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ENGROSSED HOUSE AMENDME NT
TO
ENGROSSED SENATE BILL NO . 552 By: Haste of the Senate
and
Worthen of the House
An Act relating to determination of competence ;
amending 22 O.S. 2021, Sections 1175.1, 1175.6,
1175.6a, and 1175.8, which relate to procedures for
determinations of competency; modifying definition s;
modifying requirement s for certain court order;
requiring notification of court order of commit ment;
requiring certain report within specified tim e
period; establishing requirements fo r the provision
of certain treatment, therapy, or training; requiring
dismissal of criminal charges under certain
circumstances; tolling statute of limitation s for
criminal charges under certai n circumstances;
requiring return of certain p ersons to jail;
requiring submission of certain reports to the court;
requiring certain hearings; requiring transport of
defendant to certain jurisdiction; clarifying
requirements for administration of certain
medications; requiring criminal proceedings to be
resumed within certain time period upon d etermination
of competency; updating statutory language; and
declaring an emergency.
AUTHOR: Add the following House Coauthor: Munson
AMENDMENT NO. 1. Strike the title, enacting clause, and entire bill
and insert:
"An Act relating to determination of competence;
amending 22 O.S. 2021, Sections 1175.1, 1175.6a, and
1175.8, which relate to procedures for determinations
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of competency; modifying and adding definitions;
requiring notification of court order of commitment;
requiring certain report within specified time
period; establishing requirements for the provision
of certain treatment, therapy, or training; requiring
return of certain persons to jail; requiring
submission of certain reports to the court; requiring
certain hearings; requiring transport of defendant to
certain jurisdiction; clarifying requirements for
administration of certain medications; requiring
criminal proceedings to be resumed within certain
time period upon determination of competency;
updating statutory language; authorizing Legislative
Office of Fiscal Trans parency to conduct review;
requiring report; providing for effect of conclusions
on enacted provisions; providing for codification;
and declaring an emergency.
BE IT ENACTED BY THE PEOPLE OF TH E STATE OF OKLAHOMA:
SECTION 1. AMENDATORY 22 O.S. 2021, Section 1175.1, is
amended to read as follows:
Section 1175.1 As used in Sections 1175.1 through 1176 of this
title:
1. “Competent” or “competency” means the present abili ty of a
person arrested for or charged with a crime to understand the nature
of the charges and proceedings brought against him or her and to
effectively and rationally assist in his or her defense;
2. “Criminal proceeding” means every stage of a criminal
prosecution after arrest and before judgment, including, but not
limited to, interrogation, lineup, preliminary hearing, motion
dockets, discovery, competency hearing, pretrial hearings and trial;
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3. “Dangerous” means a person who is a person requiring
treatment as defined in Section 1 -103 of Title 43A of the Oklahoma
Statutes;
4. “Incompetent” or “incompetency” means the present inability
of a person arrested for or charged with a crime to understand th e
nature of the charges and proceedings brought aga inst him or her and
to effectively and rationally assist in his or her defense;
3. “Dangerous” means a person who is a person requiring
treatment as defined in Section 1 -103 of Title 43A of the Oklahoma
Statutes;
4. “Criminal proceeding” means every stag e of a criminal
prosecution after arrest and before judgment, including, but not
limited to, interrogation, lineup, preliminary hearing, motion
dockets, discovery, pretrial hearings and trial;
5. “Public guardian” means the Office of Public Guardian as
established under the Oklahoma Public Guardianship Act in Section 6 -
101 et seq. of Title 30 of the Oklahoma Statutes;
6. “Qualified forensic examiner” means any:
a. psychiatrist with forensic training and e xperience,
b. psychologist with forensic training a nd experience, or
c. a licensed mental health professional whose forensic
training and experience enable him or her to form
expert opinions regarding mental illness, competency
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and dangerousness and who ha s been approved to render
such opinions by the cour t; and
6. 7. “Reasonable period of time” means a period during which a
person is receiving treatment for the purpose of restoring
competency as required by law not to exceed the lesser of:
a. the maximum sentence specified for the most serious
offense with which the defendant is charged, or
b. a maximum period of two (2) years ; and
7. “Public guardian” means the Office of Public Guardian as
established under the Oklahoma Public Guardianship Ac t in Section 6-
101 et seq. of Title 30 of the Oklahoma Statutes , or
b. the maximum length of the sentence if such sentence is
less than two (2) years .
SECTION 2. AMENDATORY 22 O.S. 2021, Section 1175.6a, is
amended to read as foll ows:
Section 1175.6a A. 1. If the a person is found to be
incompetent prior to conviction because he or she is a person
requiring treatment as defined in Section 1 -103 of Title 43A of the
Oklahoma Statutes, but capable of achieving competence with
treatment within a reasonable period of time as defined by Section
1175.1 of this title, the court shall suspend the criminal
proceedings and order the Department of Mental Health and Substance
Abuse Services to provide treatment, therapy or training which is
calculated to allow the person to achieve competency. The
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Department may designate a willing entity to provide such competency
restoration services on behalf of the Department, provided the
entity has qualified personnel. The court shall further order the
Department to take custody of the individual as soon as a fore nsic
bed becomes available, unless both the Department and the county
jail where the person is being held determine that it is in the best
interests of the person to remain in the county jail. Such
competency restoration services shall begin within a reas onable
period of time after the court has determined that the person is not
competent to stand trial.
The person shall remain in the custody of the county jail until
such time as the Department has a bed available at the forensic
facility unless competency restoration services are provided by a
designee of the Department, in which case custody of the person
shall be transferred to the Department.
B. The Department of Mental Health and Substance Abuse Services
or designee shall make periodic reports to the court as to the
competency of the defendant The court shall notify the Department
within seventy-two (72) hours of filing an order of commitment by
providing a copy of the order to the Departme nt.
2. Within thirty (30) days after the notification of the o rder
of commitment, the Department shall provide a report to the court on
any recommended treatment for the defendant to attain competency to
proceed. Such report shall include:
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a. the mental illness causing the incompetence,
b. the availability of accept able treatment and if such
treatment is available in the community,
c. the likelihood of the defendant’s attaining competence
within a reasonable period of time as defined by
Section 1175.1 of this title, and
d. whether the person is a person requiring tre atment as
defined by Section 1 -103 of Title 43A of the Oklahoma
Statutes.
3. The treatment, therapy, or training for competency shall be
provided in the jail or detention facility where the person is being
held, unless the Department recommends and the co urt determines that
the person can be safely treated in an outpatient community -based
setting or the Department determines that the person should be
transported to a facility designated by the Department to provide
such treatment, therapy, or training. Th e Department may designate
or contract with a willing entity to provide the competency
restoration services in the jail or detention facility on behalf of
the Department. Competency restoration services shall begin within
a reasonable period of time after the court has determined that the
person is not competent to stand trial. The Department sh all notify
the court, district attorney, and defense counsel that treatment has
begun and where such treatment is being provided within fourteen
(14) days from the date treatment begins. The Department shall
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assume liability to the fullest extent permitte d by law for any
services provided by the Department, or a contracted or designated
entity on behalf of the Department, for individuals receiving
competency treatment, therapy or training while being held in a jail,
public trust or detention facility. A legally recognized business
entity under contract with city, county, or state entities that
provides medical care to inmates or detainees in the custody or
control of law enforcement agencies, including, but not limited to,
competency restoration services , and any employee of the contracted
legally recognized business entity, shall be an employee of the
state pursuant to Section 152 of the Governmental Tort Claims Act.
4. If at any time while the person is being treated in an
inpatient facility operat ed by the Department the court determines
that he or she is no longer a person requiring treatment as defined
in Section 1-103 of Title 43A of the Oklahoma Statut es, the court
may order the immediate return of the person to jail and the
Department shall file a report with the court. In the report, the
Department can either recommend a less restrictive treatment
alternative including but not limited to an outpatien t community-
based setting or treatment in a community residential facility or
jail or detention-based setting, or take the actions set forth in
subsection B of this section. Within thirty (30) days of the return
of the person to jail, the court shall hold a hearing to determine
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whether competency restoration services should be continued in the
outpatient setting or in the jail or detention -based setting.
B. If at any time the Department determines that the defendant
is unlikely to attain competency within a reasonable period of time
as defined by Section 1175.1 of this title, the Department shall
issue a report to the court. Within thirty (30) days of receipt of
the report, the court shall hold a hearing to determine whether
competency restoration treatme nt should continue.
C. If the person is determined by the Department of Mental
Health and Substance Abuse Services or designee to have regained
competency, or is no longer incompetent because the person is a
person requiring treatment as defined by Title 43A of the Oklahoma
Statutes, a competency hearing shall be scheduled within twenty (20)
days:
1. After the court receives notification that the defendant is
competent to proceed or no longer meets the criteria for continued
commitment, the defendant shal l be transported to the jurisdiction
of the court that entered the order for commitment for t he
competency hearing. If the defendant is receiving psychotropic
medication at a mental health facility at the time he or she is
discharged and transferred to th e jail, the administration of the
medication shall continue unless the jail physician documen ts the
need to change or discontinue it. The physicians of the jail and
the Department shall collaborate to ensure that any change in
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medication does not adversel y affect the defendant’s mental health
status or his or her ability to continue with court pr oceedings;
provided, however, the jail physician has final authority regarding
the administration of medication to an inmate in jail;
2. If found competent by the court or a jury after such
rehearing, criminal proceedings shall be resumed;
2. 3. If the person is found to continue to be incompetent
because the person is a person requiring treatment as defined in
Title 43A of the Oklahoma Statutes, the person shall be returned to
the custody of the Department of Mental Health and Substance Abuse
Services or designee for continued treatment, therapy, or training
for competency as provided in paragraph 3 of subsection A of this
section;
3. 4. If the person is found to be incompetent because the
person is intellectually disabled as defined by Title 10 of the
Oklahoma Statutes, the court shall issue the appropriate order as
set forth in Section 1175.6b of this title;
4. 5. If the person is found to be incompetent for re asons
other than the person is a person requiring treatment as defined by
Title 43A of the Oklahoma Statutes, and other than the person is
intellectually disabled as defined in Title 10 of the Oklahoma
Statutes, and is also found to be not dangerous as def ined by
Section 1175.1 of this title, the court shall issue the appropriate
order as set forth in Section 1175.6b of this title; or
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5. 6. If the person is found to be incompetent for reasons
other than the person is a person requiring treatment as defined by
Title 43A of the Oklahoma Statutes, and other than the person is
intellectually disabled as defined in Title 10 of the Oklahoma
Statutes, but is also found to be dangerous as defined by Section
1175.1 of this title, the court shall issue the appropriat e order as
set forth in Section 1175.6c of this title.
D. If the person is found to be incompetent because the person
is a person requiring treatment as defined by Section 1 -103 of Title
43A of the Oklahoma Statutes, but not capable of achieving
competence with treatment within a reasonable period of time as
defined by Section 1175.1 of this title, the court shall commence
civil commitment proceedings pursuant to Title 43A and shall dismiss
without prejudice the criminal proceeding. If the person is
subsequently committed to the Department of Mental Health and
Substance Abuse Services pursuant to Title 43A, the statute of
limitations for the criminal charges which were dismissed by the
court shall be tolled until the person is discharge d from the
Department of Mental Health and Substance Abuse Services pursuant to
Section 7-101 of Title 43A of the Oklahoma Statutes.
SECTION 3. AMENDATORY 22 O.S. 2021, Section 1175.8, is
amended to read as follows:
Section 1175.8 If the medical supervisor reports that the
person appears to have achieved competency after a finding of
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incompetency, the court shall hold another competency hearing to
determine if the person has achieved competency. If competency has
been achieved, the criminal proceedi ngs shall be immediately resumed
by setting a competency hearing within twenty (20) business days .
SECTION 4. NEW LAW A new section of law to be codified
in the Oklahoma Statutes as Section 1175.9 of Title 22, un less there
is created a duplication in numbering, reads as follows:
The Legislative Office of Fiscal Transparency may conduct an in -
depth review every year for the next five (5) years on the
successes, and any opportunities for improvement including but no t
limited to the cost savings for the jails, the expedited restoration
of competency, the use of jail -based and outpatient competency
restoration, and the effects on capacity of forensic bed treatment
services. A copy of the report will be sent to the Spe aker of the
Oklahoma House of Representatives and President Pro Tempore of the
Oklahoma State Senate for review and to provide recommendations. If
within the five-year review no significant progress has been made ,
including delays in treatment and over capacity of jails due to
volume of competency cases, the amendments made through this
legislation to Title 22 of the Oklahoma Statutes may be revisited by
the recommended stakeholder task force to include the Oklahoma
Sheriffs' Association, the District Atto rney’s Council, the Oklahoma
Department of Mental Health and Substance Abuse Services and the
Administrative Director of the Courts.
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SECTION 5. It being immediately necessary for the preservation
of the public peace, health or safety, an e mergency is hereby
declared to exist, by reason whereof this act shall take effect and
be in full force from and after its passage and approval. "
Passed the House of Representatives the 26th day of April, 2023.
Presiding Officer of the House of
Representatives
Passed the Senate the ____ day of _______ ___, 2023.
Presiding Officer of the Senate
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ENGROSSED SENATE
BILL NO. 552 By: Haste of the Senate
and
Worthen of the House
An Act relating to determination of competence ;
amending 22 O.S. 2021, Sections 1175.1, 1175.6,
1175.6a, and 1175.8, which relate to procedures for
determinations of competency; modifying definition s;
modifying requirement s for certain court order;
requiring notification of court order of commit ment;
requiring certain report within specified time
period; establishing requirements fo r the provision
of certain treatment, therapy, or training; requiring
dismissal of criminal charges under certain
circumstances; tolling statute of limitation s for
criminal charges under certai n circumstances;
requiring return of certain p ersons to jail;
requiring submission of certain reports to the court;
requiring certain hearings; requiring transport of
defendant to certain jurisdiction; clarifying
requirements for administration of certain
medications; requiring criminal proceedings to be
resumed within certain time period upon d etermination
of competency; updating statutory language; and
declaring an emergency.
BE IT ENACTED BY THE PEOPLE OF THE STAT E OF OKLAHOMA:
SECTION 6. AMENDATORY 22 O.S. 2021, Section 1175.1, is
amended to read as follows:
Section 1175.1. As used in Sections 1175.1 thr ough 1176 of this
title:
1. “Competent” or “competency” means the present ability of a
person arrested for or char ged with a crime to unders tand the nature
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of the charges and proce edings brought against him or her and to
effectively and rationally assist in his or her defense;
2. “Criminal proceeding” means every stage of a criminal
prosecution after arrest and befor e judgment, including, but not
limited to, interrogation, lineup, preliminary hearing, motion
dockets, discovery, competency hearing, pretrial hearings and trial ;
3. “Dangerous” means a person who is a person requiring
treatment as defined in Section 1 -103 of Title 43A of the Oklahoma
Statutes;
4. “Incompetent” or “incompetency” means the present inability
of a person arrested for or charged with a crime to unde rstand the
nature of the charges and proceedings brought against him or her and
to effectively and rationally assist in his o r her defense;
3. “Dangerous” means a person who is a p erson requiring
treatment as defined in Section 1 -103 of Title 43A of the O klahoma
Statutes;
4. “Criminal proceeding” means every stage of a criminal
prosecution after arrest and before judgment, inc luding, but not
limited to, interrogation, lineup, preli minary hearing, motion
dockets, discovery, pretrial hearings and trial;
5. “Public guardian” means the Office of Public Guardian as
established under the Oklahoma Public Guardianship Act in Section 6 -
101 et seq. of Title 30 of the Oklahoma Statutes;
6. “Qualified forensic examiner” means any:
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a. psychiatrist with forensic train ing and experience,
b. psychologist with forensic training and experience, or
c. a licensed mental health professional whose forensic
training and experience enable him or her to fo rm
expert opinions regarding mental illness, competenc y
and dangerousness and who has been approved to rend er
such opinions by the court; and
6. 7. “Reasonable period of time” means a period during which a
person is receiving tr eatment for the purpose of resto ring
competency as required by law not to exceed the lesser of:
a. the maximum sentence specified for the most serious
offense with which the defendant is charged, or
b. a maximum period of two ( 2) years; and
7. “Public guardian” means the Office of Public Guardian as
established under the Oklahoma Public Guardianship Act in Section 6 -
101 et seq. of Title 30 of the Oklahoma Statutes, or
b. the maximum length of the sentence if such sentence is
less than two (2) years.
SECTION 7. AMENDATORY 22 O.S. 2021, Section 1175.6, is
amended to read as follows:
Section 1175.6. Upon the finding by the jury or the court as
provided by Section 1175.5 of th is title, the court shall issu e the
appropriate order regarding the person as follows:
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1. If the person is found to be competent, the criminal
proceedings shall be resumed;
2. If the person is charged with a felony and found to be
incompetent because the person is a person requiring treatment as
defined in Title 43A of the Oklahoma Statutes, t he court shall issue
the appropriate order as set forth in Section 1175.6a of this ti tle;
3. If the person is found to be incompetent because the person
is intellectually disabled as defined in Section 1408 of Title 10 of
the Oklahoma Statutes, the court shall issue the appropriate order
as set forth in Section 1175.6b of this title; and
4. If the person is found to be incompetent for reasons other
than the person is a person requiring treatm ent as defined by
Section 1-103 of Title 43A of the Oklahoma Sta tutes, or for reasons
other than the person is intellectually disabled as defined in
Section 1408 of Title 10 of the Oklahoma Statutes, the court shall
issue the appropriate order as set forth in Section 1175.6c of this
title.
SECTION 8. AMENDATORY 22 O.S. 2021, Section 1175.6a, is
amended to read as follows:
Section 1175.6a. A. 1. If the a person is found to be
incompetent prior to conviction because he or she is a pe rson
requiring treatment as defined in Section 1 -103 of Title 43A of the
Oklahoma Statutes, but capable of achieving competence with
treatment within a reasonable period of time as defined by Section
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1175.1 of this title, the court shall suspend the crimin al
proceedings and order the Department of Mental Health and Substance
Abuse Services to provide treatm ent, therapy or training which is
calculated to allow the person to achieve competency . The
Department may designate a willing entity to provide such competency
restoration services on behalf of the Department, provided the
entity has qualified personnel. The court shall further order the
Department to take custody of the individual as soon as a forensic
bed becomes available, unless both the Department and the county
jail where the person is being held determine that it is in the best
interests of the person to remain in the county jail. Such
competency restoration services shall begin within a reasonable
period of time after the court has determined th at the person is not
competent to stand trial .
The person shall remain in the custody of the county jai l until
such time as the Department has a b ed available at the forensic
facility unless competency restoration services are provided by a
designee of the Department, in which case custody of the per son
shall be transferred to the Department.
B. The Department of Mental Health and Substance Abuse S ervices
or designee shall make periodic reports to the court as to the
competency of the defendant The court shall notify the Department
within seventy-two (72) hours of filing an order of commitment by
providing a copy of the order to the Department.
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2. Within thirty (30) days after the notification of the order
of commitment, the Department shall provide a report to the court on
any recommended treatment for the defendan t to attain competency to
proceed. Such report shall include:
a. the mental illness causing the incompetence,
b. the availability of acceptable treatment and if such
treatment is available in th e community,
c. the likelihood of the defendant ’s attaining competence
within a reasonable period of ti me as defined by
Section 1175.1 of this title, and
d. whether the person is a person requiring treatment as
defined by Section 1-103 of Title 43A of the Oklahoma
Statutes.
3. The treatment, therapy, or training fo r competency shall be
provided in the jail or detention facility where the person is being
held, unless the Department recommends and the court determines that
the person can be safely treated in an outpatient community-based
setting or the Department dete rmines that the person should be
transported to a facility designated by the Depa rtment to provide
such treatment, therapy, or training. The Department may des ignate
or contract with a willing e ntity to provide the competency
restoration services in the j ail or detention facility on behalf of
the Department. Competency restoration se rvices shall begin within
a reasonable period of time after the court has determined that the
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person is not compet ent to stand trial. The Department shall notify
the court, district attorney, and defense counsel that treatment has
begun and where such tre atment is being provided within fourteen
(14) days from the date treatment begins. All transportation
pursuant to this section shall be conducted by the sheriff’s
department of the county where the person is charged .
4. If a person charged with a misdemeanor is found to be
incompetent because he or she is a person requiring treatment as
defined in Section 1 -103 of Title 43A of the Oklahoma Statutes, the
court shall commence c ivil commitment proceedings pursuant to Ti tle
43A of the Oklahoma Statutes and sh all dismiss the criminal
proceeding without prejudice. If the person is subsequently
committed to the Department for civil commitment, the statute of
limitations for the criminal charge or charges that were dismissed
by the court shall b e tolled until the person is discharged from the
Department pursuant to Section 7-101 of Title 43A of the Oklahoma
Statutes.
5. If at any time while the person is being treated in an
inpatient facility operated by the Department, the Department
determines that he or she is no longer a person requiring treatment
as defined in Section 1 -103 of Title 43A of the Oklahoma Statutes,
the person shall be immediately returned to the jail and the
Department shall file a report with the court. In the report, the
Department can either recommend a less restrictive treatment
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alternative including but not limited to an outpatient community-
based setting or treatment in a community residential facility or
jail or detention-based setting, or take the actions set forth in
subsection B of this section. Within thirty (30) days of receipt of
the report, the court shall hold a hearing to determine whether
competency restoration services should be continued in the
outpatient setting or in the jail or detention-based setting.
B. If at any time the Department determin es that the defendant
is unlikely to attain comp etency within a reasonable period of time
as defined by Section 1175.1 of this title, the Department shall
issue a report to the court. Within thirty (30) days o f receipt of
the report, the court shall hold a hearing to determine whether
competency restoration treatment should continue.
C. If the person is determined by the Department of Mental
Health and Substance Abuse Services or designee to have regained
competency, or is no longer incompetent because th e person is a
person requiring treatment as defi ned by Title 43A of the Oklahoma
Statutes, a competency hearing shall be scheduled within twenty (20)
days:
1. After the court receives notification that the defendant is
competent to proceed or no longer me ets the criteria for continued
commitment, the defendant shall be transported to the jurisdiction
of the court that entered the order for commit ment for the
competency hearing. If the defendant is receiving psychotropic
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medication at a mental health facil ity at the time he or she is
discharged and transferred to the jail, the administration of the
medication shall continue unless the jail physici an documents the
need to change or discontinue it. The physicians of the jail and
the Department shall collaborate to ensure that any change in
medication does not adversely affect the defendant ’s mental health
status or his or her ability to continue with court pr oceedings;
provided, however, the jail physician has final authority regarding
the administration of medication to an inmate in jai l;
2. If found competent by the court or a jury after such
rehearing, criminal proceedings shall be resumed;
2. 3. If the person is found to continue to be incompetent
because the person is a person requiring tr eatment as defined in
Title 43A of the Oklahoma Statutes, the person shall be returned to
the custody of the Department of Mental Health and Substance Abuse
Services or designee for continued treatment, therapy, or training
for competency as provided in paragraph 3 of s ubsection A of this
section;
3. 4. If the person is found to b e incompetent because the
person is intellectually disabled as defined by Title 10 of the
Oklahoma Statutes, the court shall issue the appropriate order as
set forth in Section 1175.6b of this title;
4. 5. If the person is found to be incompetent for reas ons
other than the person is a person requiring treatment as defined by
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Title 43A of the Oklahoma Statutes, and other than the person is
intellectually disabled as defined in Title 10 of the Oklahoma
Statutes, and is also found to be not dangerous as defin ed by
Section 1175.1 of this t itle, the court shall issue the appropriate
order as set forth in Section 1175.6b of this title; or
5. 6. If the person is found to be incompetent for reasons
other than the person is a pers on requiring treatment as defined b y
Title 43A of the Oklahoma Statutes, and other than the person is
intellectually disabled as defined in Title 10 of the Oklahoma
Statutes, but is also fou nd to be dangerous as defined by Secti on
1175.1 of this title, the court shall issue the appropriate order as
set forth in Section 1175.6c of this title.
D. If the person is found to be incom petent because the person
is a person requiring treatment as def ined by Section 1-103 of Title
43A of the Oklahoma Statutes, but n ot capable of achieving
competence with treatment within a reasonable period of time as
defined by Section 1175.1 of this titl e, the court shall commence
civil commitment proceedings pursuan t to Title 43A and shall dismiss
without prejudice the criminal pr oceeding. If the person is
subsequently committed to the Department of Mental Health a nd
Substance Abuse Services pursuant to Title 43A, the statute of
limitations for the criminal charges which were dismissed by the
court shall be tolled until the person is discharged from the
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Department of Mental Health and Substance Abuse Services pursua nt to
Section 7-101 of Title 43A of the Oklahoma Statutes.
SECTION 9. AMENDATORY 22 O.S. 2021, Section 1175.8, is
amended to read as follows:
Section 1175.8. If the medical supervisor reports that the
person appears to have achieved competency after a finding of
incompetency, the court shall hold another competency hearing to
determine if the person has achieved competency. If competency has
been achieved, the crimi nal proceedings shall be immediately resumed
by setting a competency hearing within twenty (20) business days.
SECTION 10. It being immediately necessary for the preservation
of the public peace, health or safety, an emergency is hereby
declared to exist, by reason whereof this act shall take effect and
be in full force from and after its pas sage and approval.
Passed the Senate the 20th day of March, 2023.
Presiding Officer of the Senate
Passed the House of Representatives the ____ day of __________,
2023.
Presiding Officer of the House
of Representatives
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