ARIZONA HOUSE OF REPRESENTATIVES

HB 2053: competency evaluations; reports

PRIME SPONSOR: Representative Allen J, LD 15

BILL STATUS: House Engrossed

Overview

Removes a requirement from the mental health examiner's report on a defendant's competency.

History

In a criminal proceeding, the court or either party may request in writing that the defendant be examined to determine the defendant's competency to stand trial, enter a plea, or assist the defendant's attorney (A.R.S. § 13-4503).

If the court determines reasonable grounds exist for a competency examination, the court must appoint two or more mental health experts to examine the defendant, issue a report and, if necessary, testify regarding the defendant's competency (A.R.S. §13-4505).

If the mental health examiner determines the defendant is currently competent by virtue of ongoing treatment with psychotropic medication, the report must address the necessity of continuing treatment and any limitations the medication may have on competency (A.R.S. § 13-4509 (C)).

Within thirty days after the examiner's report is submitted, the court must hold a hearing to determine a defendant's competency to stand trial (A.R.S § 13-4510 (A)).

Provisions

1. Removes the requirement that, if the defendant is competent by virtue of ongoing treatment with psychotropic medication, the mental health examiner's report must address the necessity of continuing treatment and any limitations the medication may have on competency (Sec. 1).

2. Allows the court to appoint a physician to address the necessity of continuing treatment and any limitations the medication may have on the defendant's competency if the mental health examiner determines the defendant is competent by virtue of ongoing treatment with psychotropic medication.

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6. Fifty-fourth Legislature                       HB 2053

7. First Regular Session                            Version 1: House Engrossed

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