(1) When a person is convicted of a capital offense, he shall have his punishment fixed
at death, or at a term of imprisonment for life without benefit of probation or parole,
or at a term of imprisonment for life without benefit of probation or parole until he
has served a minimum of twenty-five (25) years of his sentence, or to a sentence of
life, or to a term of not less than twenty (20) years nor more than fifty (50) years.
(2) When a person is convicted of a Class A felony, he shall have his punishment fixed
at imprisonment in accordance with KRS 532.060.
(3) When a person is convicted of an offense other than a capital offense or Class A
felony, he shall have his punishment fixed at:
(a) A term of imprisonment authorized by this chapter; or
(b) A fine authorized by KRS Chapter 534; or
(c) Both imprisonment and a fine unless precluded by the provisions of KRS
Chapter 534.
(4) In all cases in which the death penalty may be authorized the judge shall instruct the
jury in accordance with subsection (1) of this section. The instructions shall state,
subject to the aggravating and mitigating limitations and requirements of KRS
532.025, that the jury may recommend upon a conviction for a capital offense a
sentence of death, or at a term of imprisonment for life without benefit of probation
or parole, or a term of imprisonment for life without benefit of probation or parole
until the defendant has served a minimum of twenty-five (25) years of his sentence,
or a sentence of life, or to a term of not less than twenty (20) years nor more than
fifty (50) years.
Effective: July 15, 1998
History: Amended 1998 Ky. Acts ch. 606, sec. 71, effective July 15, 1998. -- Amended
1984 Ky. Acts ch. 110, sec. 2, effective July 13, 1984. --Amended 1976 (1st Extra.
Sess.) Ky. Acts ch. 15, sec. 3, effective December 22, 1976. -- Created 1974 Ky.
Acts ch. 406, sec. 275, effective January 1, 1975.
Notes of Decisions
Caudill v. Commonwealth (2003)
ky · cites it 8×
“KRS 532.030. The jury should be asked the simple question "If you determine under the instructions of the court beyond a reasonable doubt that the defendant is guilty of intentional murder, could you consider the entire range of penalties provided by statutes of this…”
MacHniak v. Commonwealth (2011)
ky · cites it 12×
“10 while the appeal was pending, the resulting sentence of "three years if probated, but twenty years if probation is revoked" could not be upheld by this Court.”
Trowel v. Commonwealth (1977)
ky · cites it 6×
“” KRS 532.030(1), which prescribed the death penalty for capital offenses, provided that “any crime classified as a capital offense may at the discretion of the state be prosecuted as a Class A felony, provided such election to so prosecute is made at the time of indictment.”
Commonwealth v. Tiryung (1986)
ky · cites it 11×
“The issue in this case involves the interplay between KRS 532.030, styled “Authorized dispositions — generally,” and KRS 532.”
Brown v. Commonwealth (2010)
ky · cites it 2×
“Indeed, KRS 532.030(4) does provide that even in cases where the death penalty is authorized, the jury may recommend not only the three aggravated sentences (death, life without parole, and life without parole for twenty-five (25) years), but also the sentences associated with…”
Land v. Commonwealth (1999)
ky · cites it 8×
“Specifically, I am referring to the amended version of KRS 532.030(1), which took effect July 15, 1998, and which reinstated a sentence of life without the possibility of parole as an alternative sentence in cases in which the defendant qualifies for the death penalty.”
Commonwealth v. Phon (2000)
ky · cites it 4×
“Since the new penalty is more onerous than one of the two penalties previously authorized by KRS 532.030(1) and less onerous than the other, I am unable to conclude that the addition of the newly authorized penalty by the 1998 amendment of KRS 532.”
St. Clair v. Commonwealth (2004)
ky · cites it 2×
“" In a pretrial motion submitted by defense counsel, Appellant advised the trial court of the change in the law, stated that "[t]he accused hereby consents to application of the 1998 amendments to KRS 532.”
Grigsby v. Commonwealth (2010)
ky · cites it 4×
“Appellant stresses that his signed guilty plea did not specifically inform him of this right and that nothing in the record suggests he was so informed.”
Offutt v. Commonwealth (1990)
ky · cites it 6×
“KRS 532.030 was amended to make the death penalty optional, while the state's authority to prosecute murder as a Class A felony was repealed.”
— Ky. Rev. Stat. § 532.030(1) — 41 cases
Caudill v. Commonwealth (2003)
ky
“KRS 532.030. The jury should be asked the simple question "If you determine under the instructions of the court beyond a reasonable doubt that the defendant is guilty of intentional murder, could you consider the entire range of penalties provided by statutes of this…”
Trowel v. Commonwealth (1977)
ky
“” KRS 532.030(1), which prescribed the death penalty for capital offenses, provided that “any crime classified as a capital offense may at the discretion of the state be prosecuted as a Class A felony, provided such election to so prosecute is made at the time of indictment.”
Land v. Commonwealth (1999)
ky
“Specifically, I am referring to the amended version of KRS 532.030(1), which took effect July 15, 1998, and which reinstated a sentence of life without the possibility of parole as an alternative sentence in cases in which the defendant qualifies for the death penalty.”
Commonwealth v. Phon (2000)
ky
“Since the new penalty is more onerous than one of the two penalties previously authorized by KRS 532.030(1) and less onerous than the other, I am unable to conclude that the addition of the newly authorized penalty by the 1998 amendment of KRS 532.”
Grigsby v. Commonwealth (2010)
ky
“Appellant stresses that his signed guilty plea did not specifically inform him of this right and that nothing in the record suggests he was so informed.”
— Ky. Rev. Stat. § 532.030(2) — 2 cases
— Ky. Rev. Stat. § 532.030(3) — 5 cases
— Ky. Rev. Stat. § 532.030(4) — 4 cases
Brown v. Commonwealth (2010)
ky
“Indeed, KRS 532.030(4) does provide that even in cases where the death penalty is authorized, the jury may recommend not only the three aggravated sentences (death, life without parole, and life without parole for twenty-five (25) years), but also the sentences associated with…”
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