must control where it is inconsistent with Section .”
Terry v. Commonwealth, 153 S.W.3d 794 (Ky. 2005).
· cites it 2× “2004) (KRS 421.520(3) requires the trial judge to consider the victim impact statement submitted by "the victim" designated in KRS 421.”
Lockett v. Workman, 711 F.3d 1218 (10th Cir. 2013).
“Finally, Kentucky has a statute purporting to allow victims' families to make sentencing recommendations to the probation officer responsible for preparing the presentence report, Ky.Rev.Stat. § 421.520, but it does not appear Kentucky allows juries to hear such statements.”
Sherroan v. Commonwealth, 142 S.W.3d 7 (Ky. 2004).
“Specifically, with respect to the victim impact statement, KRS 421.520 provides: (1) The attorney for the Commonwealth shall notify the victim that, upon conviction of the defendant, the victim has the right to submit a written victim impact statement to the probation officer…”
Schroering v. McKinney, 906 S.W.2d 349 (Ky. 1995).
· cites it 4× “McKinney, as noted by the Court of Appeals, as a victim, has an absolute statutory right, pursuant to KRS 421.520(1) to submit a written victim-impact statement.”
Wilson v. Commonwealth, 839 S.W.2d 17 (Ky. Ct. App. 1992).
· cites it 3× “KRS 421.520 (Victim Impact Statement) provides the following: (1)The attorney for the Commonwealth shall notify the victim that, upon conviction of the defendant, the victim has the right to submit a written victim impact statement to the probation office responsible for…”
Foley v. Beshear, 462 S.W.3d 389 (Ky. 2015).
“370 (Commonwealth’s attorney to prepare statement regarding trial to be transmitted with defendant to the penal institution with commitment papers); KRS 421.520 (victim impact statements to be prepared and forwarded to officer responsible for preparation of presentence…”
Jeffrey Arington v. Commonwealth of Kentucky (Ky. 2024).
· cites it 2× “KRS 421.520(1) states that the “victim has the right to submit a written victim impact statement to the probation officer responsible for preparing the presentence investigation report for inclusion in the report or to the court should such a report be waived by the defendant.”
Phillips v. Commonwealth, 297 S.W.3d 593 (Ky. Ct. App. 2009).
· cites it 3× “050 applies to a victim impact statement submitted pursuant to KRS 421.520, so as to afford a defendant the opportunity to also controvert the contents of a victim impact statement.”
Shofner v. Commonwealth, 149 S.W.3d 401 (Ky. 2004).
· cites it 2× “KRS 421.520; KRS 532.050. In it he wrote, “The family and the prosecution strongly feel that the only appropriate sentence in this matter would be death or life without parole.”
— Ky. Rev. Stat. § 421.520(1) — 2 cases
Schroering v. McKinney, 906 S.W.2d 349 (Ky. 1995).
“McKinney, as noted by the Court of Appeals, as a victim, has an absolute statutory right, pursuant to KRS 421.520(1) to submit a written victim-impact statement.”
Jeffrey Arington v. Commonwealth of Kentucky (Ky. 2024).
“KRS 421.520(1) states that the “victim has the right to submit a written victim impact statement to the probation officer responsible for preparing the presentence investigation report for inclusion in the report or to the court should such a report be waived by the defendant.”
— Ky. Rev. Stat. § 421.520(2) — 2 cases
Nichols v. Commonwealth, 839 S.W.2d 263 (Ky. 1992).
“" This right to make an impact statement is more fully discussed in KRS 421.520, which, being more specific (and headed "Victim Impact Statement"), must control where it is inconsistent with Section .”
Wilson v. Commonwealth, 839 S.W.2d 17 (Ky. Ct. App. 1992).
“KRS 421.520 (Victim Impact Statement) provides the following: (1)The attorney for the Commonwealth shall notify the victim that, upon conviction of the defendant, the victim has the right to submit a written victim impact statement to the probation office responsible for…”
— Ky. Rev. Stat. § 421.520(3) — 5 cases
Hoskins v. Maricle, 150 S.W.3d 1 (Ky. 2004).
“A victim has the right to submit a "victim impact statement" pursuant to KRS 421.520, and the trial court must consider that statement "prior to any decision on the sentencing .”
Terry v. Commonwealth, 153 S.W.3d 794 (Ky. 2005).
“2004) (KRS 421.520(3) requires the trial judge to consider the victim impact statement submitted by "the victim" designated in KRS 421.”
Schroering v. McKinney, 906 S.W.2d 349 (Ky. 1995).
“McKinney, as noted by the Court of Appeals, as a victim, has an absolute statutory right, pursuant to KRS 421.520(1) to submit a written victim-impact statement.”
Wilson v. Commonwealth, 839 S.W.2d 17 (Ky. Ct. App. 1992).
“KRS 421.520 (Victim Impact Statement) provides the following: (1)The attorney for the Commonwealth shall notify the victim that, upon conviction of the defendant, the victim has the right to submit a written victim impact statement to the probation office responsible for…”
Jeffrey Arington v. Commonwealth of Kentucky (Ky. 2024).
“KRS 421.520(1) states that the “victim has the right to submit a written victim impact statement to the probation officer responsible for preparing the presentence investigation report for inclusion in the report or to the court should such a report be waived by the defendant.”
Annotations are extracted automatically from the opinions in the
Syfert caselaw corpus and ranked by authority, recency, and
treatment. Dots show Syfertize treatment of the citing case itself.