Ky. Rev. Stat. » Chapter 504
Kentucky Revised Statutes

Ky. Rev. Stat. § 504.040 (2026)

Repealed, 1982

✓ current as of May 2026
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Catchline at repeal: Mental disease or defect -- Proceedings -- Examination. History: Repealed 1982 Ky. Acts ch. 113, sec. 14, effective July 15, 1982. -- Amended 1978 Ky. Acts ch. 290, sec. 4, effective June 17, 1978. -- Amended 1976 Ky. Acts ch. 332, sec. 32. -- Created 1974 Ky. Acts ch. 406, sec. 41, effective January 1, 1975.

Notes of Decisions
Cited in 11 cases, 1978–2001 · leading case: Johnson v. Commonwealth, 17 S.W.3d 109 (Ky. 2000).
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Johnson v. Commonwealth, 17 S.W.3d 109 (Ky. 2000). · cites it 6× “040(4) provided that "[a]fter the defendant is examined and the report is filed, the court shall order an evidentiary hearing on the issue of defendant's competency to stand trial.”
Hayden v. Commonwealth, 563 S.W.2d 720 (Ky. 1978). · cites it 6× “The commentary to the Kentucky Penal Code of which KRS 504.040 is a part explains: “This section [KRS 504.”
Thompson v. Commonwealth, 56 S.W.3d 406 (Ky. 2001). · cites it 2× “Interpreting KRS 504.040 which was the predecessor to the current statute, Clark v.”
Harper v. Commonwealth, 978 S.W.2d 311 (Ky. 1998). · cites it 2× “Ravani as to whether Appellant met the statutory definition of competence to stand trial as set *316 forth in KRS 504.040(1). Further, Appellant alleges that counsel should have called him to testify during the competency hearing.”
Hopewell v. Commonwealth, 641 S.W.2d 744 (Ky. 1982). · cites it 2× “06, dealing with insanity, provides: “If upon arraignment or during the proceedings there are reasonable grounds to believe that the defendant lacks capacity to appreciate the nature and consequences of the proceedings against him or to participate rationally in his defense, the…”
Gabbard v. Commonwealth, 887 S.W.2d 547 (Ky. 1994). “If he is found incompetent, he shall be dealt with as provided in KRS 504.040(2). All concur.”
Gilbert v. Commonwealth, 575 S.W.2d 455 (Ky. 1978). · cites it 2× “The only issue that merits discussion is whether the failure of the trial court to conduct a hearing to determine appellant’s competency amounted to denial of due process of law.”
Clark v. Commonwealth, 591 S.W.2d 365 (Ky. 1979). · cites it 2× “The basis of Clark’s argument is that KRS 504.040(4), enacted in 1978, mandates a hearing, and failure to conduct such a hearing is reversible error.”
Gardner v. Commonwealth, 642 S.W.2d 584 (Ky. 1982). · cites it 2× “Since it is our conclusion, having reviewed the entire matter, that a new trial must be had by virtue of the trial court’s failure to comply with the clear provisions of KRS 504.040, we will not discuss the other alleged errors.”
Watkins v. Turner, 587 S.W.2d 275 (Ky. Ct. App. 1979). · cites it 2× “Watkins did spend 10 additional days at the Forensic Psychiatry Unit in December 1978, where it was determined that his condition had deteriorated.”
Creamer v. Commonwealth, 629 S.W.2d 324 (Ky. Ct. App. 1981). “At a hearing pursuant to KRS 504.040(4), the *325 court found that appellant was incompetent to stand trial and he was committed to a mental institution.”
— Ky. Rev. Stat. § 504.040(1) — 3 cases
Harper v. Commonwealth, 978 S.W.2d 311 (Ky. 1998). “Ravani as to whether Appellant met the statutory definition of competence to stand trial as set *316 forth in KRS 504.040(1). Further, Appellant alleges that counsel should have called him to testify during the competency hearing.”
Hayden v. Commonwealth, 563 S.W.2d 720 (Ky. 1978). “The commentary to the Kentucky Penal Code of which KRS 504.040 is a part explains: “This section [KRS 504.”
Gilbert v. Commonwealth, 575 S.W.2d 455 (Ky. 1978). “The only issue that merits discussion is whether the failure of the trial court to conduct a hearing to determine appellant’s competency amounted to denial of due process of law.”
— Ky. Rev. Stat. § 504.040(2) — 4 cases
Gabbard v. Commonwealth, 887 S.W.2d 547 (Ky. 1994). “If he is found incompetent, he shall be dealt with as provided in KRS 504.040(2). All concur.”
Hayden v. Commonwealth, 563 S.W.2d 720 (Ky. 1978). “The commentary to the Kentucky Penal Code of which KRS 504.040 is a part explains: “This section [KRS 504.”
Gilbert v. Commonwealth, 575 S.W.2d 455 (Ky. 1978). “The only issue that merits discussion is whether the failure of the trial court to conduct a hearing to determine appellant’s competency amounted to denial of due process of law.”
Gardner v. Commonwealth, 642 S.W.2d 584 (Ky. 1982). “Since it is our conclusion, having reviewed the entire matter, that a new trial must be had by virtue of the trial court’s failure to comply with the clear provisions of KRS 504.040, we will not discuss the other alleged errors.”
— Ky. Rev. Stat. § 504.040(4) — 3 cases
Johnson v. Commonwealth, 17 S.W.3d 109 (Ky. 2000). “040(4) provided that "[a]fter the defendant is examined and the report is filed, the court shall order an evidentiary hearing on the issue of defendant's competency to stand trial.”
Clark v. Commonwealth, 591 S.W.2d 365 (Ky. 1979). “The basis of Clark’s argument is that KRS 504.040(4), enacted in 1978, mandates a hearing, and failure to conduct such a hearing is reversible error.”
Creamer v. Commonwealth, 629 S.W.2d 324 (Ky. Ct. App. 1981). “At a hearing pursuant to KRS 504.040(4), the *325 court found that appellant was incompetent to stand trial and he was committed to a mental institution.”
— Ky. Rev. Stat. § 504.040(5)(c) — 1 case
Watkins v. Turner, 587 S.W.2d 275 (Ky. Ct. App. 1979). “Watkins did spend 10 additional days at the Forensic Psychiatry Unit in December 1978, where it was determined that his condition had deteriorated.”
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