Ky. Const. art. I, § 26A — Article I / Section 26A
Ky. Const. § 26A
Status: in_force

Section 26A   Rights of victims of crime. 
To secure for victims of criminal acts or public offenses justice and due process and to 
ensure crime victims a meaningful role throughout the criminal and juvenile justice 
systems, a victim, as defined by law which takes effect upon the enactment of this section 
and which may be expanded by the General Assembly, shall have the following rights, 
which shall be respected and protected by law in a manner no less vigorous than the 
protections afforded to the accused in the criminal and juvenile justice systems: victims 
shall have the reasonable right, upon request, to timely notice of all proceedings and to be 
heard in any proceeding involving a release, plea, sentencing, or in the consideration of 
any pardon, commutation of sentence, granting of a reprieve, or other matter involving 
the right of a victim other than grand jury proceedings; the right to be present at the trial 
and all other proceedings, other than grand jury proceedings, on the same basis as the 
accused; the right to proceedings free from unreasonable delay; the right to consult with 
the attorney for the Commonwealth or the attorney's designee; the right to reasonable 
protection from the accused and those acting on behalf of the accused throughout the 
criminal and juvenile justice process; the right to timely notice, upon request, of release 
or escape of the accused; the right to have the safety of the victim and the victim’s family 
considered in setting bail, determining whether to release the defendant, and setting 
conditions of release after arrest and conviction; the right to full restitution to be paid by 
the convicted or adjudicated party in a manner to be determined by the court, except that 
in the case of a juvenile offender the court shall determine the amount and manner of 
paying the restitution taking into consideration the best interests of the juvenile offender 
and the victim; the right to fairness and due consideration of the crime victim's safety, 
dignity, and privacy; and the right to be informed of these enumerated rights, and shall 
have standing to assert these rights. The victim, the victim's attorney or other lawful 
representative, or the attorney for the Commonwealth upon request of the victim may 
seek enforcement of the rights enumerated in this section and any other right afforded to 
the victim by law in any trial or appellate court with jurisdiction over the case. The court 
shall act promptly on such a request and afford a remedy for the violation of any right. 
Nothing in this section shall afford the victim party status, or be construed as altering the 
presumption of innocence in the criminal justice system. The accused shall not have 
standing to assert the rights of a victim. Nothing in this section shall be construed to alter 
the powers, duties, and responsibilities of the prosecuting attorney. Nothing in this 
section or any law enacted under this section creates a cause of action for compensation, 
attorney's fees, or damages against the Commonwealth, a county, city, municipal 
corporation, or other political subdivision of the Commonwealth, an officer, employee, or 
agent of the Commonwealth, a county, city, municipal corporation, or any political 
subdivision of the Commonwealth, or an officer or employee of the court. Nothing in this 
section or any law enacted under this section shall be construed as creating: 
(1) 
A basis for vacating a conviction; or 
(2) 
A ground for any relief requested by the defendant. 
Text as Ratified on:  November 3, 2020. 
History:  Creation proposed by 2020 Ky. Acts ch. 85, sec. 2.Section 26A   Rights of victims of crime. 
To secure for victims of criminal acts or public offenses justice and due process and to 
ensure crime victims a meaningful role throughout the criminal and juvenile justice 
systems, a victim, as defined by law which takes effect upon the enactment of this section 
and which may be expanded by the General Assembly, shall have the following rights, 
which shall be respected and protected by law in a manner no less vigorous than the 
protections afforded to the accused in the criminal and juvenile justice systems: victims 
shall have the reasonable right, upon request, to timely notice of all proceedings and to be 
heard in any proceeding involving a release, plea, sentencing, or in the consideration of 
any pardon, commutation of sentence, granting of a reprieve, or other matter involving 
the right of a victim other than grand jury proceedings; the right to be present at the trial 
and all other proceedings, other than grand jury proceedings, on the same basis as the 
accused; the right to proceedings free from unreasonable delay; the right to consult with 
the attorney for the Commonwealth or the attorney's designee; the right to reasonable 
protection from the accused and those acting on behalf of the accused throughout the 
criminal and juvenile justice process; the right to timely notice, upon request, of release 
or escape of the accused; the right to have the safety of the victim and the victim’s family 
considered in setting bail, determining whether to release the defendant, and setting 
conditions of release after arrest and conviction; the right to full restitution to be paid by 
the convicted or adjudicated party in a manner to be determined by the court, except that 
in the case of a juvenile offender the court shall determine the amount and manner of 
paying the restitution taking into consideration the best interests of the juvenile offender 
and the victim; the right to fairness and due consideration of the crime victim's safety, 
dignity, and privacy; and the right to be informed of these enumerated rights, and shall 
have standing to assert these rights. The victim, the victim's attorney or other lawful 
representative, or the attorney for the Commonwealth upon request of the victim may 
seek enforcement of the rights enumerated in this section and any other right afforded to 
the victim by law in any trial or appellate court with jurisdiction over the case. The court 
shall act promptly on such a request and afford a remedy for the violation of any right. 
Nothing in this section shall afford the victim party status, or be construed as altering the 
presumption of innocence in the criminal justice system. The accused shall not have 
standing to assert the rights of a victim. Nothing in this section shall be construed to alter 
the powers, duties, and responsibilities of the prosecuting attorney. Nothing in this 
section or any law enacted under this section creates a cause of action for compensation, 
attorney's fees, or damages against the Commonwealth, a county, city, municipal 
corporation, or other political subdivision of the Commonwealth, an officer, employee, or 
agent of the Commonwealth, a county, city, municipal corporation, or any political 
subdivision of the Commonwealth, or an officer or employee of the court. Nothing in this 
section or any law enacted under this section shall be construed as creating: 
(1) 
A basis for vacating a conviction; or 
(2) 
A ground for any relief requested by the defendant. 
Text as Ratified on:  November 3, 2020. 
History:  Creation proposed by 2020 Ky. Acts ch. 85, sec. 2.Section 26A   Rights of victims of crime. 
To secure for victims of criminal acts or public offenses justice and due process and to 
ensure crime victims a meaningful role throughout the criminal and juvenile justice 
systems, a victim, as defined by law which takes effect upon the enactment of this section 
and which may be expanded by the General Assembly, shall have the following rights, 
which shall be respected and protected by law in a manner no less vigorous than the 
protections afforded to the accused in the criminal and juvenile justice systems: victims 
shall have the reasonable right, upon request, to timely notice of all proceedings and to be 
heard in any proceeding involving a release, plea, sentencing, or in the consideration of 
any pardon, commutation of sentence, granting of a reprieve, or other matter involving 
the right of a victim other than grand jury proceedings; the right to be present at the trial 
and all other proceedings, other than grand jury proceedings, on the same basis as the 
accused; the right to proceedings free from unreasonable delay; the right to consult with 
the attorney for the Commonwealth or the attorney's designee; the right to reasonable 
protection from the accused and those acting on behalf of the accused throughout the 
criminal and juvenile justice process; the right to timely notice, upon request, of release 
or escape of the accused; the right to have the safety of the victim and the victim’s family 
considered in setting bail, determining whether to release the defendant, and setting 
conditions of release after arrest and conviction; the right to full restitution to be paid by 
the convicted or adjudicated party in a manner to be determined by the court, except that 
in the case of a juvenile offender the court shall determine the amount and manner of 
paying the restitution taking into consideration the best interests of the juvenile offender 
and the victim; the right to fairness and due consideration of the crime victim's safety, 
dignity, and privacy; and the right to be informed of these enumerated rights, and shall 
have standing to assert these rights. The victim, the victim's attorney or other lawful 
representative, or the attorney for the Commonwealth upon request of the victim may 
seek enforcement of the rights enumerated in this section and any other right afforded to 
the victim by law in any trial or appellate court with jurisdiction over the case. The court 
shall act promptly on such a request and afford a remedy for the violation of any right. 
Nothing in this section shall afford the victim party status, or be construed as altering the 
presumption of innocence in the criminal justice system. The accused shall not have 
standing to assert the rights of a victim. Nothing in this section shall be construed to alter 
the powers, duties, and responsibilities of the prosecuting attorney. Nothing in this 
section or any law enacted under this section creates a cause of action for compensation, 
attorney's fees, or damages against the Commonwealth, a county, city, municipal 
corporation, or other political subdivision of the Commonwealth, an officer, employee, or 
agent of the Commonwealth, a county, city, municipal corporation, or any political 
subdivision of the Commonwealth, or an officer or employee of the court. Nothing in this 
section or any law enacted under this section shall be construed as creating: 
(1) 
A basis for vacating a conviction; or 
(2) 
A ground for any relief requested by the defendant. 
Text as Ratified on:  November 3, 2020. 
History:  Creation proposed by 2020 Ky. Acts ch. 85, sec. 2.