Kentucky Statutes 532.140 – Defendant with a serious intellectual disability or serious mental illness not subject to execution — Authorized sentences
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(1) KRS § 532.010, 532.025, and 532.030 to the contrary notwithstanding, a defendant who has been determined to be a defendant with a serious intellectual disability or a defendant with serious mental illness under KRS § 532.135 shall not be subject to execution. The same procedure as required in KRS § 532.025 and KRS § 532.030 shall be utilized in determining the sentence of the defendant with a serious intellectual disability or serious mental illness under this section and KRS § 532.135.
(2) This section and KRS § 532.135 do not preclude the sentencing of a defendant with a serious intellectual disability or serious mental illness to any other sentence authorized by KRS § 532.010, 532.025, or 532.030 for a crime which is a capital offense.
(3) (a) For a defendant with a serious intellectual disability, this section and KRS
532.135 shall apply only to trials commenced after July 13, 1990.
(b) For a defendant with serious mental illness, this section and KRS § 532.135 shall apply only to trials commenced after July 14, 2022.
Effective: July 14, 2022
History: Amended 2022 Ky. Acts ch. 109, sec. 3, effective July 14, 2022. — Amended
2012 Ky. Acts ch. 146, sec. 135, effective July 12, 2012. — Created 1990 Ky. Acts ch. 488, sec. 3, effective July 13, 1990.
(2) This section and KRS § 532.135 do not preclude the sentencing of a defendant with a serious intellectual disability or serious mental illness to any other sentence authorized by KRS § 532.010, 532.025, or 532.030 for a crime which is a capital offense.
Terms Used In Kentucky Statutes 532.140
- Capital offense: A crime punishable by death.
- Defendant: In a civil suit, the person complained against; in a criminal case, the person accused of the crime.
(3) (a) For a defendant with a serious intellectual disability, this section and KRS
532.135 shall apply only to trials commenced after July 13, 1990.
(b) For a defendant with serious mental illness, this section and KRS § 532.135 shall apply only to trials commenced after July 14, 2022.
Effective: July 14, 2022
History: Amended 2022 Ky. Acts ch. 109, sec. 3, effective July 14, 2022. — Amended
2012 Ky. Acts ch. 146, sec. 135, effective July 12, 2012. — Created 1990 Ky. Acts ch. 488, sec. 3, effective July 13, 1990.