KRS 532.300: Prohibition against death sentence being sought or given on the basis of

race -- Procedures for dealing with claims.

(1) No person shall be subject to or given a sentence of death that was sought on the

basis of race.

(2) A finding that race was the b asis of the decision to seek a death sentence may be

established if the court finds that race was a significant factor in decisions to seek

the sentence of death in the Commonwealth at the time the death sentence was

sought.

(3) Evidence relevant to establ ish a finding that race was the basis of the decision to

seek a death sentence may include statistical evidence or other evidence, or both,

that death sentences were sought significantly more frequently:

(a) Upon persons of one race than upon persons of another race; or

(b) As punishment for capital offenses against persons of one race than as

punishment for capital offenses against persons of another race.

(4) The defendant shall state with particularity how the evidence supports a claim that

racial consid erations played a significant part in the decision to seek a death

sentence in his or her case. The claim shall be raised by the defendant at the pre-trial

conference. The court shall schedule a hearing on the claim and shall prescribe a

time for the submi ssion of evidence by both parties. If the court finds that race was

the basis of the decision to seek the death sentence, the court shall order that a death

sentence shall not be sought.

(5) The defendant has the burden of proving by clear and convincing e vidence that race

was the basis of the decision to seek the death penalty. The Commonwealth may

offer evidence in rebuttal of the claims or evidence of the defendant.