532.135 Determination by court that defendant has a serious intellectual disability. (1) At least thirty (30) days before trial, the defendant shall file a motion with the trial court wherein the defendant may allege that he is a defendant with a serious intellectual disability and present evidence with regard thereto. The Commonwealth may offer evidence in rebuttal. (2) At least ten (10) days before the beginning of the trial, the court shall determine whether or not the defendant is a defendant with a serious intellectual disability in accordance with the definition in KRS 532.130. (3) The decision of the court shall be placed in the record. (4) The pretrial determination of the trial court shall not preclude the defendant from raising any legal defense during the trial. If it is determined the defendant is an offender with a serious intellectual disability, he shall be sentenced as provided in KRS 532.140. Effective: July 12, 2012 History: Amended 2012 Ky. Acts ch. 146, sec. 134, effective July 12, 2012. -- Created 1990 Ky. Acts ch. 488, sec. 2, effective July 13, 1990.
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