Senate Bill No. 89–Committee on Judiciary

 

(On Behalf of the Nevada District
Judges Association)

 

February 11, 2003

____________

 

Referred to Committee on Judiciary

 

SUMMARY—Revises provisions governing determination of competency of defendant to stand trial. (BDR 14‑603)

 

FISCAL NOTE:  Effect on Local Government: No.

                           Effect on the State: No.

 

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EXPLANATION – Matter in bolded italics is new; matter between brackets [omitted material] is material to be omitted.

 

AN ACT relating to criminal procedure; clarifying the courts that have authority to order a determination of competency of a defendant to stand trial and to take certain other actions upon a determination that the defendant is incompetent; revising the provision governing the time in which the court may order a determination of competency; and providing other matters properly relating thereto.

 

THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN

SENATE AND ASSEMBLY, DO ENACT AS FOLLOWS:

 

1-1  Section 1. Chapter 178 of NRS is hereby amended by adding

1-2  thereto a new section to read as follows:

1-3  As used in NRS 178.400 to 178.460, inclusive, unless the

1-4  context otherwise requires, “court” means a district court,

1-5  justice’s court or municipal court, as applicable.

1-6  Sec. 2.  NRS 178.405 is hereby amended to read as follows:

1-7  178.405  [When a complaint, indictment or information is

1-8  called for] Any time before trial, or when upon conviction the

1-9  defendant is brought up for judgment, if doubt arises as to

1-10  the competence of the defendant, the court shall suspend the trial or

2-1  the pronouncing of the judgment, as the case may be, until the

2-2  question of competence is determined.

2-3  Sec. 3.  This act becomes effective on July 1, 2003.

 

2-4  H