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HB52

Competency and sanity evaluations; location of evaluation.

Status:
Enacted

Chief Patron:
Patrick Hope (D)

Session:
2018 Regular Session

Summary

As Passed Both Chambers. Competency and sanity evaluations; location of evaluation.

Requires that evaluations to determine whether a person is competent to stand trial or to determine a person's sanity at the time of the commission of a criminal offense be conducted on an outpatient basis at a mental health facility or in jail unless an outpatient evaluation has been conducted and the outpatient evaluator opines that a hospital-based evaluation is needed to reliably reach an opinion or unless the defendant is in the custody of the Commissioner of Behavioral Health and Developmental Services. Currently, such evaluations are to be conducted on an outpatient basis, but a court may order that a person be hospitalized instead if the court finds the services necessary to conduct an outpatient evaluation are not available or if the results of the outpatient evaluation indicate that it is necessary to hospitalize the person for further evaluation. (Less)
  • Bill History

  • 12/01/2017 - House: Prefiled and ordered printed; offered 01/10/18 18100445D
  • 12/01/2017 - House: Referred to Committee for Courts of Justice
  • 01/16/2018 - House: Assigned Courts sub: Subcommittee #2
  • 01/24/2018 - House: Subcommittee recommends reporting with amendment (8-Y 0-N)
  • 02/05/2018 - House: Reported from Courts of Justice with amendments (18-Y 0-N)
  • 02/07/2018 - House: Read first time
  • 02/08/2018 - House: Read second time
  • 02/08/2018 - House: Committee amendments agreed to
  • 02/08/2018 - House: Engrossed by House as amended HB52E
  • 02/08/2018 - House: Printed as engrossed 18100445D-E
  • 02/09/2018 - House: Read third time and passed House (98-Y 0-N 1-A)
  • 02/09/2018 - House: VOTE: PASSAGE (98-Y 0-N 1-A)
  • 02/12/2018 - Senate: Constitutional reading dispensed
  • 02/12/2018 - Senate: Referred to Committee for Courts of Justice
  • 02/15/2018 - House: Impact statement from DPB (HB52E)
  • 02/19/2018 - Senate: Reported from Courts of Justice with amendments (15-Y 0-N)
  • 02/20/2018 - Senate: Constitutional reading dispensed (40-Y 0-N)
  • 02/21/2018 - Senate: Read third time
  • 02/21/2018 - Senate: Reading of amendments waived
  • 02/21/2018 - Senate: Committee amendments agreed to
  • 02/21/2018 - Senate: Engrossed by Senate as amended
  • 02/21/2018 - Senate: Passed Senate with amendments (39-Y 0-N)
  • 02/23/2018 - House: Placed on Calendar
  • 02/23/2018 - House: Senate amendments agreed to by House (96-Y 0-N 1-A)
  • 02/23/2018 - House: VOTE: ADOPTION (96-Y 0-N 1-A)
  • 02/27/2018 - House: Enrolled
  • 02/27/2018 - House: Bill text as passed House and Senate (HB52ER)
  • 02/27/2018 - House: Signed by Speaker
  • 02/28/2018 - House: Impact statement from DPB (HB52ER)
  • 03/02/2018 - Senate: Signed by President
  • 03/05/2018 - House: Enrolled Bill communicated to Governor on March 5, 2018
  • 03/05/2018 - Governor: Governor's Action Deadline Midnight, April 9, 2018
  • 03/19/2018 - Governor: Approved by Governor-Chapter 367 (effective 7/1/18)
  • 03/19/2018 - Governor: Acts of Assembly Chapter text (CHAP0367)