KRE 609: Impeachment by evidence of conviction of crime
Where this section sits in the code
- KENTUCKY RULES OF EVIDENCE ----- Legislative Research Commission Note (7/1/92). Although denominated "rules," the elements of the Kentucky Rules of Evidence were enacted as statutes by the Kentucky General Assembly. See 1990 Ky. Acts ch. 88; 1992 Ky. Acts ch. 324. Originally codified as KRS Chapter 422A in 1990, the Kentucky Rules of Evidence were renumbered by the Reviser of Statutes, effective July 1, 1992, pursuant to 1992 Ky. Acts ch. 324, sec. 34. By an order dated May 12, 1992, the Kentucky Supreme Court "adopt[ed] so much of the Kentucky Rules of Evidence as enacted by HB 241 [1992 Ky. Acts ch. 324] as comes within the rule making power of the Court, pursuant to Ky. Const. sec. 116."
(a) General rule. For the purpose of reflecting upon the credibility of a witness,
evidence that the witness has been convicted of a crime shall be admitted if elicited
from the witness or established by public record if denied by the witness, but only if
the crime was punishable by death or imprisonment for one (1) year or more under
the law under which the witness was convicted. The identity of the crime upon
which conviction was based may not be disclosed upon cross -examination unless
the witness has denied the existence of the conviction. However, a witness against
whom a conviction is admitted under this provision may choose to disclose the
identity of the crime upon which the conviction is based.
(b) Time limit. Evidence of a conviction under this rule i s not admissible if a period of
more than ten (10) years has elapsed since the date of the conviction unless the
court determines that the probative value of the conviction substantially outweighs
its prejudicial effect.
(c) Effect of pardon, annulment, or certificate of rehabilitation. Evidence of a
conviction is not admissible under this rule if the conviction has been the subject of
a pardon, annulment, or other equivalent procedure based on a finding of innocence.
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