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HF 3275

as introduced - 92nd Legislature (2021 - 2022) Posted on 03/03/2022 06:44pm

KEY: stricken = removed, old language.
underscored = added, new language.
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A bill for an act
relating to public safety; prohibiting dismissal of certain criminal charges before
a competency determination; proposing coding for new law in Minnesota Statutes,
chapter 611.

BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA:

Section 1.

new text begin [611.0265] COMPETENCY EVALUATION; DETERMINATION
REQUIRED.
new text end

new text begin (a) As used in this section, "competency evaluation" means an examination of a
defendant's mental condition to determine whether the defendant lacks ability to:
new text end

new text begin (1) rationally consult with counsel; or
new text end

new text begin (2) understand the proceeding or participate in the defense.
new text end

new text begin (b) Except as provided in paragraph (c), when a court orders a competency evaluation
of a defendant charged with a qualified domestic violence-related offense as defined in
section 609.02, subdivision 16, a prosecutor shall not dismiss a complaint or tab charge
without the court's approval until the court determines the defendant's competency and
enters an order finding the defendant competent or incompetent.
new text end

new text begin (c) Nothing in paragraph (b) prohibits a prosecutor from dismissing a complaint or tab
charge based on evidence that the defendant did not commit the charged crime.
new text end

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective August 1, 2022.
new text end