Senate File 366 - Introduced



                                       SENATE FILE       
                                       BY  COMMITTEE ON JUDICIARY

                                       (SUCCESSOR TO SSB 1107)


    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 1274SV 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 days of the
  1  4 filing of the order for an evaluation, or within five days of
  1  5 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.  If the court orders an evaluation, the clerk
  1  9 of the district court shall send a copy of the order to the
  1 10 department of human services within twenty=four hours of the
  1 11 court ordering such an evaluation.  Pending the hearing, no
  1 12 further proceedings shall be taken under the complaint or
  1 13 indictment and the defendant's right to a speedy indictment
  1 14 and speedy trial shall be tolled until the court finds the
  1 15 defendant competent to stand trial.
  1 16                           EXPLANATION
  1 17    This bill relates to a mental competency hearing for a
  1 18 person accused of a criminal offense.
  1 19    The bill provides that upon the court ordering a person
  1 20 accused of a crime to undergo a psychiatric evaluation, the
  1 21 clerk of the district court shall send a copy of the order to
  1 22 the department of human services within 24 hours of the court
  1 23 ordering such an evaluation.
  1 24 LSB 1274SV 81
  1 25 jm:nh/cf/24