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HI HB553
Bill
Status
3/7/2017
Primary Sponsor
Della au Belatti
Click for details
AI Summary
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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.
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Removes the requirement that the appointed examiner must be designated by the director of health from within the Department of Health.
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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.
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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.
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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