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Bill

SB 126

AN ACT proposing to amend Sections 77 and 240 of the Constitution of Kentucky relating to limiting the Governor's ability to grant pardons and commute sentences.

2025 Regular Session

Kentucky constitutional amendment limiting Governor's pardon and sentence commutation authority passed Senate, now in House review.

to Elections, Const. Amendments & Intergovernmental Affairs (H)
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Bill Summary · SB 126

Legislative bill overview

SB 126 proposes amending Kentucky's Constitution to restrict the Governor's power to grant pardons and commute sentences. The bill passed the Senate 37-0-1 in February 2025 and is currently in House committee. This constitutional amendment would require legislative approval and voter ratification to take effect.

Why is this important

The Governor's pardon and commutation powers are fundamental executive authorities used for mercy, correcting injustices, and addressing case-specific circumstances. Limiting these powers significantly shifts Kentucky's balance of government authority and could affect individuals seeking relief from convictions or sentences. Constitutional amendments represent major structural changes to state government with lasting implications.

Potential points of contention

  • Executive power reduction: Restricting a core gubernatorial function may be viewed as undermining necessary executive discretion or as a prudent check on unchecked power, depending on political perspective
  • Justice system concerns: Criminal justice advocates may worry restrictions prevent correcting wrongful convictions, while crime victims' rights groups may support limiting gubernatorial clemency they view as circumventing sentences
  • Partisan considerations: The amendment's timing and near-unanimous passage suggest possible political motivations, as pardon powers can become flashpoints between governors and legislatures of different parties

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

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