The House Ways and Means Committee heard HB 1194 on competency to stand trial authored by Rep. McNamara. The House Courts and Criminal Code Committee referred the bill to Ways and Means pursuant to House Rule 127. 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.
The bill passed 15-1.
Read the bill at: https://iga.in.gov/legislative/2023/bills/house/1194