Bill Text: HI SB2431 | 2018 | Regular Session | Introduced

Hawaii Senate Bill 2431 (Prior Session Legislation)

Introduced

Bill Title: Relating To Qualified Examiners.

Spectrum: Partisan Bill (Democrat 4-0)

Status: (Introduced - Dead) 2018-02-22 - The committee on JDC deferred the measure. [SB2431 Detail]

Download: Hawaii-2018-SB2431-Introduced.html

THE SENATE	S.B. NO.	2431
TWENTY-NINTH LEGISLATURE, 2018
STATE OF HAWAII

A BILL FOR AN ACT

relating to qualified examiners.

BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF HAWAII:

SECTION 1. The legislature finds that, under existing law, persons charged with a felony must be examined by a panel of three qualified examiners as a prerequisite to being declared unfit to proceed with legal proceedings. There are currently many legal proceedings that are not being completed in a timely manner due to the high number of cases that require examiners and the lack of qualified examiners in the State. Due to the backlog of fitness examinations, persons spend an average of four months in custody while awaiting examinations.

The legislature further finds that requiring three qualified examiners to examine each person for whom there is doubt about their fitness to proceed is excessive, as Hawaii is the only state in the nation that requires three examiners. Reducing the minimum number of qualified examiners will reduce the backlog of fitness examinations and thus guard a person's right to a speedy trial.

The purpose of this Act is to ease the requirements of fitness to proceed examinations in felony cases.

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 at least one, but not more than 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~~] or licensed psychologist[~~. The third~~] as an examiner. Any other 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 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. Act 231, Session Laws of Hawaii 2016, is amended by amending section 5 to read as follows:

"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)."] Repealed."

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. This Act does not affect rights and duties that matured, penalties that were incurred, and proceedings that were begun before its effective date.

SECTION 6. Statutory material to be repealed is bracketed and stricken. New statutory material is underscored.

SECTION 7. This Act shall take effect on June 30, 2018.

INTRODUCED BY:	_____________________________

Report Title:

Forensic Mental Health; Qualified Examiners

Description:

Allows a court to choose from 1 to 3 qualified examiners in felony cases in which a defendant's fitness to proceed is in doubt. Requires that at least 1 of the examiners is a psychiatrist or licensed psychologist. Removes the requirement that 1 of the 3 examiners shall be a psychiatrist or licensed psychologist designated by the director of health.

The summary description of legislation appearing on this page is for informational purposes only and is not legislation or evidence of legislative intent.