PREFILED JAN 13 2020
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REFERENCE TITLE: competency examinations; records; appointments |
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State of Arizona House of Representatives Fifty-fourth Legislature Second Regular Session 2020
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HB 2232 |
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Introduced by Representative Allen J
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AN ACT
amending sections 13‑4503 and 13‑4505, Arizona Revised Statutes; relating to competency examinations.
(TEXT OF BILL BEGINS ON NEXT PAGE)
Be it enacted by the Legislature of the State of Arizona:
Section 1. Section 13-4503, Arizona Revised Statutes, is amended to read:
13-4503. Request for competency examination; jurisdiction over competency hearings; referral
A. At any time after the prosecutor charges a criminal offense by complaint, information or indictment, any party or the court on its own motion may request in writing that the defendant be examined to determine the defendant's competency to stand trial, to enter a plea or to assist the defendant's attorney. The motion shall state the facts on which the mental examination is sought.
B. Within three working days after a motion is filed pursuant to this section, the parties shall provide all available medical and criminal history records to the court.
C. B. The court may request that a mental health expert assist the court in determining if reasonable grounds exist for examining a defendant.
D. c. Except as provided in subsection E D of this section, after any court determines that reasonable grounds exist for further competency proceedings, the superior court shall have exclusive jurisdiction over all competency hearings.
E. D. The presiding judge of the superior court in each county, with the agreement of the justice of the peace or municipal court judge, may authorize a justice court or municipal court to exercise jurisdiction over a competency hearing in a misdemeanor case that arises out of the justice court or municipal court.
F. E. A justice of the peace or municipal court judge, with the approval of the presiding judge of the superior court and the justice or judge of the receiving court, may refer a competency hearing to another justice court or municipal court that is located in the county.
Sec. 2. Section 13-4505, Arizona Revised Statutes, is amended to read:
13-4505. Appointment of experts; costs
A. If the court determines pursuant to section 13‑4503 that reasonable grounds exist for a competency examination, the court shall:
1. If the defendant is charged with only a misdemeanor, appoint one or more mental health experts to examine the defendant.
2. If the defendant is charged with a felony, appoint two or more mental health experts to examine the defendant.
B. The mental health expert shall examine the defendant, issue a report and, if necessary, testify regarding the defendant's competency. The court, on its own motion or upon on motion of any party, may order that one of the mental health experts appointed shall be a physician specializing in psychiatry and licensed pursuant to title 32, chapter 13 or 17. The state and the defendant, upon On approval of the court, may stipulate to the appointment of only one expert.
B. C. The court may order the defendant to submit to physical, neurological or psychological examinations, if necessary, to adequately determine the defendant's mental condition.
C. D. The court shall order the defendant to pay the costs of the court ordered examination, except that if the court finds the defendant is indigent or otherwise unable to pay all or any part of the costs or if the prosecution requested the examination, the court shall order the county to pay the costs of the examination or, if the case is referred by a municipal court judge, the court shall order the city to pay the costs of the examination.
D. E. This section does not prohibit any party from retaining its own expert to conduct any additional examinations at its own expense.
E. F. A person who is appointed as a mental health expert or clinical liaison is entitled to immunity, except that the mental health expert or clinical liaison may be liable for intentional, wanton or grossly negligent acts that are done in the performance of the expert's or liaison's duties.