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MN SF685

Bill

Status

Passed

4/28/2014

Primary Sponsor

Julianne Ortman

Click for details

Origin

Senate

88th Legislature 2013-2014

AI Summary

  • Requires courts to order simultaneous competency and civil commitment examinations when criminal charges are pending against a defendant if competency is challenged and both prosecutor and defense counsel agree.

  • Eliminates the need for an additional examination under subdivision 3 in subsequent civil commitment proceedings unless defense counsel requests a second examination after a petition is filed.

  • Designates the county attorney to file civil commitment petitions following acquittal under section 611.026, with the acquittal court serving as the committing court and the trial judge assigned to hear commitment proceedings when available.

  • Requires appointment of qualified defense counsel at the time simultaneous examinations are ordered or when a commitment petition is filed, whichever occurs first.

  • Establishes counsel duties including consultation with the proposed patient, adequate preparation time and record access, continuous representation throughout proceedings, and vigorous advocacy on the patient's behalf.

Legislative Description

Defendant simultaneous competency and civil commitment examinations requirement

Last Action

Secretary of State Chapter 171 04/25/14

4/28/2014

Committee Referrals

Judiciary2/21/2013

Full Bill Text

No bill text available