UNOFFICIAL COPY AS OF 11/12/24 09 REG. SESS. 09 RS BR 1360
AN ACT relating to mental illness.
Be it enacted by the General Assembly of the Commonwealth of Kentucky:
qd)
(2)
(3)
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 KRS 532.135 and
532.140 as a defendant.
A defendant with significant subaverage 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. "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
qd)
(2)
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 conduct, or conform his or her conduct to the requirements of the
law, is referred to in KRS 532.135 and KRS 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 voluntary 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 is a seriously mentally retarded or
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
whether or not the defendant is a seriously mentally retarded or severely mentally
Page 1 of 2
BR136000.100-1360
UNOFFICIAL COPY AS OF 11/12/24 09 REG. SESS. 09 RS BR 1360
(3)
(4)
qd)
(2)
(3)
ill defendant in accordance with the definition 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 or severely mentally ill offender, he 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, no offender
who has been determined to be a seriously mentally retarded or severely mentally
ill offender under the provisions of KRS 532.135, shall be subject to execution. The
same procedure as required in KRS 532.025 and 532.030 shall be utilized in
determining the sentence of the seriously mentally retarded or severly mentally ill
offender under the provisions of KRS 532.135 and 532.140.
The provisions of KRS 532.135 and 532.140 do not preclude the sentencing of a
seriously mentally retarded or severely mentally ill offender 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 532.140 shall apply only to trials commenced
after July 13, 1990, for seriously mentally retarded offenders and after July 15,
2009 for severely mentally ill offenders.
Page 2 of 2
BR136000.100-1360
