Relating to forensic evaluations; and declaring an emergency.
Summary
Modifies procedures related to criminal defendants lacking fitness to proceed. Provides that when defendant is committed to state mental hospital or other facility for examination on issue of fitness to proceed, examination may include period of observation. Provides that committed defendant be transported to hospital or facility for examination, after which superintendent of hospital or director of facility may return defendant to facility from which defendant was transported, or inform court and parties that defendant requires hospital level of care and request that defendant remain at facility pending fitness to proceed order. Authorizes report concerning defendant's fitness to proceed to be provided to community mental health program director of county in which defendant is charged and county of defendant's last known residence. Restricts availability and use of report. Authorizes court to enter order concerning fitness to proceed, without hearing, based on report from examination if both parties consent. Requires court to receive and consider certain input from community mental health program director or director's designee, and any entity responsible for supervising defendant upon release, after court finds defendant lacks fitness to proceed. Directs court and parties to at hearing determine appropriate action in case. Directs court to consider certain criteria and enter order necessary to implement action. Requires court to make three specified findings before committing defendant to state mental hospital or other facility. Requires review hearing after 14 ] every seven days for certain defendants not requiring ] lacking fitness to proceed who do not require hospital level of care and who remain in custody following fitness determination . Modifies procedures when court receives notice that committed defendant is no longer danger to self or others , that defendant no longer requires hospital level of care, or that resources to treat defendant are available in community. Requires review hearing every seven days when court terminates commitment but defendant remains in custody. Prohibits court from committing defendant lacking fitness to proceed to state mental hospital or other facility when defendant charged only with violation offenses. Restricts circumstances in which court may commit defendant lacking fitness to proceed to state mental hospital or other facility when defendant is ] charged only with misdemeanor or violation ] misdemeanor offenses . Provides that defendant committed for treatment to restore fitness to proceed receive credit for time served in jail both before and after commitment. Authorizes treatment, as permitted by law, when defendant committed for purposes of conducting examination on issue of mental defense. Restricts availability and use of report resulting from examination. Declares emergency, effective on passage.
Bill status
signed
all 5 stages cleared
Introduction
Jan 2019
Committee Review
Jun 2019
Senate Passage
Jul 2019
House Passage
Jul 2019
Signed into Law
Jul 2019
Introduced Jan 14, 2019
Signed Jul 15, 2019
Floor votes · Senate Apr 23, 2019 · House Jun 4, 2019
How they voted
29–0
Passed
Total votes 29
Apr 23, 2019
D
Democratic18
100% Yea
I
Independent1
100% Yea
R
Republican10
100% Yea
Vote distribution
All Yea
All Nay
Mixed
No data
Full legislative history
Actions timeline
Total actions
30
Key actions
12
Committee
8
Jul 15, 2019
Signed into law
Governor signed.
upper
Jul 3, 2019
Lower · Passed
Speaker signed.
lower
Jul 3, 2019
Upper · Passed
President signed.
upper
Jun 29, 2019
Upper · Passed
Senate adopted Conference Committee Report and repassed bill.
upper
Jun 25, 2019
Lower · Passed
Repassed.
lower
Jun 25, 2019
Lower · Passed
House adopted Conference Committee Report.
lower
Jun 20, 2019
Lower · Passed
Conference Committee Report read in House.
lower
Jun 19, 2019
Upper · Passed
Conference Committee Recommendation: The Senate concur in House amendments dated 05-30 and B-Engrossed bill be further amended and repassed.
upper
Jun 4, 2019
Lower · Passed
Third reading. Carried by Greenlick, Williamson. Passed.
lower
May 30, 2019
Lower · Passed
Recommendation: Do pass with amendments and be printed B-Engrossed.
lower
Apr 26, 2019
Committee
Referred to Judiciary.
lower
Apr 24, 2019
Introduced
First reading. Referred to Speaker's desk.
lower
Apr 23, 2019
Upper · Passed
Third reading. Carried by Manning Jr. Passed.
upper
Apr 19, 2019
Upper · Passed
Recommendation: Do pass with amendments. (Printed A-Eng.)
upper
Jan 15, 2019
Committee
Referred to Judiciary.
upper
Jan 14, 2019
Introduced
Introduction and first reading. Referred to President's desk.
upper
0 primary · 0 co-sponsors
Sponsors
No sponsor information available.
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