Defendants diagnosed with a serious mental illness could soon be exempt from the death penalty in Kentucky.
The Kentucky House of Representatives approved House Bill 148 by a 75-16 vote Monday night. It would make defendants charged with a capital offense, such as murder, exempt from eligibility for execution if they have a documented history of a serious mental illness at the time of the offense.
According to the bill, the defendant would have to have a documented history of schizophrenia, schizoaffective disorder, bipolar disorder, major depressive disorder or delusional disorder at the time of the offense to qualify for the exemption.
Kentucky law already allows those who have a serious intellectual disability, such as those with an IQ below 70, to be exempt from the death penalty.
If it were to become law, the legislation would only apply to trials that occur after the effective date of the bill.
It now goes to the Senate for consideration.