Kentucky 2024 Regular Session Status: Enacted Bipartisan · 2 R · 1 D cosponsors

HB 385 — AN ACT relating to mental capacity.

Last action — signed by Governor (Acts Ch. 138)

  1. ✓
    Introduced
  2. ✓
    In Committee
  3. ✓
    Passed House
  4. ✓
    Passed Senate
  5. ✓
    To Executive
  6. 6
    Enacted

This bill has been enacted into law. Introduced January 25, 2024. Enacted.

Signed by Governor Andy Beshear (Democratic) on April 09, 2024.

Odds of enactment

High chance

Based on the sponsor, cosponsors, and committee posture, this bill has a high chance of becoming law.

Upgrade to see the exact probability and what's driving it.

A statistical estimate from our own model of past outcomes — an insight, not a guarantee. Policymaking is volatile.

Prognosis

Likely to advance 92% · high confidence

  • Enacted

    Current position in the legislative process.

  • 3 sponsors

    3 primary, 0 co-sponsors signed on.

  • Bipartisan support

    Sponsored across 2 parties (2 R · 1 D) — cross-party backing.

  • Cleared a recorded vote

    Passed 2 recorded votes so far.

Based on stage, sponsorship breadth, committee status, recorded votes, and cross-state momentum — a description of the observable signals, not a prediction.

Summary

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.

Bill Text

What changed in the latest version

167 added · 219 removed

167 line(s) added, 219 removed.

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Latest
UNOFFICIAL COPY 24 RS HB 385/GA AN ACT relating to mental capacity.
CHAPTER 138 1 CHAPTER 138 ( HB 385 ) AN ACT relating to mental capacity.
(3) An individual authorized to consent for another under this section shall act in good Page 1 of 8 HB038510.100 - 1730 - XXXX 2/21/2024 3:02 PM GA UNOFFICIAL COPY 24 RS HB 385/GA faith, in accordance with any advance directive executed by the individual who lacks decisional capacity, and in the best interest of the individual who does not have decisional capacity.
(3) An individual authorized to consent for another under this section shall act in good faith, in accordance with any advance directive executed by the individual who lacks decisional capacity, and in the best interest of the individual who does not have decisional capacity.
(4)[(3)] "Foreseeable future" means not more than three hundred sixty (360) days;
Legislative Research Commission PDF Version ACTS OF THE GENERAL ASSEMBLY (4)[(3)] "Foreseeable future" means not more than three hundred sixty (360) days;
(6)[(5)] "Insanity" means, as a result of mental condition, lack of substantial capacity either to appreciate the criminality of one's conduct or to conform one's conduct to Page 2 of 8 HB038510.100 - 1730 - XXXX 2/21/2024 3:02 PM GA UNOFFICIAL COPY 24 RS HB 385/GA the requirements of law;
(6)[(5)] "Insanity" means, as a result of mental condition, lack of substantial capacity either to appreciate the criminality of one's conduct or to conform one's conduct to the requirements of law;
Page 3 of 8 HB038510.100 - 1730 - XXXX 2/21/2024 3:02 PM GA UNOFFICIAL COPY 24 RS HB 385/GA (a) Mental illness or intellectual disability bearing on the issue of guilt, punishment, or both;
(a) Mental illness or intellectual disability bearing on the issue of guilt, punishment, or both;
(c) If the examiner concludes that inpatient examination is needed, the court Page 4 of 8 HB038510.100 - 1730 - XXXX 2/21/2024 3:02 PM GA UNOFFICIAL COPY 24 RS HB 385/GA may order the defendant be:
(c) If the examiner concludes that inpatient examination is needed, the court may order the defendant be:
1.
CHAPTER 138 3 1.
(5) An examiner[A psychologist or psychiatrist] retained by the defendant shall be Page 5 of 8 HB038510.100 - 1730 - XXXX 2/21/2024 3:02 PM GA UNOFFICIAL COPY 24 RS HB 385/GA permitted to participate in any examination under this chapter.
(5) An examiner[A psychologist or psychiatrist] retained by the defendant shall be permitted to participate in any examination under this chapter.
(1) If the court finds the defendant incompetent to stand trial but there is a substantial Page 6 of 8 HB038510.100 - 1730 - XXXX 2/21/2024 3:02 PM GA UNOFFICIAL COPY 24 RS HB 385/GA probability the defendant will attain competency in the foreseeable future, it shall commit the defendant to a treatment facility or a forensic psychiatric facility and order the defendant to submit to treatment for sixty (60) days or until the psychologist or psychiatrist treating him or her finds the defendant competent to stand trial, whichever occurs first, except that if the defendant is charged with a felony, he or she shall be committed to a forensic psychiatric facility unless the secretary[ of the Cabinet for Health and Family Services] or the secretary's designee determines that the defendant shall be treated in another Cabinet for Health and Family Services facility.
(1) If the court finds the defendant incompetent to stand trial but there is a substantial probability the defendant will attain competency in the foreseeable future, it shall commit the defendant to a treatment facility or a forensic psychiatric facility and order the defendant to submit to treatment for sixty (60) days or until the psychologist or psychiatrist treating him or her finds the defendant competent to stand trial, whichever occurs first, except that if the defendant is charged with a felony, he or she shall be committed to a forensic psychiatric facility unless the secretary[ of the Cabinet for Health and Family Services] or the secretary's designee determines that the defendant shall be treated in another Cabinet for Health and Family Services Legislative Research Commission PDF Version ACTS OF THE GENERAL ASSEMBLY facility.
(3) A defendant who is the subject of an involuntary commitment proceeding under KRS 202C.010, 202C.020, 202C.030, 202C.040, and 202C.050 shall be committed to a forensic psychiatric facility unless the secretary[ of the Cabinet for Health and Page 7 of 8 HB038510.100 - 1730 - XXXX 2/21/2024 3:02 PM GA UNOFFICIAL COPY 24 RS HB 385/GA Family Services] or the secretary's designee determines that the defendant shall be treated in another Cabinet for Health and Family Services facility, during the pendency of the proceeding.
(3) A defendant who is the subject of an involuntary commitment proceeding under KRS 202C.010, 202C.020, 202C.030, 202C.040, and 202C.050 shall be committed to a forensic psychiatric facility unless the secretary[ of the Cabinet for Health and Family Services] or the secretary's designee determines that the defendant shall be treated in another Cabinet for Health and Family Services facility, during the pendency of the proceeding.
Page 8 of 8 HB038510.100 - 1730 - XXXX 2/21/2024 3:02 PM GA
Signed by Governor April 9, 2024.
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Action History

  1. signed by Governor (Acts Ch. 138)

  2. delivered to Governor

  3. enrolled, signed by President of the Senate

  4. enrolled, signed by Speaker of the House

  5. received in House

  6. 3rd reading, passed 38-0

  7. passed over and retained in the Consent Orders of the Day

  8. passed over and retained in the Consent Orders of the Day

  9. posted for passage in the Consent Orders of the Day for Tuesday, March 26, 2024

  10. 2nd reading, to Rules as a consent bill

  11. reported favorably, 1st reading, to Consent Calendar

  12. to Judiciary (S)

  13. to Committee on Committees (S)

  14. received in Senate

  15. 3rd reading, passed 95-0

  16. posted for passage in the Regular Orders of the Day for Wednesday, February 21, 2024

  17. 2nd reading, to Rules

  18. reported favorably, 1st reading, to Calendar

  19. to Judiciary (H)

  20. to Committee on Committees (H)

  21. introduced in House

Sponsors

Sponsorship breakdown

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3 sponsors · 0 co-sponsors · 135 not signed on

Sponsors (3)

Co-sponsors (0)

None.

Not signed on (135)

135 members have not signed on to this bill.

Show all 135 →

"Not signed on" means a member has not sponsored or co-sponsored this bill — it does not imply opposition. Members flagged Voted No have a recorded No vote on this bill.

Whip count is in markup. Polling the chamber and every recorded vote this session. Only the first open is slow. It’s instant for you after this. Calling the roll · Tallying · Engrossing

Votes

PASS HB 385

Passed 38 Yea · 0 Nay
Party YeaNayPresentNot Voting
Democrat 3000
Republican 28000
Unaffiliated 7000
Total 38000
% of votes cast 100%0%0%0%
How each member voted (38)
Member Party Vote
Turner — Yea
Schickel — Yea
Southworth — Yea
Westerfield — Yea
Thayer — Yea
Yates — Yea
Harper Angel — Yea
Cassie Chambers Armstrong Democrat Yea
Gerald A. Neal Democrat Yea
Karen Berg Democrat Yea
Amanda Mays Bledsoe Republican Yea
Brandon J. Storm Republican Yea
Christian McDaniel Republican Yea
Danny Carroll Republican Yea
David P. Givens Republican Yea
Donald Douglas Republican Yea
Gary Boswell Republican Yea
Greg Elkins Republican Yea
Jared Carpenter Republican Yea
Jason Howell Republican Yea
Jason Nemes Republican Yea
Jimmy Higdon Republican Yea
Julie Raque Adams Republican Yea
Lindsey Tichenor Republican Yea
Matthew Deneen Republican Yea
Max Wise Republican Yea
Michael Meredith Republican Yea
Nick Wilson Republican Yea
Phillip Wheeler Republican Yea
Rick Girdler Republican Yea
Robby Mills Republican Yea
Robert Stivers Republican Yea
Robin L. Webb Republican Yea
Shelley Funke Frommeyer Republican Yea
Stephen West Republican Yea
Tom Smith Republican Yea
Wade Williams Republican Yea
Walker Thomas Republican Yea

Official roll call →

Pass

Passed 95 Yea · 0 Nay · 3 Other
Party YeaNayPresentNot Voting
Democrat 15000
Republican 69003
Unaffiliated 11000
Total 95003
% of votes cast 97%0%0%3%
How each member voted (98)
Member Party Vote
Heath — Yea
Dixon — Yea
Bentley — Yea
Palumbo — Yea
Justice — Yea
Timoney — Yea
Pratt — Yea
Raymond — Yea
Graham — Yea
Bratcher K. — Yea
Stevenson C — Yea
Adrielle Camuel Democrat Yea
Al Gentry Democrat Yea
Ashley Tackett Laferty Democrat Yea
Beverly Chester-Burton Democrat Yea
Chad Aull Democrat Yea
Daniel Grossberg Democrat Yea
George Brown Jr. Democrat Yea
Keturah J. Herron Democrat Yea
Lindsey Burke Democrat Yea
Lisa Willner Democrat Yea
Nima Kulkarni Democrat Yea
Pamela Stevenson Democrat Yea
Rachel Roarx Democrat Yea
Sarah Stalker Democrat Yea
Tina Bojanowski Democrat Yea
Adam Bowling Republican Yea
Amy Neighbors Republican Yea
Bill Wesley Republican Yea
Bobby McCool Republican Yea
Candy Massaroni Republican Yea
Chris Freeland Republican Yea
Chris Fugate Republican Yea
DJ Johnson Republican Yea
Daniel Elliott Republican Not Voting
Daniel Fister Republican Yea
David Hale Republican Not Voting
David Meade Republican Yea
David W. Osborne Republican Yea
Deanna Gordon Republican Yea
Derek Lewis Republican Yea
Emily Callaway Republican Yea
Felicia Rabourn Republican Yea
James Tipton Republican Yea
Jared Bauman Republican Yea
Jason Nemes Republican Yea
Jason Petrie Republican Yea
Jennifer Decker Republican Yea
Jim Gooch Jr. Republican Yea
John Blanton Republican Yea
John Hodgson Republican Yea
Josh Branscum Republican Yea
Josh Bray Republican Yea
Josh Calloway Republican Yea
Ken Fleming Republican Yea
Ken Upchurch Republican Yea
Kevin Jackson Republican Yea
Kim Banta Republican Yea
Kim King Republican Yea
Kimberly Poore Moser Republican Yea
Marianne Proctor Republican Yea
Mark Hart Republican Yea
Mary Beth Imes Republican Yea
Matt Lockett Republican Yea
Matthew Koch Republican Yea
Michael Meredith Republican Yea
Michael Sarge Pollock Republican Yea
Mike Clines Republican Yea
Myron Dossett Republican Yea
Nancy Tate Republican Yea
Nick Wilson Republican Yea
Patrick Flannery Republican Yea
Randy Bridges Republican Yea
Rebecca Raymer Republican Yea
Richard White Republican Yea
Robert Duvall Republican Yea
Ryan Dotson Republican Yea
Samara Heavrin Republican Yea
Savannah Maddox Republican Yea
Scott Lewis Republican Yea
Scott Sharp Republican Yea
Shane Baker Republican Yea
Shawn McPherson Republican Yea
Stephanie Dietz Republican Yea
Steve Bratcher Republican Yea
Steve Rawlings Republican Yea
Steve Riley Republican Yea
Steven Doan Republican Yea
Steven Rudy Republican Yea
Susan Witten Republican Yea
Suzanne Miles Republican Yea
T.J. Roberts Republican Yea
Thomas Huff Republican Yea
Timmy Truett Republican Yea
Tom Smith Republican Yea
Wade Williams Republican Yea
Walker Thomas Republican Yea
William Lawrence Republican Not Voting

Official roll call →

Subjects

public-safety civil-rights healthcare
Cross-referencing the record. Reading this bill against every other bill in the corpus by meaning, not keywords. Only the first open is slow. It’s instant for you after this. Matching · Ranking · Engrossing

Frequently asked questions

What does HB 385 do?
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.
Who sponsors HB 385?
HB 385 is sponsored by Kimberly Poore Moser (Republican), Beverly Chester-Burton (Democrat), and Stephanie Dietz (Republican).
What is the current status of HB 385?
This bill has been enacted into law. Introduced January 25, 2024. Enacted.
Where can I track HB 385?
Track HB 385 free on One Click Politics — get push/email alerts when it moves.

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