BILL · 2011–12 SESSION · LATEST VERSION SSB 5114

SB 5114: Competency procedures

Streamlining competency evaluation and competency restoration procedures.

Summary

  • Provides that one expert or professional person (rather than two) be appointed to evaluate the competency or insanity of a criminal defendant, unless the defendant is charged with aggravated murder.
  • Requires the court to order that a competency or insanity evaluation take place in the community or in a jail or detention facility and permits a defendant to be evaluated at a state hospital facility upon a determination of the evaluator.
  • Removes the requirement that a competency report include an opinion regarding future dangerousness, and provides that for a felony defendant, the competency report after the first 90-day restoration period must include an evidence-based assessment of the defendant's future dangerousness.
  • Delays the effective date of some provisions of 2010 legislation that expanded the factors that may be considered for detaining and committing persons under the Involuntary Treatment Act.

From the Substitute House Bill Analysis 2011 (SSB 5114), written by the Legislature's nonpartisan staff. Read the full report ↗

Did not pass Did not pass · passed Senate, stalled in House
  1. IntroducedJan 14, 2011
  2. Out of committeeFeb 21, 2011
  3. Passed SenateFeb 28, 2011
  4. Passed Housestopped here
  5. Governor
  6. Law
Prime sponsor
Jim Hargrove (D-24)
Introduced
January 14, 2011 in the Senate
Last action
April 11, 2012
Budget
Has a fiscal note
Versions
SB 5114, SSB 5114

AN ACT Relating to streamlining competency evaluation and competency restoration procedures;

Sponsors

Prime sponsor: Jim Hargrove (D-24)

Votes

Senate · 3rd Reading & Final Passage

Passed February 28, 2011
Version voted on: SSB 5114
39 Yea 9 Nay 0 Absent 1 Excused
PartyYeaNayAbsentExcused
Democrat25101
Republican14800
How each member voted

Senate · 3rd Reading & Final Passage

Passed May 18, 2011
Version voted on: SSB 5114
37 Yea 4 Nay 2 Absent 6 Excused
PartyYeaNayAbsentExcused
Democrat25011
Republican12415
How each member voted

History

  1. By resolution, reintroduced and retained in present status. (SSB 5114)
  2. By resolution, reintroduced and retained in present status. (SSB 5114)
  3. By resolution, reintroduced and retained in present status. (SSB 5114)
  4. Rules Committee relieved of further consideration. On motion, referred to Human Services & Corrections. (SSB 5114)
  5. By resolution, reintroduced and retained in present status. (SSB 5114)
  6. By resolution, returned to Senate Rules Committee for third reading. (SSB 5114)
  7. First reading, referred to Ways & Means. (SSB 5114)
  8. Third reading, passed; yeas, 37; nays, 4; absent, 2; excused, 6. (SSB 5114)
  9. Placed on third reading by Rules Committee. (SSB 5114)
  10. By resolution, reintroduced and retained in present status. (SSB 5114)
  11. By resolution, returned to Senate Rules Committee for third reading. (SSB 5114)
  12. First reading, referred to Judiciary. (SSB 5114)
  13. Third reading, passed; yeas, 39; nays, 9; absent, 0; excused, 1. (SSB 5114)
  14. Rules suspended. Placed on Third Reading. (SSB 5114)
  15. 1st substitute bill substituted. (SSB 5114)
  16. 1st substitute bill substituted.
  17. Placed on second reading by Rules Committee. (SSB 5114)
  18. Placed on second reading by Rules Committee.
  19. Passed to Rules Committee for second reading. (SSB 5114)
  20. Passed to Rules Committee for second reading.
  21. HSC - Majority; 1st substitute bill be substituted, do pass. (SSB 5114)
  22. Minority; without recommendation. (SSB 5114)
  23. Minority; without recommendation.
  24. HSC - Majority; 1st substitute bill be substituted, do pass.
  25. First reading, referred to Human Services & Corrections.

SB 5114 in other sessions

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

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