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HB 394

AN ACT proposing to amend Section 77 of the Constitution of Kentucky relating to limiting the Governor's ability to grant pardons.

2025 Regular Session

HB 394 proposes amending Kentucky's constitution to restrict the Governor's pardon authority, requiring voter approval to limit executive clemency powers.

to Elections, Const. Amendments & Intergovernmental Affairs (H)
#constitution #ky. #countyclerks #crimesandpunishments #electionsandvoting #governor #localmandate #secretaryofstate
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Bill Summary · HB 394

Legislative bill overview

HB 394 proposes a constitutional amendment to modify Kentucky's gubernatorial pardon powers under Section 77 of the state constitution. The bill would limit the Governor's ability to grant pardons, though the specific restrictions are not detailed in the bill summary provided. This requires passage by the legislature and voter approval through referendum to take effect.

Why is this important

The Governor's pardon power is a significant executive authority that affects criminal justice outcomes and individual liberty. Changes to this power can reshape how mercy, redemption, and criminal justice are balanced in the state, while also reflecting broader debates about executive authority and accountability. Constitutional amendments are relatively permanent changes that require substantial political will to reverse.

Potential points of contention

  • Executive power vs. legislative oversight: Limiting gubernatorial pardon authority represents a shift in the balance of power between branches, with concerns about whether the legislature should constrain executive discretion in individual cases
  • Criminal justice and redemption: Advocates for criminal justice reform may oppose restrictions, viewing pardon power as essential for correcting wrongful convictions or excessive sentences, while public safety advocates may support limitations
  • Specificity of restrictions: The amendment's actual scope matters significantly—whether it caps pardon numbers, requires legislative approval, eliminates certain categories of crimes, or imposes other conditions will determine its practical impact

Compiled from official sources — confirm details with the bill’s official record.

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