Bill Text: IA HF425 | 2017-2018 | 87th General Assembly | Introduced

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Bill Title: A bill for an act relating to the payment of costs for a psychiatric evaluation of a defendant in a criminal proceeding.

Spectrum: Partisan Bill (Democrat 2-0)

Status: (Introduced - Dead) 2017-02-23 - Introduced, referred to Human Resources. H.J. 458. [HF425 Detail]

Download: Iowa-2017-HF425-Introduced.html

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House File 425 - Introduced




                                 HOUSE FILE       
                                 BY  HEDDENS and WINCKLER

                                      A BILL FOR

  1 An Act relating to the payment of costs for a psychiatric
  2    evaluation of a defendant in a criminal proceeding.
  3 BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF IOWA:
    TLSB 2536YH (2) 87
    rh/nh

PAG LIN



  1  1    Section 1.  Section 812.3, subsection 2, Code 2017, is
  1  2 amended to read as follows:
  1  3    2.  Upon a finding of probable cause sustaining the
  1  4 allegations, the court shall suspend further criminal
  1  5 proceedings and order the defendant to undergo a psychiatric
  1  6 evaluation to determine whether the defendant is suffering a
  1  7 mental disorder which prevents the defendant from appreciating
  1  8 the charge, understanding the proceedings, or assisting
  1  9 effectively in the defense.  The costs of the psychiatric
  1 10 evaluation shall be paid by the department of corrections. The
  1 11 order shall also authorize the evaluator to provide treatment
  1 12 necessary and appropriate to facilitate the evaluation. If
  1 13 an evaluation has been conducted within thirty days of the
  1 14 probable cause finding, the court is not required to order
  1 15 a new evaluation and may use the recent evaluation during
  1 16 a hearing under this chapter. Any party is entitled to a
  1 17 separate psychiatric evaluation by a psychiatrist or licensed,
  1 18 doctorate=level psychologist of their own choosing.
  1 19                           EXPLANATION
  1 20 The inclusion of this explanation does not constitute agreement with
  1 21 the explanation's substance by the members of the general assembly.
  1 22    This bill relates to the payment of costs for a psychiatric
  1 23 evaluation of a defendant in a criminal proceeding.
  1 24    Under current law, if at any stage of a criminal proceeding
  1 25 the defendant or the defendant's attorney alleges that the
  1 26 defendant is suffering from a mental disorder which prevents
  1 27 the defendant from appreciating the charge, understanding the
  1 28 proceedings, or assisting effectively in the defense, the
  1 29 court is required to suspend further proceedings and hold a
  1 30 hearing to determine if probable cause exists to sustain the
  1 31 allegations.  If the court finds probable cause sustaining
  1 32 the allegations, further criminal proceedings are suspended
  1 33 and the court is required to order the defendant to undergo a
  1 34 psychiatric evaluation to determine whether the defendant is
  1 35 suffering a mental disorder which prevents the defendant from
  2  1 appreciating the charge, understanding the proceedings, or
  2  2 assisting effectively in the defense. The bill requires the
  2  3 department of corrections to pay the costs of the psychiatric
  2  4 evaluation.
       LSB 2536YH (2) 87
       rh/nh