Bill Text: MN SF685 | 2013-2014 | 88th Legislature | Engrossed
NOTE: There are more recent revisions of this legislation. Read Latest Draft
Bill Title: Defendant simultaneous competency and civil commitment examinations requirement
Spectrum: Bipartisan Bill
Status: (Passed) 2014-04-28 - Secretary of State Chapter 171 04/25/14 [SF685 Detail]
Download: Minnesota-2013-SF685-Engrossed.html
Bill Title: Defendant simultaneous competency and civil commitment examinations requirement
Spectrum: Bipartisan Bill
Status: (Passed) 2014-04-28 - Secretary of State Chapter 171 04/25/14 [SF685 Detail]
Download: Minnesota-2013-SF685-Engrossed.html
1.2relating to civil commitment; requiring simultaneous competency, mental illness
1.3or defect, and civil commitment examinations for defendants; facilitating civil
1.4commitment hearings for defendants;amending Minnesota Statutes 2012,
1.5section 253B.07, subdivision 2a.
1.6BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA:
1.7 Section 1. Minnesota Statutes 2012, section 253B.07, subdivision 2a, is amended to
1.8read:
1.9 Subd. 2a. Petitionfollowing acquittal; referral originating from criminal court.
1.10(a) A criminal court shall order simultaneous competency, mental illness or deficiency,
1.11and civil commitment examinations in accordance with Minnesota Rules of Criminal
1.12Procedure, rule 20.04, when the prosecutor or defense counsel doubts the defendant's
1.13competency, a motion is made challenging competency or the court on its initiative
1.14raises the issue under Minnesota Rules of Criminal Procedure, rule 20, and the examiner
1.15recommends combining the examinations. Any additional examination of the defendant's
1.16mental illness or deficiency or incompetency is not required for the commitment hearing
1.17under section 253B.08.
1.18(b) Following an acquittal of a person of a criminal charge under section611.026 ,
1.19the petition shall be filed by the county attorney of the county in which the acquittal took
1.20place and the petition shall be filed with the court in which the acquittal took place, and
1.21that court shall be the committing court for purposes of this chapter. When a petition is
1.22filed pursuant to subdivision 2 with the court in which acquittal of a criminal charge took
1.23place, the court shall assign the judge before whom the acquittal took place to hear the
1.24commitment proceedings unless that judge is unavailable.
2.1EFFECTIVE DATE.This section is effective August 1, 2014, and applies to
2.2criminal proceedings beginning on or after that date.
1.3or defect, and civil commitment examinations for defendants; facilitating civil
1.4commitment hearings for defendants;amending Minnesota Statutes 2012,
1.5section 253B.07, subdivision 2a.
1.6BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA:
1.7 Section 1. Minnesota Statutes 2012, section 253B.07, subdivision 2a, is amended to
1.8read:
1.9 Subd. 2a. Petition
1.10(a) A criminal court shall order simultaneous competency, mental illness or deficiency,
1.11and civil commitment examinations in accordance with Minnesota Rules of Criminal
1.12Procedure, rule 20.04, when the prosecutor or defense counsel doubts the defendant's
1.13competency, a motion is made challenging competency or the court on its initiative
1.14raises the issue under Minnesota Rules of Criminal Procedure, rule 20, and the examiner
1.15recommends combining the examinations. Any additional examination of the defendant's
1.16mental illness or deficiency or incompetency is not required for the commitment hearing
1.17under section 253B.08.
1.18(b) Following an acquittal of a person of a criminal charge under section
1.19the petition shall be filed by the county attorney of the county in which the acquittal took
1.20place and the petition shall be filed with the court in which the acquittal took place, and
1.21that court shall be the committing court for purposes of this chapter. When a petition is
1.22filed pursuant to subdivision 2 with the court in which acquittal of a criminal charge took
1.23place, the court shall assign the judge before whom the acquittal took place to hear the
1.24commitment proceedings unless that judge is unavailable.
2.1EFFECTIVE DATE.This section is effective August 1, 2014, and applies to
2.2criminal proceedings beginning on or after that date.
