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Bill Summary · HB 163

Overview

HB 163 (2026 Regular Session, Kentucky) amends Kentucky Revised Statutes to modify aggravating and mitigating circumstances and related sentencing procedures in cases where the death penalty may be imposed. The bill is titled “Angela's Law.”

  • Purpose: Clarify and expand the sentencing framework for capital cases, detailing what evidence may be considered, how juries and judges must handle presentence and sentencing procedures, and listing specific aggravating and mitigating factors that may influence death penalty decisions or alternative life-without-parole sentencing.

Key Provisions and Changes

  • Section 1: Amendments to KRS 532.025

    • Presentence hearing scope (death-eligible cases):
    • Judges may hear additional evidence in extenuation, mitigation, and aggravation, including prior convictions and pleas (guilty or nolo contendere). Evidence in aggravation must be information the state disclosed to the defendant before trial.
    • Juvenile records: Adjudications of guilt for offenses that would be felonies if committed by an adult are admissible in certain trials (adult trials or subsequent trials), subject to the Kentucky Rules of Evidence.
    • Use of juvenile records: May be used for impeachment and during the sentencing phase; however, such adjudications cannot be used to classify the defendant as a persistent felony offender.
    • Privacy of juvenile records: Release of treatment, medical, mental, or psychological records is barred unless presented as evidence in Circuit Court; records of abuse/neglect under federal law are also protected.
    • Procedure: The judge conducts the hearing after both sides present arguments on punishment. If death penalty may be imposed and the judge sits without a jury, the judge follows procedures in subsection (2).
    • If the court is reversed on appeal due to sentencing error, any new trial would address only the punishment issue.
    • Jury-presentence in death-penalty cases:
    • In jury-tried death-eligible cases, after a guilty verdict, the court shall resume the trial to conduct a presentence hearing before the jury, mirroring the judge-only process described above, including consideration of prior convictions and pleas.
    • The judge provides instructions to the jury, which then determines whether mitigating or aggravating circumstances exist and recommends a sentence. The judge then imposes a sentence within the law’s limits.
    • General sentencing framework:
    • The judge must consider mitigating and aggravating circumstances, including those authorized by law or specifically enumerated in subsection (2).

  • Section 2: Definition of “Angela's Law”

    • The act may be cited as Angela's Law.

  • Section 1, Subsection (2): Aggravating and mitigating circumstances

    • Aggravating circumstances (enumerated examples): 1) Prior capital offense conviction or substantial history of serious, assaultive convictions. 2) Offense committed during arson, first-degree robbery, first-degree burglary, first-degree rape, or first-degree sodomy. 3) Creation of a great risk of death to more than one person in a public place using a mass-destructive device or other weapon. 4) Murder committed for money or other monetary value or profit. 5) Offender was a prisoner and the victim was a prison employee performing duties. 6) Multiple deaths resulted from intentional killing. 7) Killing of a state/local public official or first responder. 8) Killing while an emergency protective order or DV-related order was in effect. 9) Killing of a child under age 12. 10) Abuse of the victim’s corpse (deviate/intercourse or sexual contact).
    • Mitigating circumstances (selected examples): 1) No significant prior criminal history. 2) Offense committed under extreme mental or emotional disturbance (not a defense by itself). 3) Victim participated or consented. 4) Defendant believed conduct had moral justification or extenuation (not a defense). 5) Defendant was an relatively minor participant as an accomplice. 6) Duress or domination by another person. 7) Impaired capacity due to mental illness, intellectual disability, or intoxication affecting understanding of criminality or ability to conform conduct (not a defense). 8) Youth of the defendant at the time of the crime.

  • Section 1, Subsection (3): Jury and judge instructions

    • Instructions reflecting allowable mitigating and aggravating factors must be given in writing to the jury.
    • If a jury recommends death or a life-without-probation/parole sentence, the foreman must sign the designated aggravating circumstance(s) found beyond a reasonable doubt.
    • In nonjury cases, the judge designates the aggravating circumstances found.
    • If no statutory aggravating circumstance is found, the death penalty or life-without-parole options shall not be imposed.

Who/What Is Affected

  • Defendants in Kentucky cases where the death penalty may be imposed.
  • Courts (trial judges and juries) handling capital cases, including presentence hearings and jury deliberations.
  • Juvenile offenders whose adjudications could be used in capital-case proceedings (subject to protections noted).
  • Prosecution and defense teams, given expanded evidence admissibility and specified aggravating/mitigating factors.
  • Records custodians for juvenile and related records, due to disclosure protections and admissibility rules.

Procedural and Timeline Aspects

  • Presentence hearings (judge-only) occur after conviction in death-eligible cases; if a jury trial occurs, a separate jury presentence hearing follows the guilty verdict.
  • Required consideration of specified aggravating/mitigating factors, with jury involvement in determining existence of such factors in jury-tried cases.
  • Designation of aggravating circumstances in writing by the jury foreman (or judge in nonjury trials) prior to sentencing.
  • Appeals: If reversal occurs due to sentencing errors, any new trial would address punishment rather than guilt issues.
  • Privacy protections for juvenile records and related abuse/neglect records in accordance with the bill’s provisions.

Summary

HB 163 enhances and clarifies the sentencing framework in Kentucky capital cases by detailing what evidence can be considered, how juries and judges must assess aggravating and mitigating factors, and how juvenile records may be used. It codifies a structured process for pre-sentence and presentence proceedings, specifies a list of aggravating and mitigating circumstances, and requires written jury findings when imposing death or life-without-parole sentences. The measure aims to balance rigorous consideration of aggravation with meaningful mitigation while protecting certain juvenile records and ensuring procedural safeguards.

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

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