532.140 Defendant with a serious intellectual disability or serious mental illness not
172 words·~1 min read·
/ky/532-140A research copy — for the controlling text, always check the official state or federal source. Not legal advice.
subject to execution -- Authorized sentences.
(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 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.
(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.