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ND SB2046

Bill

Status

Passed

4/13/2023

Primary Sponsor

Judiciary

Click for details

Origin

Senate

68th Legislative Assembly

AI Summary

  • Requires automatic dismissal of proceedings if a defendant charged with a class B misdemeanor (except those under chapter 12.1-17) lacks fitness to proceed based on preponderance of evidence.

  • Suspends proceedings for up to 180 days if defendant charged with felony or class A misdemeanor lacks fitness but may regain it with treatment; court may extend suspension an additional 365 days with medical evidence.

  • Suspends proceedings for class B misdemeanors under chapter 12.1-17 for a period not exceeding the maximum term of imprisonment for the most serious offense charged.

  • Allows court to order least restrictive therapeutically appropriate treatment and authorize public funding for mental health professional services if defendant cannot afford them.

  • Requires courts to make referrals for other appropriate services when defendant will not attain fitness, including guardianship proceedings, civil commitment, or other court-deemed services.

Legislative Description

Fitness to proceed.

Last Action

Filed with Secretary Of State 04/13

4/17/2023

Committee Referrals

Judiciary2/9/2023
Judiciary1/3/2023

Full Bill Text

No bill text available