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HI HB553

Bill

Status

Engrossed

3/7/2017

Primary Sponsor

Della au Belatti

Click for details

Origin

House of Representatives

2017 Regular Session

AI Summary

  • Allows courts to appoint one qualified examiner instead of three to evaluate a criminal defendant's fitness to proceed in all cases, effective July 1, 2050.

  • Removes the requirement that the appointed examiner must be designated by the director of health from within the Department of Health.

  • Reverts to the original requirement of three examiners for felony cases and one for non-felony cases on July 1, 2022, with one examiner designated by the director of health from within the Department of Health.

  • Amends section 704-406 to apply simplified examiner appointment procedures to cases involving murder, attempted murder, and class A felonies when determining if a defendant has regained fitness to proceed.

  • Repeals section 5 of Act 231, Session Laws of Hawaii 2016, regarding previous fitness to proceed examination requirements.

Legislative Description

Relating To Criminal Defendants' Fitness To Proceed.

Fitness to Proceed

Last Action

Re-Referred to CPH, JDL.

3/10/2017

Committee Referrals

Commerce, Consumer Protection, and Health3/10/2017
Judiciary and Labor3/9/2017
Judiciary1/25/2017

Full Bill Text

No bill text available