Bill Text: HI HB553 | 2017 | Regular Session | Amended
Bill Title: Relating To Criminal Defendants' Fitness To Proceed.
Spectrum: Partisan Bill (Democrat 7-0)
Status: (Engrossed - Dead) 2017-03-10 - Re-Referred to CPH, JDL. [HB553 Detail]
Download: Hawaii-2017-HB553-Amended.html
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HOUSE OF REPRESENTATIVES |
H.B. NO. |
553 |
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TWENTY-NINTH LEGISLATURE, 2017 |
H.D. 1 |
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STATE OF HAWAII |
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A BILL FOR AN ACT
RELATING TO CRIMINAL DEFENDANTS' FITNESS TO PROCEED.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF HAWAII:
SECTION 1. Section 704-404, Hawaii Revised Statutes, is amended by amending subsection (2) to read as follows:
"(2) Upon suspension of further
proceedings in the prosecution, the court shall appoint [three qualified
examiners in felony cases, and] one qualified examiner [in nonfelony
cases,] to examine and report upon the defendant's fitness to proceed. [In
felony cases, the court shall appoint as examiners at least one psychiatrist
and at least one licensed psychologist. The third examiner may be a
psychiatrist, licensed psychologist, or qualified physician. One of the three
examiners shall be a psychiatrist or licensed psychologist designated by the
director of health. In nonfelony cases, the court may appoint as examiners
either a psychiatrist or a licensed psychologist. All examiners shall be
appointed] An examiner shall be a psychiatrist or a licensed
psychologist designated by the director of health from a list of certified
examiners as determined by the department of health. The court, in appropriate
circumstances, may appoint an additional examiner or examiners. The
examination may be conducted while the defendant is in custody or on release
or, in the court's discretion, when necessary the court may order the defendant
to be committed to a hospital or other suitable facility for the purpose of the
examination for a period not exceeding thirty days, or a longer period as the
court determines to be necessary for the purpose. The court may direct that
one or more qualified physicians or psychologists retained by the defendant be
permitted to witness the examination. As used in this section, the term
"licensed psychologist" includes psychologists exempted from
licensure by section 465-3(a)(3) and "qualified physician" means a
physician qualified by the court for the specific evaluation ordered."
SECTION 2. Section 704-404, Hawaii Revised Statutes, is amended by amending subsection (2) to read as follows:
"(2) Upon suspension of further
proceedings in the prosecution, the court shall appoint three qualified
examiners in felony cases, and one qualified examiner in nonfelony
cases, to examine and report upon the defendant's fitness to proceed. In
felony cases, the court shall appoint as examiners at least one psychiatrist
and at least one licensed psychologist. The third examiner may be a
psychiatrist, licensed psychologist, or qualified physician. One of the three
examiners shall be a psychiatrist or licensed psychologist designated by the
director of health from within the department of health. In nonfelony cases,
the court may appoint as examiners either a psychiatrist or a licensed
psychologist. [An examiner shall be a psychiatrist or a licensed
psychologist designated by the director of health] All examiners
shall be appointed from a list of certified examiners as determined by the
department of health. The court, in appropriate circumstances, may appoint an
additional examiner or examiners. The examination may be conducted while the
defendant is in custody or on release or, in the court's discretion, when
necessary the court may order the defendant to be committed to a hospital or
other suitable facility for the purpose of the examination for a period not
exceeding thirty days, or a longer period as the court determines to be
necessary for the purpose. The court may direct that one or more qualified
physicians or psychologists retained by the defendant be permitted to witness
the examination. As used in this section, the term "licensed
psychologist" includes psychologists exempted from licensure by section
465-3(a)(3) and "qualified physician" means a physician qualified by
the court for the specific evaluation ordered."
SECTION 3. Section 704-406, Hawaii Revised Statutes, is amended by amending subsection (3) to read as follows:
"(3) When the court, on its own motion or
upon the application of the director of health, the prosecuting attorney, or
the defendant, has reason to believe that the defendant has regained fitness to
proceed, for a defendant charged with the offense of murder in the first or
second degree, attempted murder in the first or second degree, [or a]
class A felony, [the court shall appoint three qualified examiners and may
appoint in all] or all other cases, the court shall appoint one
qualified examiner, to examine and report upon the physical and mental
condition of the defendant. [In cases in which the defendant has been
charged with murder in the first or second degree, attempted murder in the
first or second degree, or a class A felony, the court shall appoint as
examiners at least one psychiatrist and at least one licensed psychologist.
The third examiner may be a psychiatrist, licensed psychologist, or qualified
physician. One of the three examiners] The examiner shall be a
psychiatrist or licensed psychologist designated by the director of health [from
within the department of health. In all other cases, the one qualified
examiner shall be a psychiatrist or licensed psychologist designated by the
director of health from within the department of health]. The court, in
appropriate circumstances, may appoint an additional examiner or examiners.
All additional examiners shall be appointed from a list of certified
examiners as determined by the department of health. After a hearing, if a
hearing is requested, if the court determines that the defendant has regained
fitness to proceed, the penal proceeding shall be resumed and the defendant
shall no longer be committed to the custody of the director of health. In
cases where a defendant is charged with the offense of murder in the first or
second degree, attempted murder in the first or second degree, or a class A
felony, upon the request of the prosecuting attorney or the defendant, and in
consideration of information provided by the defendant's clinical team, the
court may order that the defendant remain in the custody of the director of
health, for good cause shown, subject to bail or until a judgment on the
verdict or a finding of guilt after a plea of guilty or nolo contendere.
Thereafter, the court may consider a request from the director of health to
rescind its order maintaining the defendant in the director's custody, for good
cause shown. As used in this section, the term "qualified physician"
means a physician qualified by the court for the specific evaluation ordered. If,
however, the court [is of the view that so much time has elapsed] determines
the time elapsed since the defendant's commitment or release on
conditions [of the defendant that it would be unjust to resume] creates
an injustice if the proceeding[,] resumed, the court may
dismiss the charge and:
(a) Order the defendant to be discharged;
(b) Subject to section 334-60.2 regarding involuntary hospitalization criteria, order the defendant to be committed to the custody of the director of health to be placed in an appropriate institution for detention, care, and treatment; or
(c) Subject to section 334-121 regarding assisted community treatment criteria, order the defendant to be released on conditions the court determines necessary."
SECTION 4. Act 231, Session Laws of Hawaii 2016, is amended by amending section 72 to read as follows:
"SECTION 72. This Act shall take effect on July 1, 2016; provided that:
(1) Sections [5,] 9[,] and 12 shall
take effect on July 1, 2018; and
(2) Section 64 shall take effect on June 30, 2016, and the amendments made to section 806-73(b), Hawaii Revised Statutes, in section 64 of this Act shall not be repealed when section 806-73(b), Hawaii Revised Statutes, is repealed and reenacted on July 1, 2016, pursuant to Act 119, Session Laws of Hawaii 2011."
SECTION 5. Act 231, Session Laws of Hawaii 2016, is amended by repealing section 5:
["SECTION 5. Section 704-404, Hawaii
Revised Statutes, is amended by amending subsection (2) to read as follows:
"(2) Upon suspension of further
proceedings in the prosecution, the court shall appoint three qualified
examiners in felony cases, and one qualified examiner in nonfelony cases, to
examine and report upon the physical and mental condition of the defendant. In
felony cases, the court shall appoint at least one psychiatrist and at least
one licensed psychologist. The third member may be a psychiatrist, licensed
psychologist, or qualified physician. One of the three shall be a psychiatrist
or licensed psychologist designated by the director of health from within the
department of health. In nonfelony cases, the court may appoint either a
psychiatrist or a licensed psychologist. All examiners shall be appointed from
a list of certified examiners as determined by the department of health. The
court, in appropriate circumstances, may appoint an additional examiner or
examiners. The examination may be conducted while the defendant is in custody
or on release or, in the court's discretion, when necessary the court may order
the defendant to be committed to a hospital or other suitable facility for the
purpose of the examination for a period not exceeding thirty days, or a longer
period as the court determines to be necessary for the purpose. The court may
direct that one or more qualified physicians or psychologists retained by the
defendant be permitted to witness the examination. As used in this section,
the term "licensed psychologist" includes psychologists exempted from
licensure by section 465-3(a)(3).""]
SECTION 6. This Act does not affect rights and duties that matured, penalties that were incurred, and proceedings that were begun before its effective date.
SECTION 7. Statutory material to be repealed is bracketed and stricken. New statutory material is underscored.
SECTION 8. This Act shall take effect on July 1, 2050; provided that:
(1) Section 1 of this Act is repealed on July 1, 2022;
(2) Section 2 of this Act shall take effect on July 1, 2022; and
(3) Section 704-406(3) shall be repealed on July 1, 2022 and shall be reenacted in the form in which it read on the day before the effective date of this Act.
Report Title:
Criminal Defendants; Fitness to Proceed; Regaining Fitness to Proceed; Examinations
Description:
Provides that the court may appoint one qualified examiner instead of three, to evaluate a criminal defendant's fitness to proceed or regaining fitness to proceed in all penal cases and removes the requirement that examiner shall be from within the Department of Health. On July 1, 2022, the requirement shall be three qualified examiners for felony cases and one examiner in non-felony cases. One of the examiners shall be from within the Department of Health. (HB553 HD1)
The summary description of legislation appearing on this page is for informational purposes only and is not legislation or evidence of legislative intent.
