KRS 532.140
Defendant with a serious intellectual disability or serious mental illness not subject to execution -- Authorized sentences
Redline — August 1, 2020 → current.View current text →
Current — October 1, 2022
As of August 1, 2020
(1) KRS 532.010, 532.025, and 532.030 to the contrary notwithstanding, no offender who has been determined to be an offender with a serious intellectual disability 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 offender with a serious intellectual disability under the provisions of KRS 532.135 and 532.140.
(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) The provisions of KRS 532.135 and 532.140 do not preclude the sentencing of an offender with a serious intellectual disability to any other sentence authorized by KRS 532.010, 532.025, or 532.030 for a crime which is a capital offense.
(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) The provisions of KRS 532.135 and 532.140 shall apply only to trials commenced after July 13, 1990.
(3) For a defendant with a serious intellectual disability, this section and KRS 532.135 shall apply only to trials commenced after July 13, 1990.
(4) 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.