SB 80 — AN ACT relating to crime victims' rights.

UNOFFICIAL COPY 20 RS BRSB 1180/GA AN ACT relating to crime victims' rights.

If the victim is a minor, incapacitated, or deceased, "victim" also means one (1) or more of the victim's spouse, parents, siblings, children, or other lawful representatives which shall be designated by the court unless the Page 1 of 8 BR001100.100SB008010.100 - 11 - XXXX JacketedGA UNOFFICIAL COPY 20 RS BRSB 1180/GA person is the defendant or a person the court finds would not act in the best interests of the victim.

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(a) All victims and witnesses who are required to attend criminal justice Page 3 of 8 BR001100.100SB008010.100 - 11 - XXXX JacketedGA UNOFFICIAL COPY 20 RS BRSB 1180/GA proceedings are notified promptly of any scheduling changes that affect their appearances;

and Page 4 of 8 BR001100.100SB008010.100 - 11 - XXXX JacketedGA UNOFFICIAL COPY 20 RS BRSB 1180/GA (e) The victim of crime may, pursuant to KRS 15.247, receive protection from harm and threats of harm arising out of cooperation with law enforcement and prosecution efforts.

(11) Full restitution to a named victim, if there is a named victim, shall be ordered by the court to be paid by the convicted or adjudicated party in a manner consistent, insofar as possible, with this section and KRS 439.563, 532.032, 532.033, Page 5 of 8 BR001100.100SB008010.100 - 11 - XXXX JacketedGA UNOFFICIAL COPY 20 RS BRSB 1180/GA 533.020, and 533.030 in addition to any other penalty.

(2) The impact statement may contain, but need not be limited to, a description of the nature and extent of any physical, psychological or financial harm suffered by the victim, the victim's need for restitution and whether the victim has applied for or Page 6 of 8 BR001100.100SB008010.100 - 11 - XXXX JacketedGA UNOFFICIAL COPY 20 RS BRSB 1180/GA received compensation for financial loss, and the victim's recommendation for an appropriate sentence.

(3) The jailer or chief administrator of a juvenile detention facility, regional jail, or county jail, or any of their respective designees, who acts in good faith in making available the release information required by KRS 196.280, or in good faith fails or is unable to provide the release information required by KRS 196.280, and who is sued for any act or omission in relation to KRS 196.280, and who has a judgment Page 7 of 8 BR001100.100SB008010.100 - 11 - XXXX JacketedGA UNOFFICIAL COPY 20 RS BRSB 1180/GA rendered against him and who personally suffers actual financial loss, unreimbursed from any source, by the enforcement and satisfaction of the judgment, including any costs or attorney's fees awarded pursuant thereto, shall be indemnified by the Commonwealth from funds appropriated to the Finance and Administration Cabinet for the payment of judgments, to the extent of his actual financial loss.

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