| 1 | 1 | | BILL AS INTRODUCED H.405 |
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| 2 | 2 | | 2025 Page 1 of 2 |
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| 4 | 4 | | |
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| 5 | 5 | | VT LEG #380760 v.1 |
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| 6 | 6 | | H.405 1 |
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| 7 | 7 | | Introduced by Representative LaLonde of South Burlington 2 |
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| 8 | 8 | | Referred to Committee on 3 |
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| 9 | 9 | | Date: 4 |
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| 10 | 10 | | Subject: Criminal procedure; competency to stand trial 5 |
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| 11 | 11 | | Statement of purpose of bill as introduced: This bill proposes to provide that 6 |
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| 12 | 12 | | when a person has been found incompetent to stand trial for a criminal offense, 7 |
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| 13 | 13 | | the charges against the person shall be dismissed if the person has not regained 8 |
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| 14 | 14 | | competency prior to the expiration of the statute of limitations for the offense. 9 |
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| 15 | 15 | | An act relating to competency to stand trial 10 |
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| 16 | 16 | | It is hereby enacted by the General Assembly of the State of Vermont: 11 |
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| 17 | 17 | | Sec. 1. 13 V.S.A. § 4817 is amended to read: 12 |
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| 18 | 18 | | § 4817. COMPETENCY TO STAND TRIAL; DETERMINATION ; 13 |
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| 19 | 19 | | DISMISSAL 14 |
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| 20 | 20 | | * * * 15 |
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| 21 | 21 | | (b) A person shall not be tried for a criminal offense if the person is found 16 |
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| 22 | 22 | | incompetent to stand trial by a preponderance of the evidence. 17 |
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| 23 | 23 | | * * * 18 |
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| 24 | 24 | | (d) A person who has been found incompetent to stand trial for an alleged 19 |
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| 25 | 25 | | offense may be tried for that offense if, upon subsequent hearing, such person 20 BILL AS INTRODUCED H.405 |
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| 26 | 26 | | 2025 Page 2 of 2 |
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| 27 | 27 | | |
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| 28 | 28 | | |
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| 29 | 29 | | VT LEG #380760 v.1 |
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| 30 | 30 | | is found by the court having jurisdiction of the person’s trial for the offense to 1 |
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| 31 | 31 | | have become competent to stand trial. 2 |
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| 32 | 32 | | (e) When a person has been found incompetent to stand trial for an alleged 3 |
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| 33 | 33 | | offense, the charges against the person shall be dismissed if the person has not 4 |
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| 34 | 34 | | regained competency prior to the expiration of the statute of limitations for the 5 |
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| 35 | 35 | | offense under chapter 151 of this title. Dismissal of charges against a person 6 |
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| 36 | 36 | | pursuant to this subsection shall not affect whether the person may be tried for 7 |
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| 37 | 37 | | the offense after becoming competent as provided for in subsection (d) of this 8 |
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| 38 | 38 | | section. 9 |
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| 39 | 39 | | Sec. 2. 13 V.S.A. § 4509 is added to read: 10 |
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| 40 | 40 | | § 4509. EFFECT OF FINDING OF INCOMPETENCY TO STAND TRIAL 11 |
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| 41 | 41 | | The applicable limitations period for an offense shall resume running when 12 |
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| 42 | 42 | | a person is found incompetent to stand trial for the offense pursuant to section 13 |
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| 43 | 43 | | 4817 of this title. If the person is subsequently found competent to stand trial 14 |
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| 44 | 44 | | for the offense, the limitations period shall be tolled upon the date of the 15 |
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| 45 | 45 | | finding. 16 |
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| 46 | 46 | | Sec. 3. EFFECTIVE DATE 17 |
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| 47 | 47 | | This act shall take effect on passage. 18 |
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