Ky. Rev. Stat. » Chapter 431
Kentucky Revised Statutes

Ky. Rev. Stat. § 431.213 (2026)

Definitions for KRS 431.213, 431.2135, and 431.240

✓ current as of May 2026
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As used in KRS 431.2135 and 431.240:

(1) "Condemned person" means a person for whom a specific day of execution is fixed by a mandate from the Kentucky Supreme Court or a warrant signed by the Governor.

(2) "Insane" means the condemned person does not have the ability to understand:

(a) That the person is about to be executed; and

(b) Why the person is to be executed. Effective: July 15, 1998 History: Created 1998 Ky. Acts ch. 606, sec. 156, effective July 15, 1998.

Notes of Decisions
Cited in 5 cases, 1999–2009 · leading case: Van Tran v. State, 6 S.W.3d 257 (Tenn. 1999).
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Van Tran v. State, 6 S.W.3d 257 (Tenn. 1999). · cites it 6× “§ 17-10-60 (1997); Ky.Rev.Stat. Ann. § 431.213 (Michie Supp.”
Bowling v. Commonwealth, 163 S.W.3d 361 (Ky. 2005). · cites it 2× “, the offender does not have the ability to understand that he or she is about to be executed or why, KRS 431.213(2) (definition of insanity for purpose of death penalty exemption), or "has no capacity to come to grips with his own conscience or deity.”
Billiot v. Epps, 671 F. Supp. 2d 840 (S.D. Miss. 2009). “§ 17-10-60 (Westlaw 2009); Ky.Rev.Stat. Ann. § 431.213(2) (Westlaw 2009); La.”
Provenzano v. State, 760 So. 2d 137 (Fla. 2000). “§ 17-10-60 (1997); Ky.Rev. Stat. Ann. § 431.213 (Michie Supp.”
Heck Van Tran v. State of TN, No. W1998-00175-SC-R11-PD (Tenn. Nov. 23, 1999). · cites it 2× “§ 22-4006 (1995); Ky. Rev. Stat. Ann. §§ 431.213 , 431.2135 (Michie S upp.”
Ky. Rev. Stat. § 431.213(2): 2 cases
Bowling v. Commonwealth, 163 S.W.3d 361 (Ky. 2005). “, the offender does not have the ability to understand that he or she is about to be executed or why, KRS 431.213(2) (definition of insanity for purpose of death penalty exemption), or "has no capacity to come to grips with his own conscience or deity.”
Billiot v. Epps, 671 F. Supp. 2d 840 (S.D. Miss. 2009). “§ 17-10-60 (Westlaw 2009); Ky.Rev.Stat. Ann. § 431.213(2) (Westlaw 2009); La.”
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