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; 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:

 

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

1-2  178.405  [When a complaint, indictment or information is

1-3  called for] Any time before trial, or when upon conviction the

1-4  defendant is brought up for judgment, if doubt arises as to

1-5  the competence of the defendant, the court shall suspend the trial or

1-6  the pronouncing of the judgment, as the case may be, until the

1-7  question of competence is determined.

1-8  Sec. 2.  NRS 178.415 is hereby amended to read as follows:

1-9  178.415  1.  Except as otherwise provided in this subsection,

1-10  the court shall appoint two psychiatrists, two psychologists, or one

1-11  psychiatrist and one psychologist, to examine the defendant. If the

1-12  defendant is accused of a misdemeanor, the court of jurisdiction

2-1  shall appoint a psychiatric social worker, or other person who is

2-2  especially qualified by the Division of Mental Health and

2-3  Developmental Services of the Department of Human Resources, to

2-4  examine the defendant.

2-5  2.  [At] Except as otherwise provided in this subsection, at a

2-6  hearing in open court, the [judge shall] court that orders the

2-7  examination must receive the report of the examination . [and] If a

2-8  justice’s court orders the examination of a defendant who is

2-9  charged with a gross misdemeanor or felony, the district court

2-10  must receive the report of the examination.

2-11      3.  The court that receives the report of the examination shall

2-12  permit counsel for both sides to examine the person or persons

2-13  appointed to examine the defendant. The prosecuting attorney and

2-14  the defendant may introduce other evidence and cross-examine one

2-15  another’s witnesses.

2-16      [3.] 4. The court that receives the report of the examination

2-17  shall then make and enter its finding of competence or

2-18  incompetence.

2-19      Sec. 3.  This act becomes effective on July 1, 2003.

 

2-20  H