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SF 685

1st Engrossment - 88th Legislature (2013 - 2014) Posted on 05/09/2013 03:17pm

KEY: stricken = removed, old language.
underscored = added, new language.
Line numbers 1.1 1.2 1.3 1.4 1.5 1.6
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2.1 2.2

A bill for an act
relating to civil commitment; requiring simultaneous competency, mental illness
or defect, and civil commitment examinations for defendants; facilitating civil
commitment hearings for defendants; amending Minnesota Statutes 2012,
section 253B.07, subdivision 2a.

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

Section 1.

Minnesota Statutes 2012, section 253B.07, subdivision 2a, is amended to
read:


Subd. 2a.

Petition deleted text begin following acquittal; referraldeleted text end new text begin originating from criminal courtnew text end .

new text begin (a) A criminal court shall order simultaneous competency, mental illness or deficiency,
and civil commitment examinations in accordance with Minnesota Rules of Criminal
Procedure, rule 20.04, when the prosecutor or defense counsel doubts the defendant's
competency, a motion is made challenging competency or the court on its initiative
raises the issue under Minnesota Rules of Criminal Procedure, rule 20, and the examiner
recommends combining the examinations. Any additional examination of the defendant's
mental illness or deficiency or incompetency is not required for the commitment hearing
under section 253B.08.
new text end

new text begin (b) new text end Following an acquittal of a person of a criminal charge under section 611.026,
the petition shall be filed by the county attorney of the county in which the acquittal took
place and the petition shall be filed with the court in which the acquittal took place, and
that court shall be the committing court for purposes of this chapter. When a petition is
filed pursuant to subdivision 2 with the court in which acquittal of a criminal charge took
place, the court shall assign the judge before whom the acquittal took place to hear the
commitment proceedings unless that judge is unavailable.

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective August 1, 2014, and applies to
criminal proceedings beginning on or after that date.
new text end