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 withinfourteentwenty 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