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HB 1194 IN
Passed One Chamber

Competency to stand trial.

IN · session 2023 · Assembly / House · bill

A state bill is a proposed law in a state legislature — separate from the U.S. Congress. Learn more →

Introduced Jan 10, 2023

Latest action (Feb 27, 2023) First reading: referred to Committee on Corrections and Criminal Law

Summary

Provides that certain licensed individuals may examine a defendant and testify as to whether the defendant can understand the criminal proceedings and assist in the preparation of the defendant's defense. Allows a court to dismiss criminal charges, without prejudice, upon motion by either party, if: (1) a substantial probability does not exist that a defendant will attain competency restoration or if the defendant has not attained competency restoration after six months of restoration services; (2) the defendant has a certain diagnosis; and (3) the defendant is charged with a misdemeanor or Level 6 felony. Makes conforming changes.

Sponsors (2)

3 coauthors / cosponsors

Action history (11)

  1. Jan 10, 2023 Authored by Representative McNamara · lower
  2. Jan 10, 2023 First reading: referred to Committee on Courts and Criminal Code · lower
  3. Jan 26, 2023 Committee report: amend do pass, adopted · lower
  4. Jan 26, 2023 Referred to the Committee on Ways and Means pursuant to House Rule 127 · lower
  5. Jan 31, 2023 Representatives Meltzer J, Gore M, Ledbetter C added as coauthors · lower
  6. Feb 2, 2023 Committee report: do pass, adopted · lower
  7. Feb 6, 2023 Second reading: ordered engrossed · lower
  8. Feb 7, 2023 Senate sponsor: Senator Freeman · lower
  9. Feb 7, 2023 Third reading: passed; Roll Call 88: yeas 92, nays 0 · lower
  10. Feb 8, 2023 Referred to the Senate · lower
  11. Feb 27, 2023 First reading: referred to Committee on Corrections and Criminal Law · upper
Subjects
CRIMES AND OFFENSES, Criminal Courts and Court ProceduresMENTAL HEALTH, Mentally Ill or Impaired Persons

Text versions (3)

The published texts of this bill as it moves through the legislature. Each links to the official document on the state legislature site. Data from OpenStates.

  • House Bill (H) · Feb 2, 2023 · PDF
  • Introduced House Bill (H) · Jan 10, 2023 · PDF
  • House Bill (H) · Jan 26, 2023 · PDF

Full text

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