The House Court and Criminal Code Committee heard HB 1194 on competency to stand trial authored by Rep. McNamara. The bill provides that certain licensed individuals may examine a defendant and testify as to whether the defendant can understand the criminal proceedings and assist in the preparation of the defendant’s defense. The bill also allows a court to dismiss criminal charges, without prejudice, upon motion by either party, if: (1) a substantial probability does not exist that a defendant will attain competency restoration or if the defendant has not attained competency restoration after six months of restoration services; (2) the defendant has a certain diagnosis; and (3) the defendant is charged with a misdemeanor or Level 6 felony.
An amendment was adopted by consent authorizing the parties to agree to only one evaluation while reserving the right to add additional evaluations in further proceedings.
Testimony in support of the bill was heard from Coalition of Advance Practice Registered Nurses, and the Division of Mental Health and Addiction.
The amended bill passed 13-0.
Read the bill at https://iga.in.gov/legislative/2023/bills/house/1194