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