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KRS 532.140

Defendant with a serious intellectual disability or serious mental illness not subject to execution -- Authorized sentences

Known as the Kentucky Racial Justice Act

The act spans §§ 532–532 (55 sections).

Applied in 20 court decisions — leading case Atkins v. Virginia (2002)

Most recently applied in Woodall v. Commonwealth (June 2018)

Effective: July 14, 2022 History: Amended 2022 Ky

How often courts cite this section

199420002010201850
citing decisions per year

Court decisions citing this, by year. The dip in the last several years is a data-coverage gap, not a real trend — our corpus holds fewer opinions from the most recent years, so recent citations are undercounted.

(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.

(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.

Official source: Kentucky General Assembly. Reproduced from public-domain Kentucky statutes; confirm against the official source for the current text. Not legal advice.