felonies.
(1) When a person has been convicted of an offense or has entered a plea of guilty to an
offense classified as a Class A, B, or C felony and the commission of the offense
involved the use of a weapon from which a shot or projectile may be discharged that
is readily capable of producing death or other serious physical injury, the person
shall not be eligible for probation, shock probation, or conditional discharge, except
when the person establishes that the person against whom the weapon was used had
previously or was then engaged in an act or acts of domestic violence and abuse as
defined in KRS 403.720 against either the person convicted or a family member as
defined in KRS 403.720 of the person convicted. If the person convicted claims to
be exempt from this statute because that person was the victim of domestic violence
and abuse as defined in KRS 403.720, the trial judge shall conduct a hearing and
make findings to determine the validity of the claim and applicability of this
exemption. The findings of the court shall be noted in the final judgment.
(2) When a person has been convicted of a felony and is committed to a correctional
detention facility and released on parole or has been released by the court on
probation, shock probation, or conditional discharge, and is convicted or enters a
plea of guilty to a felony committed while on parole, probation, shock probation, or
conditional discharge, the person shall not be eligible for probation, shock
probation, or conditional discharge and the period of confinement for that felony
shall not run concurrently with any other sentence.
(3) When a person commits an offense while awaiting trial for another offense, and is
subsequently convicted or enters a plea of guilty to the offense committed while
awaiting trial, the sentence imposed for the offense committed while awaiting trial
shall not run concurrently with confinement for the offense for which the person is
awaiting trial.
Effective: July 15, 1994
History: Amended 1994 Ky. Acts ch. 418, sec. 14, effective July 15, 1994. – Amended
1992 Ky. Acts ch. 173, sec. 3, effective July 14, 1992; and ch. 211, sec. 139,
effective July 14, 1992. -- Amended 1986 Ky. Acts ch. 331, sec. 62, effective July
15, 1986. -- Created 1976 Ky. Acts ch. 180, sec. 2, effective June 19, 1976.
Notes of Decisions
Cited in
140
cases (
40 in the last 5 years), 1977–2026 · leading case:
Cosby v. Commonwealth, 147 S.W.3d 56 (Ky. 2004).
Cosby v. Commonwealth, 147 S.W.3d 56 (Ky. 2004).
· cites it 56× “Thus, we must look at all of the provisions of KRS 533.060. There is no doubt that, with regard to KRS 533.”
Commonwealth v. Vincent, 70 S.W.3d 422 (Ky. 2002).
· cites it 50× “3401 and KRS 533.060. Vincent presented sufficient evidence to support a finding that she had been a victim of domestic abuse and that Hitchcock was the victimizer.”
Commonwealth v. Love, 334 S.W.3d 92 (Ky. 2011).
· cites it 22× “" [9] *95 We held that KRS 533.060 was inapplicable because "[t]he conviction [that felony] referred to in that section is the subsequent one, not the first.”
Williams v. Commonwealth, 829 S.W.2d 942 (Ky. Ct. App. 1992).
· cites it 31× “110(1) and (2) and KRS 533.060 in Commonwealth v. Martin, Ky.”
Peyton v. Commonwealth, 253 S.W.3d 504 (Ky. 2008).
· cites it 16× “Accordingly, the crux of the present issue becomes whether the trial court properly applied KRS 533.060(2) in its treatment of Appellant’s sentence.”
Devore v. Commonwealth, 662 S.W.2d 829 (Ky. 1984).
· cites it 21× “" In my view the provisions in KRS 533.060 are directed to the fact that sentences for new offenses shall not run concurrently with past offenses for which the defendant is on parole.”
Springer v. Commonwealth, 998 S.W.2d 439 (Ky. 1999).
· cites it 8× “" The 1992 legislature also amended this statute to add a new subsection (4): This section shall not apply to a person who has been determined by a court to have been a victim of domestic violence or abuse pursuant to KRS 533.060 with regard to the offenses involving the death…”
White v. Commonwealth, 32 S.W.3d 83 (Ky. Ct. App. 2000).
· cites it 12× “The Commonwealth filed a response contending that White was not eligible to receive a concurrent sentence under KRS 533.060(2). The trial court denied the motion.”
Blackburn v. Commonwealth, 394 S.W.3d 395 (Ky. 2011).
· cites it 18× “110(l)(c) and KRS 533.060(2), which states: When a person has been convicted of a felony and is committed to a correctional detention facility and released on parole or has been released by the court on probation, shock probation, or conditional discharge, and is convicted or…”
Cardwell v. Commonwealth, 12 S.W.3d 672 (Ky. 2000).
· cites it 12× “However, unlike the case at bar, the Corrections Cabinet set the sentences to run consecutively pursuant to the dictates of KRS 533.060. Id. The issue addressed on appeal was whether the Corrections Cabinet exceeded its authority in setting the appellants' sentences to run…”
Moore v. Commonwealth, 990 S.W.2d 618 (Ky. 1999).
· cites it 15× “This appeal is from a decision of the Court of Appeals which held that the circuit court properly sentenced Moore to consecutive prison terms pursuant to KRS 533.060(3). The issue presented is whether KRS 533.”
Holland v. Commonwealth, 192 S.W.3d 433 (Ky. Ct. App. 2006).
· cites it 16× “The trial court found that the statutory exception could not be applied to appellant's offense because of the statute's reference to KRS 533.060 which indicates that appellant could only benefit from it if she had used a weapon in causing the death of her husband, L.”
— Ky. Rev. Stat. § 533.060(1) — 29 cases
Williams v. Commonwealth, 829 S.W.2d 942 (Ky. Ct. App. 1992).
“110(1) and (2) and KRS 533.060 in Commonwealth v. Martin, Ky.”
Commonwealth v. Vincent, 70 S.W.3d 422 (Ky. 2002).
“3401 and KRS 533.060. Vincent presented sufficient evidence to support a finding that she had been a victim of domestic abuse and that Hitchcock was the victimizer.”
Springer v. Commonwealth, 998 S.W.2d 439 (Ky. 1999).
“" The 1992 legislature also amended this statute to add a new subsection (4): This section shall not apply to a person who has been determined by a court to have been a victim of domestic violence or abuse pursuant to KRS 533.060 with regard to the offenses involving the death…”
— Ky. Rev. Stat. § 533.060(2) — 62 cases
Peyton v. Commonwealth, 253 S.W.3d 504 (Ky. 2008).
“Accordingly, the crux of the present issue becomes whether the trial court properly applied KRS 533.060(2) in its treatment of Appellant’s sentence.”
White v. Commonwealth, 32 S.W.3d 83 (Ky. Ct. App. 2000).
“The Commonwealth filed a response contending that White was not eligible to receive a concurrent sentence under KRS 533.060(2). The trial court denied the motion.”
Commonwealth v. Love, 334 S.W.3d 92 (Ky. 2011).
“" [9] *95 We held that KRS 533.060 was inapplicable because "[t]he conviction [that felony] referred to in that section is the subsequent one, not the first.”
Devore v. Commonwealth, 662 S.W.2d 829 (Ky. 1984).
“" In my view the provisions in KRS 533.060 are directed to the fact that sentences for new offenses shall not run concurrently with past offenses for which the defendant is on parole.”
Blackburn v. Commonwealth, 394 S.W.3d 395 (Ky. 2011).
“110(l)(c) and KRS 533.060(2), which states: When a person has been convicted of a felony and is committed to a correctional detention facility and released on parole or has been released by the court on probation, shock probation, or conditional discharge, and is convicted or…”
— Ky. Rev. Stat. § 533.060(3) — 43 cases
Cosby v. Commonwealth, 147 S.W.3d 56 (Ky. 2004).
“Thus, we must look at all of the provisions of KRS 533.060. There is no doubt that, with regard to KRS 533.”
Moore v. Commonwealth, 990 S.W.2d 618 (Ky. 1999).
“This appeal is from a decision of the Court of Appeals which held that the circuit court properly sentenced Moore to consecutive prison terms pursuant to KRS 533.060(3). The issue presented is whether KRS 533.”
Cardwell v. Commonwealth, 12 S.W.3d 672 (Ky. 2000).
“However, unlike the case at bar, the Corrections Cabinet set the sentences to run consecutively pursuant to the dictates of KRS 533.060. Id. The issue addressed on appeal was whether the Corrections Cabinet exceeded its authority in setting the appellants' sentences to run…”
Devore v. Commonwealth, 662 S.W.2d 829 (Ky. 1984).
“" In my view the provisions in KRS 533.060 are directed to the fact that sentences for new offenses shall not run concurrently with past offenses for which the defendant is on parole.”
— Ky. Rev. Stat. § 533.060(8) — 1 case
Blackburn v. Commonwealth, 394 S.W.3d 395 (Ky. 2011).
“110(l)(c) and KRS 533.060(2), which states: When a person has been convicted of a felony and is committed to a correctional detention facility and released on parole or has been released by the court on probation, shock probation, or conditional discharge, and is convicted or…”
— Ky. Rev. Stat. § 533.060(Z) — 1 case
— Ky. Rev. Stat. § 533.060(l) — 1 case
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