Reprinted

April 18, 2011





ENGROSSED

SENATE BILL No. 262

_____


DIGEST OF SB 262 (Updated April 15, 2011 2:00 pm - DI 103)



Citations Affected: IC 35-36.

Synopsis: Competency examination. Permits a physician to examine a defendant who raises an incompetency claim. Requires that a psychologist, psychiatrist, or physician appointed to examine a defendant have expertise in determining competency.

Effective: July 1, 2011.





Steele , Bray, Taylor, Zakas
(HOUSE SPONSORS _ KOCH, MCMILLIN)




    January 6, 2011, read first time and referred to Committee on Rules and Legislative Procedure.
    January 18, 2011, amended; reassigned to Committee on Corrections, Criminal, and Civil Matters.
    February 17, 2011, amended, reported favorably _ Do Pass.
    February 21, 2011, read second time, amended, ordered engrossed.
    February 22, 2011, engrossed. Read third time, passed. Yeas 49, nays 0.

HOUSE ACTION

    March 28, 2011, read first time and referred to Committee on Courts and Criminal Code.
    April 13, 2011, reported _ Do Pass.
    April 15, 2011, read second time, amended, ordered engrossed.





Reprinted

April 18, 2011

First Regular Session 117th General Assembly (2011)


PRINTING CODE. Amendments: Whenever an existing statute (or a section of the Indiana Constitution) is being amended, the text of the existing provision will appear in this style type, additions will appear in this style type, and deletions will appear in this style type.
Additions: Whenever a new statutory provision is being enacted (or a new constitutional provision adopted), the text of the new provision will appear in this style type. Also, the word NEW will appear in that style type in the introductory clause of each SECTION that adds a new provision to the Indiana Code or the Indiana Constitution.
Conflict reconciliation: Text in a statute in this style type or this style type reconciles conflicts between statutes enacted by the 2010 Regular Session of the General Assembly.


ENGROSSED

SENATE BILL No. 262



    A BILL FOR AN ACT to amend the Indiana Code concerning courts and court officers.

Be it enacted by the General Assembly of the State of Indiana:

SOURCE: IC 35-36-3-1; (11)ES0262.2.1. -->     SECTION 1. IC 35-36-3-1, AS AMENDED BY P.L.110-2009, SECTION 15, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE JULY 1, 2011]: Sec. 1. (a) If at any time before the final submission of any criminal case to the court or the jury trying the case, the court has reasonable grounds for believing that the defendant lacks the ability to understand the proceedings and assist in the preparation of a defense, the court shall immediately fix a time for a hearing to determine whether the defendant has that ability. The court shall appoint two (2) or three (3) competent, disinterested:
        (1) psychiatrists; or
        (2) psychologists endorsed by the Indiana state board of examiners in psychology as health service providers in psychology; or
        (3) physicians;
who have expertise in determining competency.
endorsed by the Indiana state board of examiners in psychology as health service providers in psychology.
At least one (1) of the individuals appointed under this subsection must be a psychiatrist or psychologist. However, none may be an employee or a contractor of a state institution (as defined in IC 12-7-2-184). The individuals who are appointed shall examine the defendant and testify at the hearing as to whether the defendant can understand the proceedings and assist in the preparation of the defendant's defense.
    (b) At the hearing, other evidence relevant to whether the defendant has the ability to understand the proceedings and assist in the preparation of the defendant's defense may be introduced. If the court finds that the defendant has the ability to understand the proceedings and assist in the preparation of the defendant's defense, the trial shall proceed. If the court finds that the defendant lacks this ability, it shall delay or continue the trial and order the defendant committed to the division of mental health and addiction. The division of mental health and addiction shall provide competency restoration services or enter into a contract for the provision of competency restoration services by a third party in the:
        (1) location where the defendant currently resides; or
        (2) least restrictive setting appropriate to the needs of the defendant and the safety of the defendant and others.
However, if the defendant is serving an unrelated executed sentence in the department of correction at the time the defendant is committed to the division of mental health and addiction under this section, the division of mental health and addiction shall provide competency restoration services or enter into a contract for the provision of competency restoration services by a third party at a department of correction facility agreed upon by the division of mental health and addiction or the third party contractor and the department of correction.
    (c) If the court makes a finding under subsection (b), the court shall transmit any information required by the division of state court administration to the division of state court administration for transmission to the NICS (as defined in IC 35-47-2.5-2.5) in accordance with IC 33-24-6-3.