Bill Text: AZ HB2471 | 2010 | Forty-ninth Legislature 2nd Regular | Chaptered
Bill Title: Appointed mental health experts; requirements
Spectrum: Moderate Partisan Bill (Republican 13-3)
Status: (Passed) 2010-05-07 - Governor Signed [HB2471 Detail]
Download: Arizona-2010-HB2471-Chaptered.html
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Senate Engrossed House Bill |
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State of Arizona House of Representatives Forty-ninth Legislature Second Regular Session 2010
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HOUSE BILL 2471 |
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AN ACT
amending sections 8-291.02 and 13-4505, Arizona Revised Statutes; relating to competency proceedings.
(TEXT OF BILL BEGINS ON NEXT PAGE)
Be it enacted by the Legislature of the State of Arizona:
Section 1. Section 8-291.02, Arizona Revised Statutes, is amended to read:
8-291.02. Expert appointment; costs; immunity
A. If the court determines that grounds exist for a competency examination, the court shall appoint two or more mental health experts, at least one of whom is a psychiatrist licensed pursuant to title 32, chapter 13 or 17. The mental health experts shall examine the juvenile, issue a report and, if necessary, testify regarding the juvenile's competency. The court, on its own motion or upon motion of any party, may order that one of the mental health experts appointed shall be a physician specializing in psychiatry and licensed pursuant to title 32, chapter 13 or 17. The state and the juvenile, upon approval of the court, may stipulate to the appointment of only one expert.
B. The court may order the juvenile to submit to any physical, neurological or psychological examination, if necessary, to adequately determine the juvenile's mental condition.
C. The county shall pay the costs of any examination that is ordered pursuant to subsection B, except that if a municipal court judge refers a case, the political subdivision shall pay the costs of the examination.
D. This section does not prohibit any party from retaining the party's own expert to conduct additional examinations at the party's own expense.
E. A person who is appointed as a mental health expert or a clinical liaison is immune from liability for acts or omissions pursuant to this section, except that the mental health expert or clinical liaison may be liable for intentional, wanton or grossly negligent acts that are done in the performance of the expert's or liaison's duties.
Sec. 2. Section 13-4505, Arizona Revised Statutes, is amended to read:
13-4505. Appointment of experts; costs
A. If the court determines pursuant to section 13‑4503 that reasonable grounds exist for a competency examination, the court shall appoint two or more mental health experts, at least one of whom shall be a physician specializing in psychiatry licensed pursuant to title 32, chapter 13 or 17, to examine the defendant, issue a report and, if necessary, testify regarding the defendant's competency. The court, on its own motion or upon motion of any party, may order that one of the mental health experts appointed shall be a physician specializing in psychiatry and licensed pursuant to title 32, chapter 13 or 17. The state and the defendant, upon approval of the court, may stipulate to the appointment of only one expert.
B. The court may order the defendant to submit to physical, neurological or psychological examinations, if necessary, to adequately determine the defendant's mental condition.
C. The court shall order the defendant to pay the costs of the court ordered examination, except that if the court finds the defendant is indigent or otherwise unable to pay all or any part of the costs or if the prosecution requested the examination, the court shall order the county to pay the costs of the examination or, if the case is referred by a municipal court judge, the court shall order the city to pay the costs of the examination.
D. This section does not prohibit any party from retaining its own expert to conduct any additional examinations at its own expense.
E. A person who is appointed as a mental health expert or clinical liaison is entitled to immunity, except that the mental health expert or clinical liaison may be liable for intentional, wanton or grossly negligent acts that are done in the performance of the expert's or liaison's duties.
