WA People
BILL · 2009–10 SESSION · LATEST VERSION ESB 5519

SB 5519: Competency eval & restor

Reforming competency evaluation and restoration procedures.

Summary

  • Creates new sections to be added to Title 10 regarding how competency evaluations are conducted and the substance of competency evaluation reports; the scope of the statutory provision regarding evaluations is narrowed to include only those cases where the competency of the defendant is at issue; these new sections only apply to counties with populations greater than 1.5 million persons, and they expire on June 30, 2011.
  • Creates a separate statutory provision regarding cases where a defendant has pleaded not guilty by reason of insanity or asserted a defense of diminished capacity.
  • Requires that only one expert or professional person evaluate the competency of the defendant, rather than two, and that the competency evaluation be performed by or in the consultation with a developmental disabilities professional if it appears that the characteristics of developmental disability may be a significant factor in the defendant's ability to participate in the criminal proceeding; applies only to counties with populations greater than 1.5 million persons, and the applicable section expires on June 30, 2011.
  • Requires the court to order that a competency evaluation shall take place in the jail or detention facility where the defendant is being held and permits a defendant to be evaluated at a state hospital facility only upon determination of the evaluator, except in limited circumstances; applies only to counties with populations greater than 1.5 million persons, and the applicable section expires on June 30, 2011.
  • Requires that the competency evaluation report of a defendant held in jail shall be completed within 21 days from the time that the Department of Social and Health Services (DSHS) receives the court's order and other relevant documents; applies only to counties with populations greater than 1.5 million persons, and the applicable section expires on June 30, 2011.
  • Removes the requirement that a professional evaluating a defendant for competency provide an opinion as to whether the defendant is a substantial danger to other persons or presents a substantial likelihood of committing criminal acts jeopardizing public safety or security.

From the Engrossed House Bill Report (ESB 5519), written by the Legislature's nonpartisan staff. Read the full report ↗

Did not pass Did not pass · passed Senate, stalled in House
  1. IntroducedJan 26, 2009
  2. Out of committeeFeb 23, 2009
  3. Passed SenateMar 12, 2009
  4. Passed Housestopped here
  5. Governor
  6. Law
Prime sponsor
Jim Hargrove (D-24)
Introduced
January 26, 2009 in the Senate
Last action
March 15, 2010
Budget
Has a fiscal note
Versions
ESB 5519, SSB 5519

AN ACT Relating to reform of competency evaluation and competency restoration procedures;

Sponsors

Prime sponsor: Jim Hargrove (D-24)

2 co-sponsors (1 Democrat, 1 Republican)

Val Stevens R-39Debbie Regala D-27

Votes

Senate · 3rd Reading & Final Passage

Passed March 12, 2009
Version voted on: ESB 5519
44 Yea 1 Nay 2 Absent 2 Excused
PartyYeaNayAbsentExcused
Democrat28120
Republican16002
How each member voted

Nay (1)

Absent (2)

Excused (2)

Permalink to this vote

History

  1. By resolution, reintroduced and retained in present status. (ESB 5519)
  2. Senate Rules "X" file. (ESB 5519)
  3. Made eligible to be placed on third reading. (ESB 5519)
  4. By resolution, reintroduced and retained in present status. (ESB 5519)
  5. By resolution, returned to Senate Rules Committee for third reading. (ESB 5519)
  6. Returned to Rules Committee for second reading. (ESB 5519)
  7. Placed on second reading. (ESB 5519)
  8. Passed to Rules Committee for second reading. (ESB 5519)
  9. Minority; do not pass. (ESB 5519)
  10. HS - Majority; do pass with amendment(s). (ESB 5519)
  11. HS - Executive action taken by committee. (ESB 5519)
  12. Referred to Human Services. (ESB 5519)
  13. Committee relieved of further consideration. (ESB 5519)
  14. First reading, referred to Judiciary. (ESB 5519)
  15. Placed on second reading by Rules Committee. (SSB 5519)
  16. 1st substitute bill not substituted. (SSB 5519)
  17. Third reading, passed; yeas, 44; nays, 1; absent, 2; excused, 2. (ESB 5519)
  18. Rules suspended. Placed on Third Reading. (ESB 5519)
  19. Floor amendment(s) adopted. (ESB 5519)
  20. 1st substitute bill not substituted. (ESB 5519)
  21. Placed on second reading by Rules Committee. (ESB 5519)
  22. Passed to Rules Committee for second reading. (SSB 5519)
  23. HSC - Majority; 1st substitute bill be substituted, do pass. (SSB 5519)
  24. HSC - Majority; 1st substitute bill be substituted, do pass. (ESB 5519)
  25. Passed to Rules Committee for second reading. (ESB 5519)
  26. First reading, referred to Human Services & Corrections. (ESB 5519)

SB 5519 in other sessions

Bill numbers restart every two years, so the same number is a different bill in each session.

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