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2023 SESSION
SB 1507 Criminal proceedings; disposition when defendant found incompetent.
Introduced by: T. Montgomery "Monty" Mason | all patrons ... notes | add to my profiles
SUMMARY AS PASSED SENATE: (all summaries)
Criminal proceedings; disposition when defendant found incompetent; evaluation for temporary detention. Requires a competency evaluation report, when ordered to determine whether a defendant charged with certain misdemeanors lacks capacity to stand trial, to identify whether the defendant should be evaluated to determine whether he meets the criteria for temporary detention in the event that he is found incompetent but restorable or incompetent for the foreseeable future. The bill allows the court, when an evaluation for temporary detention is recommended, to order the local community services board or behavioral health authority to conduct an evaluation of the defendant and, if the defendant meets the criteria for temporary detention, file a petition for a temporary detention order. The bill requires the community services board or behavioral health authority to notify the court, in writing, within 72 hours of the completion of the evaluation. In cases in which the defendant fails or refuses to appear for the evaluation, the bill requires the community services board or behavioral health authority to notify the court of such failure or refusal and requires the court to issue a mandatory examination order and capias directing the local primary law-enforcement agency to transport the defendant to the location designated by the community services board or behavioral health authority for examination. The bill repeals the sunset on the provisions of Chapter 508 of the Acts of Assembly of 2022, which also relate to competency and temporary detention evaluations. This bill is identical to HB 1908.
FULL TEXT
- 01/20/23 Senate: Presented and ordered printed 23102234D pdf | impact statement
- 02/06/23 Senate: Printed as engrossed 23102234D-E pdf | impact statement
- 03/07/23 Senate: Bill text as passed Senate and House (SB1507ER) pdf | impact statement
- 03/22/23 Governor: Acts of Assembly Chapter text (CHAP0230) pdf
AMENDMENTS
HISTORY
- 01/20/23 Senate: Presented and ordered printed 23102234D
- 01/20/23 Senate: Referred to Committee on the Judiciary
- 02/01/23 Senate: Reported from Judiciary with amendment (15-Y 0-N)
- 02/03/23 Senate: Constitutional reading dispensed (38-Y 0-N)
- 02/06/23 Senate: Read second time
- 02/06/23 Senate: Reading of amendment waived
- 02/06/23 Senate: Committee amendment agreed to
- 02/06/23 Senate: Engrossed by Senate as amended SB1507E
- 02/06/23 Senate: Printed as engrossed 23102234D-E
- 02/06/23 Senate: Constitutional reading dispensed (39-Y 0-N)
- 02/06/23 Senate: Passed Senate (39-Y 0-N)
- 02/07/23 House: Placed on Calendar
- 02/07/23 House: Read first time
- 02/07/23 House: Referred to Committee for Courts of Justice
- 02/11/23 House: Assigned Courts sub: Subcommittee #1
- 02/13/23 House: Subcommittee recommends reporting (8-Y 0-N)
- 02/20/23 House: Reported from Courts of Justice (20-Y 0-N)
- 02/22/23 House: Read second time
- 02/23/23 House: Read third time
- 02/23/23 House: Passed House BLOCK VOTE (96-Y 0-N)
- 02/23/23 House: VOTE: Block Vote Passage (96-Y 0-N)
- 03/07/23 Senate: Enrolled
- 03/07/23 Senate: Bill text as passed Senate and House (SB1507ER)
- 03/08/23 Senate: Signed by President
- 03/08/23 House: Signed by Speaker
- 03/13/23 Senate: Enrolled Bill Communicated to Governor on March 13, 2023
- 03/13/23 Governor: Governor's Action Deadline 11:59 p.m., March 27, 2023
- 03/22/23 Governor: Approved by Governor-Chapter 230 (effective 7/1/23)
- 03/22/23 Governor: Acts of Assembly Chapter text (CHAP0230)