HB 385

Bill Subjects

Civil Actions Civil Procedure Courts Criminal Procedure Health And Medical Services Hospitals And Nursing Homes Mental Disability Mental Health Physicians And Practitioners Short Titles And Popular Names

Abstract

Amend KRS 311.631, relating to living wills and advance directives, to include an adult friend as an individual authorized to make health care decisions on behalf of a patient who lacks decisional capacity; amend KRS 504.060 to define "examiner" and "secretary"; amend KRS 504.070 to allow a defendant to introduce evidence of an intellectual disability bearing on the issue of guilt, punishment, or both; require that if a court orders an examination of the defendant's mental condition that the condition be reported to the court; amend KRS 504.080 to establish reasons the court may order an examination of the defendant's mental health; establish criteria for the examination; establish what the court may order if the examiner concludes the defendant needs an inpatient examination; establish that the examiner shall submit a report regarding the defendant's mental health; establish that the examiner's report shall be placed under seal with a notice of filing and that the court shall schedule a status conference or a hearing with 30 days of the filing of the report; amend KRS 504.100 to establish that the court shall order the defendant to be examined for his or her mental condition if the court has reasonable grounds to believe the defendant is incompetent to stand trial; require that the court schedule a status conference or a hearing within 30 days after the filing of the report; amend KRS 504.110 to conform; provide that the Act may be cited as Seth's Law.