Minnesota Legislature
SF 685
1st Unofficial Engrossment - 88th Legislature (2013 - 2014) Posted on 03/27/2014 03:27pm
KEY: stricken = removed, old language.
underscored = added, new language.
1.2relating to civil commitment; requiring simultaneous competency and civil
1.3commitment examinations for defendants; facilitating civil commitment
1.4hearings for defendants;amending Minnesota Statutes 2012, section 253B.07,
1.5subdivisions 2a, 2c.
1.6BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA:
1.7 Section 1. Minnesota Statutes 2012, section 253B.07, subdivision 2a, is amended to
1.8read:
1.9 Subd. 2a. Petitionfollowing acquittal; referral originating from criminal
1.10proceedings. (a) If criminal charges are pending against a defendant, the court shall
1.11order simultaneous competency and civil commitment examinations in accordance with
1.12Minnesota Rules of Criminal Procedure, rule 20.04, when the following conditions are met:
1.13(1) the prosecutor or defense counsel doubts the defendant's competency and a
1.14motion is made challenging competency, or the court on its initiative raises the issue
1.15under rule 20.01; and
1.16(2) the prosecutor and defense counsel agree simultaneous examinations are
1.17appropriate.
1.18No additional examination under subdivision 3 is required in a subsequent civil
1.19commitment proceeding unless a second examination is requested by defense counsel
1.20appointed following the filing of any petition for commitment.
1.21(b) Following an acquittal of a person of a criminal charge under section611.026 ,
1.22the petition shall be filed by the county attorney of the county in which the acquittal took
1.23place and the petition shall be filed with the court in which the acquittal took place, and
1.24that court shall be the committing court for purposes of this chapter. When a petition is
2.1filed pursuant to subdivision 2 with the court in which acquittal of a criminal charge took
2.2place, the court shall assign the judge before whom the acquittal took place to hear the
2.3commitment proceedings unless that judge is unavailable.
2.4 Sec. 2. Minnesota Statutes 2012, section 253B.07, subdivision 2c, is amended to read:
2.5 Subd. 2c. Right to counsel. A patient has the right to be represented by counsel at
2.6any proceeding under this chapter. The court shall appoint a qualified attorney to represent
2.7the proposed patient if neither the proposed patient nor others provide counsel. The attorney
2.8shall be appointed at the time a petition for commitment is filed or when simultaneous
2.9competency and civil commitment examinations are ordered under subdivision 2a,
2.10whichever is sooner. In all proceedings under this chapter, the attorney shall:
2.11(1) consult with the person prior to any hearing;
2.12(2) be given adequate time and access to records to prepare for all hearings;
2.13(3) continue to represent the person throughout any proceedings under this chapter
2.14unless released as counsel by the court; and
2.15(4) be a vigorous advocate on behalf of the person.
1.3commitment examinations for defendants; facilitating civil commitment
1.4hearings for defendants;amending Minnesota Statutes 2012, section 253B.07,
1.5subdivisions 2a, 2c.
1.6BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA:
1.7 Section 1. Minnesota Statutes 2012, section 253B.07, subdivision 2a, is amended to
1.8read:
1.9 Subd. 2a. Petition
1.10proceedings. (a) If criminal charges are pending against a defendant, the court shall
1.11order simultaneous competency and civil commitment examinations in accordance with
1.12Minnesota Rules of Criminal Procedure, rule 20.04, when the following conditions are met:
1.13(1) the prosecutor or defense counsel doubts the defendant's competency and a
1.14motion is made challenging competency, or the court on its initiative raises the issue
1.15under rule 20.01; and
1.16(2) the prosecutor and defense counsel agree simultaneous examinations are
1.17appropriate.
1.18No additional examination under subdivision 3 is required in a subsequent civil
1.19commitment proceeding unless a second examination is requested by defense counsel
1.20appointed following the filing of any petition for commitment.
1.21(b) Following an acquittal of a person of a criminal charge under section
1.22the petition shall be filed by the county attorney of the county in which the acquittal took
1.23place and the petition shall be filed with the court in which the acquittal took place, and
1.24that court shall be the committing court for purposes of this chapter. When a petition is
2.1filed pursuant to subdivision 2 with the court in which acquittal of a criminal charge took
2.2place, the court shall assign the judge before whom the acquittal took place to hear the
2.3commitment proceedings unless that judge is unavailable.
2.4 Sec. 2. Minnesota Statutes 2012, section 253B.07, subdivision 2c, is amended to read:
2.5 Subd. 2c. Right to counsel. A patient has the right to be represented by counsel at
2.6any proceeding under this chapter. The court shall appoint a qualified attorney to represent
2.7the proposed patient if neither the proposed patient nor others provide counsel. The attorney
2.8shall be appointed at the time a petition for commitment is filed or when simultaneous
2.9competency and civil commitment examinations are ordered under subdivision 2a,
2.10whichever is sooner. In all proceedings under this chapter, the attorney shall:
2.11(1) consult with the person prior to any hearing;
2.12(2) be given adequate time and access to records to prepare for all hearings;
2.13(3) continue to represent the person throughout any proceedings under this chapter
2.14unless released as counsel by the court; and
2.15(4) be a vigorous advocate on behalf of the person.