House Bill 145, An ACT relating to Mental Illness, 2011 December 18

UNOFFICIAL COPY AS OF 11/12/24 12 REG. SESS. 12 RS BR 360

AN ACT relating to mental illness.

Be it enacted by the General Assembly of the Commonwealth of Kentucky:

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DSection 1. KRS 532.130 is amended to read as follows:

An adult, or a minor under eighteen (18) years of age who may be tried as an adult,
convicted of a crime and subject to sentencing, is referred to in this section and
KRS 532.135 and 532.140 as a "defendant..”

A defendant with significantly[significant} subaverage general intellectual
functioning existing concurrently with substantial deficits in adaptive behavior and
manifested during the developmental period is referred to in KRS 532.135 and

532.140 as a "seriously mentally retarded defendant." As used in this subsection,

"significantly subaverage general intellectual functioning" is defined as an
intelligence quotient (1.Q.) of seventy (70) or below.

A defendant who, at the time of the offense, had a severe mental disorder or

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disability that significantly impaired his or her capacity to appreciate the nature,

consequences, or wrongfulness of his or her conduct, exercise rational judgment

in_ relation to_his_or_her conduct, or _conform_his_ or her conduct to the

requirements of the law, is referred to in KRS 532.135 and 532.140 as a "severely

mentally ill defendant." _A_ mental disorder_manifested primarily by repeated

criminal conduct or attributable solely to the acute effects of intentional use of

alcohol or other drugs shall not, standing alone, constitute a mental disorder or

disability for purposes of this subsection.

DSection 2. KRS 532.135 is amended to read as follows:
At least thirty (30) days before trial, the defendant shall file a motion with the trial
court wherein the defendant may allege that he or she is a seriously mentally

retarded defendant or a severely mentally ill defendant and present evidence with

regard thereto. The Commonwealth may offer evidence in rebuttal.

At least ten (10) days before the beginning of the trial, the court shall determine

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UNOFFICIAL COPY AS OF 11/12/24 12 REG. SESS. 12 RS BR 360

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whether or not the defendant is a seriously mentally retarded defendant or a
severely mentally ill defendant in accordance with the definitions{definitien} in
KRS 532.130.

The decision of the court shall be placed in the record.

The pretrial determination of the trial court shall not preclude the defendant from
raising any legal defense during the trial. If it is determined the defendant is a

seriously mentally retarded defendant or _a__ severely _ mentally _ ill

defendantfoefferder}, he or she shall be sentenced as provided in KRS 532.140.

DSection 3. KRS 532.140 is amended to read as follows:
KRS_ 532.010, 532.025, and 532.030 to the contrary notwithstanding, a
defendant{ne—effernder} who has been determined to be a seriously mentally

retarded defendant _or_a_ severely mentally ill defendantteffender} under the

provisions of KRS 532.135, shall not be subject to execution. The same procedure
as required in KRS 532.025 and 532.030 shall be utilized in determining afthe}

sentence of the seriously mentally retarded defendant or a severely mentally ill

defendantfeffernder}—under the provisions of KRS 532.135 and_ this
section{532446}.
The provisions of KRS 532.135 and this section{532440} do not preclude the

sentencing of a seriously mentally retarded defendant or a severely mentally ill

defendantfefferder} to any other sentence authorized by KRS 532.010, 532.025, or
532.030 for a crime which is a capital offense.

The provisions of KRS 532.135 and this section{532440} shall apply only to trials
commenced after:

(a) July 13, 1990, for a seriously mentally retarded defendant; and

(b)__ The effective date of this Act, for a severely mentally ill defendant.

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