Senate Bill No. 89–Committee on Judiciary

 

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AN ACT relating to criminal procedure; revising the provision governing the time in which the court may order a determination of competency; providing that the district court must determine the competency of a defendant to stand trial under certain circumstances; and providing other matters properly relating thereto.

 

THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN

SENATE AND ASSEMBLY, DO ENACT AS FOLLOWS:

 

    Section 1. NRS 178.405 is hereby amended to read as follows:

    178.405  [When a complaint, indictment or information is

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

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

the competence of the defendant, the court shall suspend the trial or

the pronouncing of the judgment, as the case may be, until the

question of competence is determined.

    Sec. 2.  NRS 178.415 is hereby amended to read as follows:

    178.415  1.  Except as otherwise provided in this subsection,

the court shall appoint two psychiatrists, two psychologists, or one

psychiatrist and one psychologist, to examine the defendant. If the

defendant is accused of a misdemeanor, the court of jurisdiction

shall appoint a psychiatric social worker, or other person who is

especially qualified by the Division of Mental Health and

Developmental Services of the Department of Human Resources, to

examine the defendant.

    2.  [At] Except as otherwise provided in this subsection, at a

hearing in open court, the [judge shall] court that orders the

examination must receive the report of the examination . [and] If a

justice’s court orders the examination of a defendant who is

charged with a gross misdemeanor or felony, the district court

must receive the report of the examination.

    3.  The court that receives the report of the examination shall

permit counsel for both sides to examine the person or persons

appointed to examine the defendant. The prosecuting attorney and

the defendant may introduce other evidence and cross-examine one

another’s witnesses.

    [3.] 4. The court that receives the report of the examination

shall then make and enter its finding of competence or

incompetence.

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

 

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