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House Bill 385

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Legislative History
Last Action	04/09/24: signed by Governor (Acts Ch. 138)
Title	AN ACT relating to mental capacity.
Bill Documents	Acts Chapter 138 Current/Final Introduced
Bill Request Number	1730
Sponsors	K. Moser, B. Chester-Burton, S. Dietz
Summary of Enacted Version	Amends 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; amends KRS 504.060 to define “examiner” and “secretary”; amends KRS 504.070 to allow a defendant to introduce evidence of an intellectual disability bearing on the issue of guilt, punishment, or both, and to require, if a court orders an examination of the defendant’s mental condition, that the condition be reported to the court; amends KRS 504.080 to establish reasons the court may order an examination of the defendant’s mental health, to establish criteria for the examination, to establish what the court may order if the examiner concludes the defendant needs an inpatient examination, to establish that the examiner shall submit a report regarding the defendant’s mental health, to establish that the examiner’s report shall be placed under seal with a notice of filing, and to establish that the court shall schedule a status conference or a hearing within 30 days of the filing of the report; amends 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 and to require that the court schedule a status conference or a hearing within 30 days after the filing of the report; amends KRS 504.110 to conform; and provides that the Act may be cited as Seth’s Law.
Summary of Original Version	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.
Index Headings of Original Version	Courts - Incompetent to stand trial, mental condition, court-ordered exam Criminal Procedure - Incompetent to stand trial, mental condition, court-ordered exam Mental Disability - Incompetent to stand trial, mental condition, court-ordered exam Mental Disability - Health care decisions, adult friend of patient, authorization Mental Health - Incompetent to stand trial, mental condition, court-ordered exam Mental Health - Health care decisions, adult friend of patient, authorization Civil Actions - Incompetent to stand trial, mental condition, court-ordered exam Civil Procedure - Incompetent to stand trial, mental condition, court-ordered exam Health and Medical Services - Health care decisions, adult friend of patient, authorization Hospitals and Nursing Homes - Health care decisions, adult friend of patient, authorization Physicians and Practitioners - Health care decisions, adult friend of patient, authorization Short Titles and Popular Names - Seth's Law
Votes	Vote History

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01/25/24	introduced in House to Committee on Committees (H)
02/06/24	to Judiciary (H)
02/07/24	reported favorably, 1st reading, to Calendar
02/08/24	2nd reading, to Rules
02/20/24	posted for passage in the Regular Orders of the Day for Wednesday, February 21, 2024
02/21/24	3rd reading, passed 95-0
02/22/24	received in Senate to Committee on Committees (S)
02/28/24	to Judiciary (S)
03/21/24	reported favorably, 1st reading, to Consent Calendar
03/22/24	2nd reading, to Rules as a consent bill
03/25/24	posted for passage in the Consent Orders of the Day for Tuesday, March 26, 2024
03/26/24	passed over and retained in the Consent Orders of the Day
03/27/24	passed over and retained in the Consent Orders of the Day
03/28/24	3rd reading, passed 38-0 received in House enrolled, signed by Speaker of the House enrolled, signed by President of the Senate delivered to Governor
04/09/24	signed by Governor (Acts Ch. 138)

Last updated: 9/26/2024 1:37 PM (EDT)