No new law shall be construed to repeal a former law as to any offense committed against
a former law, nor as to any act done, or penalty, forfeiture or punishment incurred, or any
right accrued or claim arising under the former law, or in any way whatever to affect any
such offense or act so committed or done, or any penalty, forfeiture or punishment so
incurred, or any right accrued or claim arising before the new law takes effect, except that
the proceedings thereafter had shall conform, so far as practicable, to the laws in force at
the time of such proceedings. If any penalty, forfeiture or punishment is mitigated by any
provision of the new law, such provision may, by the consent of the party affected, be
applied to any judgment pronounced after the new law takes effect.
Effective: October 1, 1942
History: Recodified 1942 Ky. Acts ch. 208, sec. 1, effective October 1, 1942, from Ky.
Stat. sec. 465.
Notes of Decisions
Rodgers v. Commonwealth (2009)
ky · cites it 33×
“As the parties correctly note, our savings statute, KRS 446.110, one of the oldest statutes carried forward into the current Kentucky Revised Statutes, [4] provides in pertinent part that [n]o new law shall be construed to repeal a former law as to any offense committed against…”
Commonwealth v. Phon (2000)
ky · cites it 18×
“080(3), which mandates that retroactive application of a statute be expressly stated, and 2) KRS 446.110, which allows mitigating provisions of new laws to be applied retroactively if the affected party consents.”
Lawson v. Commonwealth (2001)
ky · cites it 9×
“Phon 40 and held that KRS 446.110 governs the retrospective application of legislative amendments to punishment provisions of the Kentucky Penal Code.”
Furnish v. Commonwealth (2002)
ky · cites it 6×
“The trial court ruled that the decision whether to apply the new sentencing provisions contained in HB 455 was controlled by KRS 446.110, which permits a newly enacted penalty to be applied retroactively if it is mitigating.”
Blane v. Commonwealth (2012)
ky · cites it 7×
“Citing KRS 446.110, 22 Appellant seeks to invoke KRS 218A.”
St. Clair v. Commonwealth (2004)
ky · cites it 4×
“KRS 446.110 provides: "If any penalty, forfeiture or punishment is mitigated by any provision of the new law, such provision may, by the consent of the party affected, be applied to any judgment pronounced *526 after the new law takes effect.”
Kotila v. Commonwealth (2003)
ky · cites it 4×
“1437(1), as a lesser included offense, citing KRS 446.110, which provides in pertinent part: If any penalty, forfeiture or punishment is mitigated by any provision of the new law, such provision may, by the consent of the party affected, be applied to any judgment pronounced…”
Scot E. Gaither v. Commonwealth of Kentucky (2017)
ky · cites it 5×
“The applicable version of the statutes regarding the scope of victim impact evidence is determined by our construction of the ex post facto clauses of the state and federal constitutions 6 and KRS 446.110 7 which govern the retrospective application of statutes in criminal cases.”
Graves v. Commonwealth (2012)
ky · cites it 3×
“Appellant argues that, based upon KRS 446.110, 7 he should have been sentenced under the amended classification.”
Rogers v. Commonwealth (2012)
ky · cites it 3×
“Rogers relies on KRS 446.110, which, in pertinent part, provides that “[i]f any penalty, forfeiture or punishment is mitigated by any provision of [a] new law, such provision may, by the consent of the party affected, be applied to any judgment pronounced after the new law takes…”
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.