OR SB295 | 2021 | Regular Session

Status

Completed Legislative Action
Spectrum: Unknown
Status: Passed on July 7 2021 - 100% progression
Action: 2021-07-07 - Effective date, June 23, 2021.
Text: Latest bill text (Enrolled) [PDF]

Summary

Defines terms related to fitness to proceed. Defines terms related to fitness to proceed. Reorganizes and restructures statutes related to fitness to proceed. Modifies procedures and criteria for committing defendant charged with felony to state mental hospital or other facility in order to gain or regain fitness to proceed. Requires court to find that defendant requires hospital level of care due to public safety concerns or acuity of symptoms of defendant's mental disorder, and that appropriate community restoration services are not provided. Modifies procedures and criteria for committing defendant charged with misdemeanor to state mental hospital or other facility in order to gain or regain fitness to proceed. Requires either recommendation from certified evaluator that defendant requires hospital level of care and statement from community mental health program director concerning available community restoration services, or for court to make certain findings concerning acuity of defendant's symptoms, public safety concerns and whether appropriate community restoration services are provided. Modifies procedures when circumstances authorizing commitment of defendant no longer exist. Provides that if defendant is charged with felony, superintendent of state mental hospital or director of facility to which defendant is committed may notify court when hospital level of care is no longer necessary. Requires superintendent or director to notify court when specified circumstances have changed for defendant charged with misdemeanor. Authorizes community mental health program director to notify court if community restoration services become available for committed defendant charged with felony or misdemeanor. Provides that documents related to involuntary medication of defendant are confidential and may be made available only to specified parties. Declares emergency, effective on passage.

Tracking Information

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Title

Relating to fitness to proceed; and declaring an emergency.

Sponsors

No sponsor information available at this time.

Roll Calls

2021-06-09 - Senate - Senate Third Reading in Concurrence (Y: 29 N: 1 NV: 0 Abs: 0) [PASS]
2021-06-07 - House - House Third Reading (Y: 57 N: 0 NV: 0 Abs: 3) [PASS]
2021-05-24 - House - House Committee Do pass with amendments to resolve conflicts. (Printed B-Eng.) (Y: 9 N: 0 NV: 0 Abs: 1) [PASS]
2021-04-07 - Senate - Senate Third Reading (Y: 27 N: 1 NV: 0 Abs: 2) [PASS]
2021-03-15 - Senate - Senate Committee Do pass with amendments. (Printed A-Eng.) (Y: 4 N: 3 NV: 0 Abs: 0) [PASS]

History

DateChamberAction
2021-07-07SenateEffective date, June 23, 2021.
2021-07-07SenateChapter 395, 2021 Laws.
2021-06-23SenateGovernor signed.
2021-06-15HouseSpeaker signed.
2021-06-14SenatePresident signed.
2021-06-09SenateSenate concurred in House amendments and repassed bill. Ayes, 29; Nays, 1--Heard.
2021-06-07HouseThird reading. Carried by Morgan. Passed. Ayes, 57; Excused, 3--Grayber, Hayden, Nearman.
2021-06-03HouseRules suspended. Carried over to June 7, 2021 Calendar.
2021-06-02HouseRules suspended. Carried over to June 3, 2021 Calendar.
2021-06-01HouseSecond reading.
2021-05-27HouseRecommendation: Do pass with amendments and be printed B-Engrossed.
2021-05-24HouseWork Session held.
2021-05-04HouseWork Session held.
2021-04-28HouseReturned to Full Committee.
2021-04-28HouseWork Session held.
2021-04-26HousePublic Hearing held.
2021-04-23HouseAssigned to Subcommittee On Civil Law.
2021-04-12HouseReferred to Judiciary.
2021-04-07HouseFirst reading. Referred to Speaker's desk.
2021-04-07SenateVote explanation(s) filed by Heard.
2021-04-07SenateThird reading. Carried by Prozanski. Passed. Ayes, 27; Nays, 1--Heard; Excused, 2--Johnson, Thatcher.
2021-04-05SenateSecond reading.
2021-04-01SenateRecommendation: Do pass with amendments. (Printed A-Eng.)
2021-03-15SenateWork Session held.
2021-03-11SenateWork Session held.
2021-03-08SenatePublic Hearing held.
2021-03-04SenatePublic Hearing held.
2021-01-19SenateReferred to Judiciary and Ballot Measure 110 Implementation.
2021-01-11SenateIntroduction and first reading. Referred to President's desk.

Oregon State Sources

TypeSource
Summaryhttps://olis.oregonlegislature.gov/liz/2021R1/Measures/Overview/SB295
Texthttps://olis.oregonlegislature.gov/liz/2021R1/Downloads/MeasureDocument/SB295/Introduced
Texthttps://olis.oregonlegislature.gov/liz/2021R1/Downloads/MeasureDocument/SB295/Senate%20Amendments%20to%20Introduced
Texthttps://olis.oregonlegislature.gov/liz/2021R1/Downloads/MeasureDocument/SB295/A-Engrossed
Texthttps://olis.oregonlegislature.gov/liz/2021R1/Downloads/MeasureDocument/SB295/House%20Amendments%20to%20A-Engrossed
Texthttps://olis.oregonlegislature.gov/liz/2021R1/Downloads/MeasureDocument/SB295/B-Engrossed
Texthttps://olis.oregonlegislature.gov/liz/2021R1/Downloads/MeasureDocument/SB295/Enrolled
Roll Callhttps://olis.oregonlegislature.gov/liz/2021R1/CommitteeReports/MajorityReport/31401
Roll Callhttps://olis.oregonlegislature.gov/liz/2021R1/Measures/MeasureVotes?id=513412
Roll Callhttps://olis.oregonlegislature.gov/liz/2021R1/CommitteeReports/MajorityReport/32650
Roll Callhttps://olis.oregonlegislature.gov/liz/2021R1/Measures/MeasureVotes?id=527964
Roll Callhttps://olis.oregonlegislature.gov/liz/2021R1/Measures/MeasureVotes?id=528887

Bill Comments

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