Assigned to JUD                                                                                                                     FOR COMMITTEE

 

 

 

 


ARIZONA STATE SENATE

Fifty-Fourth Legislature, First Regular Session

 

FACT SHEET FOR H.B. 2053

 

competency evaluations; reports

Purpose

            Removes the requirement that a mental health expert's report of a defendant who is competent by virtue of ongoing treatment with psychotropic medication includes specific criteria.

Background

            Statute prohibits a person from being tried, convicted, sentenced or punished for an offense if a court determines that the person is incompetent to stand trial (A.R.S. § 13-4502). A defendant is incompetent to stand trial if, as a result of a mental illness, defect or disability, the defendant is unable to: 1) understand the nature and object of the proceedings; or 2) assist in his or her defense (A.R.S. § 13-4501).

            After criminal charges are filed against a defendant, any party or court may request an examination to determine whether the defendant is competent to stand trial (A.R.S. § 13-4503). If a 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 a mental health examiner determines the defendant is competent by virtue of ongoing treatment with psychotropic medication, the report must: 1) address the necessity of continuing treatment; and 2) include a description of any limitations that the medication may have on competency (A.R.S. § 13-4509).

            There is no anticipated fiscal impact to the state General Fund associated with this legislation.

Provisions

1.      Removes the requirement that a mental health expert's report of a defendant who is competent by virtue of ongoing treatment with psychotropic medication includes:

a)      the necessity of continuing treatment; and

b)      any limitations that the medication may have on competency.

2.      Allows a court to appoint a mental health expert who is a physician, if a mental health examiner determines a defendant is competent by virtue of ongoing treatment with psychotropic medication, to address:

a)      the necessity of continuing treatment; and

b)      any limitations that the medication may have on competency.

3.      Makes conforming changes.

4.      Becomes effective on the general effective date.

House Action

JUD                 1/30/19      DPA    8-2-0-0

3rd Read          2/14/19                  60-0-0

Prepared by Senate Research

March 19, 2019

JA/AB/kja