{"data":{"id":"us-ky/krs-532.300","jurisdiction":"us-ky","citation":"KRS 532.300","heading":"Prohibition against death sentence being sought or given on the basis of","body":"race -- Procedures for dealing with claims.\n(1) No person shall be subject to or given a sentence of death that was sought on the\nbasis of race.\n(2) A finding that race was the b asis of the decision to seek a death sentence may be\nestablished if the court finds that race was a significant factor in decisions to seek\nthe sentence of death in the Commonwealth at the time the death sentence was\nsought.\n(3) Evidence relevant to establ ish a finding that race was the basis of the decision to\nseek a death sentence may include statistical evidence or other evidence, or both,\nthat death sentences were sought significantly more frequently:\n(a) Upon persons of one race than upon persons of another race; or\n(b) As punishment for capital offenses against persons of one race than as\npunishment for capital offenses against persons of another race.\n(4) The defendant shall state with particularity how the evidence supports a claim that\nracial consid erations played a significant part in the decision to seek a death\nsentence in his or her case. The claim shall be raised by the defendant at the pre-trial\nconference. The court shall schedule a hearing on the claim and shall prescribe a\ntime for the submi ssion of evidence by both parties. If the court finds that race was\nthe basis of the decision to seek the death sentence, the court shall order that a death\nsentence shall not be sought.\n(5) The defendant has the burden of proving by clear and convincing e vidence that race\nwas the basis of the decision to seek the death penalty. The Commonwealth may\noffer evidence in rebuttal of the claims or evidence of the defendant.","path":["KRS Chapter 532"],"source_url":"https://apps.legislature.ky.gov/law/statutes/statute.aspx?id=20066","current_through":"Includes enactments through the 2026 Regular Session","vintage":"09/05/2026","retrieved_at":"2026-09-05T21:00:06Z","sha256":"3d7d0b2a87139f2830058a26767878ec68ef62227132932c7e0cee7294bb0777","source_id":"us-ky","stale":false,"prev":"us-ky/krs-532.262","next":"us-ky/krs-532.305"},"notice":"GroundRules: Original legal text. Not legal advice."}