HB 259

Abstract

Unrestorably incompetent defendant; competency report. Provides that in cases where a defendant is likely to remain incompetent for the foreseeable future due to an ongoing and irreversible medical condition and prior medical or educational records are available to support the diagnosis, a competency report may recommend that the court find the defendant unrestorably incompetent to stand trial, and the court may proceed with the disposition of the case based on such recommendation. Under current law, the defendant is required to undergo treatment to restore his competency before the court can find a defendant unrestorably incompetent to stand trial. The bill also provides that such person who is found unrestorably incompetent to stand trial shall be prohibited from purchasing, possessing, or transporting a firearm. This bill is identical to SB 670.

Unrestorably incompetent defendant; competency report. Provides that in cases where a defendant is likely to remain incompetent for the foreseeable future due to an ongoing and irreversible medical condition and prior medical or educational records are available to support the diagnosis, a competency report may recommend that the court find the defendant unrestorably incompetent to stand trial, and the court may proceed with the disposition of the case based on such recommendation. Under current law, the defendant is required to undergo treatment to restore his competency before the court can find a defendant unrestorably incompetent to stand trial. The bill also provides that such person who is found unrestorably incompetent to stand trial shall be prohibited from purchasing, possessing, or transporting a firearm.

Unrestorably incompetent defendant; competencyreport. Provides that in cases where a defendant's competencyis primarily compromised due to an ongoing and irreversible medicalcondition and prior medical or educational records are availableto support the diagnosis, a competency report may recommend thatthe court find the defendant unrestorably incompetent to stand trial,and the court may proceed with the disposition of the case basedon such recommendation. Under current law, the defendant is requiredto undergo treatment to restore his competency before the court canfind a defendant unrestorably incompetent to stand trial. The billalso provides that such person who is found unrestorably incompetentto stand trial shall be prohibited from purchasing, possessing, ortransporting a firearm.