ARIZONA HOUSE OF REPRESENTATIVES

Fifty-fourth Legislature

Second Regular Session

House: JUD DP 10-0-0-0

HB 2232: competency examinations; records; appointments

Sponsor:  Representative Allen J, LD 15

Committee on Judiciary

Overview

Mandates if a person is charged with a misdemeanor, one or more mental health experts must be appointed to examine the defendant. If the person is charged with a felony, two or more mental health experts must be appointed.

History

The current statute states the court must appoint two or more mental health experts to examine a defendant if reasonable grounds exist for a competency hearing, regardless of a misdemeanor or felony charge. (A.R.S. § 13-4505)

The statute also requires the parties involved to provide all available medical and criminal records to the court within three working days after the motion is filed. (A.R.S. § 13-4503)

Provisions

1.    Eliminates the requirement for all parties involved to provide available medical and criminal records to the court within three working days after the motion is filed. (Sec. 1)

2.    ☐ Prop 105 (45 votes) ☐ Prop 108 (40 votes) ☐ Emergency (40 votes) ☐ Fiscal NoteChanges the number of mental health experts evaluating a defendant with a misdemeanor charge from two experts to one expert; a felony charge requires two or more experts to examine the defendant. (Sec. 2)

3.    Requires a mental health expert to examine the defendant, issue a report, and if necessary, testify regarding the defendant's competency. (Sec. 2)

4.    Contains technical and conforming changes. (Sec. 1, 2)

5.     

6.     

7.    ---------- DOCUMENT FOOTER ---------

8.    Initials LC/SF                    Caucus & COW

9.     

10.  ---------- DOCUMENT FOOTER ---------