2nd Engrossment - 88th Legislature (2013 - 2014) Posted on 04/24/2014 09:24am
A bill for an act
relating to civil commitment; requiring simultaneous competency 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:
Minnesota Statutes 2012, section 253B.07, subdivision 2a, is amended to
read:
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(a) A criminal court shall order simultaneous competency 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 20.01. No additional examination under
section 253B.07, subdivision 3, is required in a subsequent civil commitment proceeding
unless a second examination is requested under section 253B.07, subdivision 3, by defense
counsel appointed following the filing of any petition for commitment.
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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.
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This section is effective August 1, 2014, and applies to
criminal proceedings beginning on or after that date.
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