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Bill Summary · HB 255

Bill Summary: HB 255 (2026 Regular Session, Kentucky)

Purpose and Intent

  • Establishes new sentencing procedures in non-felony criminal cases by shifting some sentencing decisions from the judge to the jury after a GUILTY or GUILTY BUT MENTALLY ILL verdict.
  • Aims to have juries participate directly in determining punishment within the statutory framework of Kentucky’s criminal procedure.

Key Provisions and Changes

  1. Verdict Determination in Non-Felonies (Section 1(1))

    • For all non-felony cases, the jury’s initial verdict must include one of the following: not guilty, guilty, guilty but mentally ill, or not guilty by reason of insanity.

  2. Sentencing Hearing and Jury Role (Section 1(2))

    • If the verdict is guilty or guilty but mentally ill, and the case was tried before a jury, the court must hold a sentencing hearing before the jury.
    • During this hearing, the jury determines the punishment to be imposed, consistent with the existing statute KRS 532.090.
    • The jury also determines whether sentences should run concurrently or consecutively.

  3. Evidence and Mitigation at Sentencing (Section 1(3))

    • The Commonwealth may present evidence relevant to sentencing, including:
      • Defendant’s prior convictions (felony and misdemeanor).
      • Nature of prior offenses.
      • Timeline details: date of prior offenses, sentencing, and release from confinement or supervision.
      • Maximum expiration of sentence as determined by the Division of Probation and Parole for all current and prior offenses.
      • Defendant’s status (on probation, parole, post-incarceration supervision, conditional discharge, etc.).
      • Impact on victims, including physical, psychological, or financial harm.
    • The defendant may present mitigating evidence or evidence in support of leniency.

  4. Judicial Instructions and Argument (Section 1(3))

    • After evidence is presented, the court must instruct the jury on the range of punishment.
    • Both defense counsel and prosecuting counsel may present arguments.
    • The jury retires to determine and recommend a sentence.

  5. Hung Jury on Sentencing (Section 1(4))

    • If the jury reports it cannot agree on the sentence (or any portion), the judge shall impose the sentence under KRS 532.090.

Affected Parties and Entities

  • Defendants in non-felony cases: Direct procedural change, as jury involvement in sentencing becomes mandatory after a guilty verdict.
  • Juries (in non-felony cases): New role to determine punishment and whether sentences run concurrently or consecutively.
  • Commonwealth (prosecution): Retains ability to present sentencing-related evidence; however, the weight and form of presentation may adapt to jury-driven sentencing.
  • Judges: Maintain authority to oversee sentencing process, instruct juries, and, if necessary, impose the sentence if the jury cannot reach a verdict.

Procedural and Timeline Considerations

  • The bill creates a two-stage process for non-felony cases: 1) Initial verdict by the jury (not guilty, guilty, guilty but mentally ill, not guilty by reason of insanity). 2) Post-verdict sentencing hearing before the jury, where the punishment is determined with guidance from the court.
  • The jury also makes a contemporaneous decision on whether sentences run concurrently or consecutively.
  • If the jury cannot agree on the sentence, the judge imposes the sentence under existing statutory provision (KRS 532.090).
  • The provisions apply specifically to non-felony cases; felonies are not explicitly addressed beyond the general language in the section.

Notes

  • This summary reflects the text of UNOFFICIAL COPY 26 RS BR 1577 as introduced in January 2026.
  • The bill adds a significant shift in sentencing dynamics for non-felony offenses by granting juries a direct role in determining punishment, subject to the statutory framework governing sentencing ranges and concurrency.

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

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