February 22, 2011
SENATE BILL No. 262
DIGEST OF SB 262
(Updated February 21, 2011 4:50 pm - DI 106)
Citations Affected: IC 35-36.
Synopsis: Competency examination. Removes the requirement that
at least one of the persons appointed by a court to examine a defendant
who raises an incompetency claim must be a psychiatrist. 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.
, Bray, Taylor
January 6, 2011, read first time and referred to Committee on Rules and Legislative
January 18, 2011, amended; reassigned to Committee on Corrections, Criminal, and Civil
February 17, 2011, amended, reported favorably _ Do Pass.
February 21, 2011, read second time, amended, ordered engrossed.
February 22, 2011
First Regular Session 117th General Assembly (2011)
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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)SB0262.3.1. -->
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:
(2) psychologists endorsed by the Indiana state board of
examiners in psychology as health service providers in
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.
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.