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ID H0030

Bill

Status

Passed

4/4/2019

Primary Sponsor

Judiciary, Rules and Administration Committee

Click for details

Origin

House of Representatives

2019 Regular Session

AI Summary

  • Requires courts to appoint or designate a qualified psychiatrist or licensed psychologist to examine defendants when their fitness to proceed is in doubt, and to evaluate whether the defendant lacks capacity to make informed decisions about treatment.

  • Mandates the examiner determine the best examination location within three days and conduct the examination locally on an outpatient basis if practical.

  • Allows courts to order confinement to a jail, hospital, or suitable facility for up to thirty days if the examiner determines confinement is necessary for examination purposes.

  • Requires examiners to immediately notify the court if they suspect the defendant's alleged incompetency may result from developmental disability, triggering court appointment of an evaluation committee within two business days.

  • Defines "lack of capacity to make informed decisions about treatment" as the defendant's inability to achieve rudimentary understanding of treatment's purpose, nature, and significant risks and benefits after conscientious explanation efforts.

Legislative Description

Amends existing law to provide for the appointment or designation of an evaluation committee when a criminal defendant's alleged incompetency may be the result of a developmental disability.

CRIMES

Last Action

Reported Signed by Governor on April 4, 2019 Session Law Chapter 299 Effective: 07/01/2019

4/4/2019

Committee Referrals

Judiciary, Rules and Administration3/27/2019
Judiciary and Rules1/29/2019
Judiciary, Rules and Administration1/21/2019

Full Bill Text

No bill text available