House Study Bill 140
SENATE/HOUSE FILE
BY (PROPOSED DEPARTMENT OF
HUMAN SERVICES BILL)
Passed Senate, Date Passed House, Date
Vote: Ayes Nays Vote: Ayes Nays
Approved
A BILL FOR
1 An Act relating to the timing of a mental competency hearing for
2 a person accused of a criminal offense.
3 BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF IOWA:
4 TLSB 1274DP 81
5 jm/cf/24
PAG LIN
1 1 Section 1. Section 812.4, subsection 1, Code 2005, is
1 2 amended to read as follows:
1 3 1. A hearing shall be held within fourteen twenty days of
1 4 the filing of the order for an evaluation, or within five days
1 5 of the court's motion or the filing of an application, if the
1 6 defendant has had a psychiatric evaluation within thirty days
1 7 of the probable cause finding, and upon which the court
1 8 decides to rely. Pending the hearing, no further proceedings
1 9 shall be taken under the complaint or indictment and the
1 10 defendant's right to a speedy indictment and speedy trial
1 11 shall be tolled until the court finds the defendant competent
1 12 to stand trial.
1 13 EXPLANATION
1 14 This bill relates to a mental competency hearing for a
1 15 person accused of a criminal offense.
1 16 Under the bill, once it is determined a person accused of a
1 17 crime may not appreciate the criminal proceedings, a hearing
1 18 shall be held within 20 days of the filing of the order for an
1 19 evaluation to determine if the person is mentally competent.
1 20 Current law provides that the hearing be held within 14 days
1 21 of the filing of the order for an evaluation to determine if
1 22 the person is mentally competent.
1 23 LSB 1274DP 81
1 24 jm:nh/cf/24