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SF 685

3rd Engrossment - 88th Legislature (2013 - 2014) Posted on 04/29/2014 09:20am

KEY: stricken = removed, old language.
underscored = added, new language.
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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,
subdivisions 2a, 2c.

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
proceedings
new text end .

new text begin (a) If criminal charges are pending against a defendant, the court shall
order simultaneous competency and civil commitment examinations in accordance with
Minnesota Rules of Criminal Procedure, rule 20.04, when the following conditions are met:
new text end

new text begin (1) the prosecutor or defense counsel doubts the defendant's competency and a
motion is made challenging competency, or the court on its initiative raises the issue
under rule 20.01; and
new text end

new text begin (2) the prosecutor and defense counsel agree simultaneous examinations are
appropriate.
new text end

new text begin No additional examination under subdivision 3 is required in a subsequent civil
commitment proceeding unless a second examination is requested by defense counsel
appointed following the filing of any petition for commitment.
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.

Sec. 2.

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


Subd. 2c.

Right to counsel.

A patient has the right to be represented by counsel at
any proceeding under this chapter. The court shall appoint a qualified attorney to represent
the proposed patient if neither the proposed patient nor others provide counsel. The attorney
shall be appointed at the time a petition for commitment is filednew text begin or when simultaneous
competency and civil commitment examinations are ordered under subdivision 2a,
whichever is sooner
new text end . In all proceedings under this chapter, the attorney shall:

(1) consult with the person prior to any hearing;

(2) be given adequate time and access to records to prepare for all hearings;

(3) continue to represent the person throughout any proceedings under this chapter
unless released as counsel by the court; and

(4) be a vigorous advocate on behalf of the person.