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SB 171/FN/LM/CI (BR 1096) - G. Neal, B. Bailey, W. Blevins, D. Boswell, F. Bradley, T. Buford, P. Herron Jr, B. Jackson, G. Johnson, N. Kafoglis, D. Karem, D. Nunnelley, J. Pendleton, L. Saunders, E. Scorsone, D. Seum
AN ACT relating to the fair and reliable imposition of capital sentences.
Create a new section of KRS Chapter 532 to prohibit execution of a person when evidence shows racial bias in prosecution or sentencing; create a new section of KRS Chapter 532 to require Supreme Court of Kentucky and other agencies to open records relating to the death penalty and its imposition; create a new section of KRS Chapter 532 to require defendant to file notice of claim of racial bias 30 days prior to trial and give evidence to bias to prosecution 10 days before a hearing on the matter.
SB 171 - AMENDMENTS
SCS/FN/CI - Retain provisions of bill, but allow, rather than require, the court to find racial bias based on statistical evidence; require the defendant to raise the claim thirty days before trial or later upon good cause shown; allow the Commonwealth to present statistical evidence in rebuttal.
SFA (1, G. Neal) - Prohibit racial bias only in decisions to seek the death penalty, rather than in decisions to seek or impose; clarify that the racial bias hearing is to be held pre-trial.
SFA (2, G. Neal) - Prohibit racial bias only in decisions to seek the death penalty, rather than in decisions to seek or impose; require defendants to raise bias claims at the pre-trial conference, rather than thirty days prior to trial.
SFA (3, D. Kelly) - Delete provision providing Commonwealth has burden of proof for rebutting claim that race was a factor in seeking or imposing the death penalty.
SFA (4, D. Kelly) - Delete provision prohibiting Commonwealth from asserting that it did not intend to discriminate or that case met statutory criteria for seeking or imposing death penalty; add provisions for jury instructions in death penalty cases; provide for voir dire examination of jurors with regard to racial prejudice in death penalty cases; provide for change of venue in death penalty case where racial prejudice may be factor at trial.
SFA (5, T. Philpot) - Delete provision providing Commonwealth has burden of proof for rebutting claim that race was a factor in seeking or imposing death penalty; replace with provision permitting Commonwealth to counter claims of the defendant.
SFA (6, T. Philpot) - Prohibit use of statistical evidence of death sentences imposed prior to effective date of the Act.
SFA (7, T. Philpot) - Change the geographic area from which evidence of racial bias in seeking or imposing death penalty is used from the Commonwealth to the Judicial Circuit in which the trial is held.
SFA (8, T. Philpot) - Delete provision citing bill as the Kentucky Racial Justice Act.
SFA (9, T. Philpot) - Require that evidence used to establish race as a factor in seeking or imposing the death penalty be timely and relevant.
SFA (10, T. Philpot) - Delete provision requiring assertion of racial prejudice prior to trial and replace with a provision where defendant may assert racial prejudice within 30 days after imposition of the death sentence by the court.
SFA (11, D. Williams) - Delete provision prohibiting Commonwealth from asserting that it did not intend to discriminate or that case met statutory criteria for seeking or imposing death penalty; add provisions for jury instructions in death penalty cases; provide for voir dire examination of jurors with regard to racial prejudice in death penalty cases; provide for change of venue in death penalty case where racial prejudice may be factor at trial.
SFA (12, G. Neal) - Prohibit racial bias only in decisions to seek the death penalty, rather than in decisions to seek or impose; require defendants to raise bias claims at the pre-trial conference, rather than thirty (30) days prior to trial; allow the commonwealth to offer rebuttal to the claims of the defendant.
HFA (1, J. Vincent) - Prohibit the compelling of a Commonwealth's attorney, or a person employed in the Commonwealth's attorney's office, from having to testify in a hearing on racial bias in a capital case.
HFA (2, S. Cave) - Delete reference to pretrial hearing and to prohibiting seeking death penalty, replace with provision holding hearing within 30 days after verdict and before final sentencing and if racial bias is shown, to reduce the death sentence to life imprisonment without probation or parole.
HFA (3, M. Treesh) - Replace original provisions with new provisions relating to examining jurors regarding racial prejudice in death penalty cases and requiring jurors to attest to fairness; retain original provision prohibiting retroactive application; retain name of act.
HFA (4, S. Cave) - Limit evidence to statistical evidence relating to county in which crime was alleged to have been committed or to county in which trial is held.
HFA (5, S. Cave) - Limit the statistical evidence to be introduced to evidence relating solely to the county in which the crime was alleged to be committed or, in the case of a change of venue, to the county in which the case is bring tried.
Jan 16-introduced in Senate
Jan 20-to Judiciary (S)
Jan 28-reported favorably, 1st reading, to Calendar with Committee Substitute
Jan 29-2nd reading, to Rules
Feb 2-floor amendments (1) (2) (3) (4) (5) (6) (7) (8) (9) (10) and (11) filed to Committee Substitute; posted for passage in the Regular Orders of the Day for February 3, 1998
Feb 3-floor amendment (12) filed to Committee Substitute; passed over and retained in the Orders of the Day
Feb 4-passed over and retained in the Orders of the Day
Feb 5-3rd reading, floor amendments (1) (2) (3) (4) (5) (6) and (8) withdrawn; floor amendments (7) (9) (10) and (11) defeated; passed 22-12 with Committee Substitute and floor amendment (12)
Feb 6-received in House
Feb 9-to Judiciary (H)
Mar 10-posted in committee
Mar 17-reported favorably, 1st reading, to Calendar
Mar 18-2nd reading, to Rules; floor amendment (1) filed
Mar 24-recommitted to Appropriations and Revenue (H)
Mar 25-posting waived
Mar 26-floor amendment (2) filed
Mar 27-reported favorably, to Rules; floor amendment (3) filed; posted for passage in the Regular Orders of the Day for March 30, 1998
Mar 30-floor amendments (4) and (5) filed; 3rd reading; floor amendments (2) (3) and (5) defeated; passed 70-23
Mar 31-received in Senate; enrolled, signed by each presiding officer, delivered to Governor
Apr 2-signed by Governor
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