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.
(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.
Effective: July 14, 2022
History: Amended 2022 Ky. Acts ch. 109, sec. 3, effective July 14, 2022. -- Amended
2012 Ky. Acts ch. 146, sec. 135, effective July 12, 2012. -- Created 1990 Ky. Acts
ch. 488, sec. 3, effective July 13, 1990.
Notes of Decisions
Cited in
23
cases (
2 in the last 5 years), 1994–2026 · leading case:
Bowling v. Commonwealth, 163 S.W.3d 361 (Ky. 2005).
Bowling v. Commonwealth, 163 S.W.3d 361 (Ky. 2005).
· cites it 16× “If it is determined the defendant is a seriously mentally retarded offender, he shall be sentenced as provided in KRS 532.140. KRS 532.140. Mentally retarded offender not subject to executionAuthorized sentences.”
Van Tran v. State, 66 S.W.3d 790 (Tenn. 2001).
· cites it 4× “; Ky.Rev.Stat. Ann. § 532.140; Md. Ann.Code of 1957, art.”
Woodall v. Commonwealth, 63 S.W.3d 104 (Ky. 2002).
· cites it 4× “KRS 532.140 does not permit execution of a person below an I.”
Atkins v. Virginia, 536 U.S. 304 (2002).
“§§ 21-4623 (d), 21-4631(c) (1995); Ky. Rev. Stat. Ann. § 532.140 (3) (1999); Md.”
White v. Commonwealth, 500 S.W.3d 208 (Ky. 2016).
· cites it 3× “It is critical to note, however, that only "offenders with IQ scores of 70 or less are barred from execution under KRS 532.140 and KRS 532.130. White’s IQ score of 81 was well above that threshold.”
Bowling v. Commonwealth, 224 S.W.3d 577 (Ky. 2007).
· cites it 5× “Noting that at the time of Atkins , Kentucky already had in effect a statute affording the same protection created by Atkins , KRS 532.140, 1 we held that Atkins was only retroactive to any condemned mentally retarded offender tried prior to the effective date of KRS 532.”
Jenkins v. State, 498 S.E.2d 502 (Ga. 1998).
· cites it 2× “§ 21-4623 (d); Ky.Rev.Stat. Ann. §§ 532.140, 532.135(2); Md.”
White v. Commonwealth, 178 S.W.3d 470 (Ky. 2006).
· cites it 2× “The trial court actually made a finding on the record that Appellant’s IQ was over 70, thus removing him from the coverage of KRS 532.140. This finding was supported by substantial evidence in the form of the 78 score on the 1992 IQ test 8 and testimony that his score of 68 on…”
Wilson v. Commonwealth, 381 S.W.3d 180 (Ky. 2012).
· cites it 2× “130-140 was enacted after Wilson's trial, "for over twenty-two years since its enactment, this remedy has been available to him in his post-trial litigation.”
Skaggs v. Commonwealth, 330 S.W.3d 52 (Ky. 2005).
· cites it 8× “KRS 532.140. In 1981, Skaggs robbed and brutally murdered an elderly couple in their home/ place of business.”
Hunter v. Commonwealth, 869 S.W.2d 719 (Ky. 1994).
· cites it 2× “" Perhaps even more noteworthy was the doctor's initial judgment that appellant's "I.Q. is most likely in the low 70's.”
— Ky. Rev. Stat. § 532.140(1) — 12 cases
Bowling v. Commonwealth, 163 S.W.3d 361 (Ky. 2005).
“If it is determined the defendant is a seriously mentally retarded offender, he shall be sentenced as provided in KRS 532.140. KRS 532.140. Mentally retarded offender not subject to executionAuthorized sentences.”
Hunter v. Commonwealth, 869 S.W.2d 719 (Ky. 1994).
“" Perhaps even more noteworthy was the doctor's initial judgment that appellant's "I.Q. is most likely in the low 70's.”
Bowling v. Commonwealth, 224 S.W.3d 577 (Ky. 2007).
“Noting that at the time of Atkins , Kentucky already had in effect a statute affording the same protection created by Atkins , KRS 532.140, 1 we held that Atkins was only retroactive to any condemned mentally retarded offender tried prior to the effective date of KRS 532.”
— Ky. Rev. Stat. § 532.140(3) — 2 cases
Wilson v. Commonwealth, 381 S.W.3d 180 (Ky. 2012).
“130-140 was enacted after Wilson's trial, "for over twenty-two years since its enactment, this remedy has been available to him in his post-trial litigation.”
Skaggs v. Commonwealth, 330 S.W.3d 52 (Ky. 2005).
“KRS 532.140. In 1981, Skaggs robbed and brutally murdered an elderly couple in their home/ place of business.”
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