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HB 1136 - Mental incompetency plea; proceedings in cases; change, reorganize and clarify provisions

Tracking Level: Monitor
Sponsor: Ralston,David 7th
Last Action: 2/11/2008 - House Second Readers
House Committee: JudyNC
Assigned To:
05. Superior CourtsNext Bill
06. State CourtsNext Bill
07. Juvenile CourtsNext Bill
08. Probate CourtsNext Bill

Staff Analysis of the Legislation

HB 1136 amends Part 2 of Article 6 of Chapter 7 of Title 17 of the Official Code of Georgia Annotated that relates to insanity and mental incompetence. It changes, reorganizes, and clarifies certain provisions relating to proceedings in cases involving a plea of mental incompetence to stand trial. It provides definitions of certain terms. It will provide for the prosecuting attorney to petition the probate court for the defendant’s involuntary civil commitment or rehabilitative services. Whenever a plea is filed that a defendant in a criminal case is mentally incompetent to stand trial, it shall be the duty of the committing court to cause the issue of the defendant’s mental competency to stand trial to be tried first by a special jury. Defendants who are charged with a nonviolent offense and found mentally incompetent to stand trial shall have the charges dismissed by operation of law under certain circumstances. This removes the requirement that a defendant charged with a misdemeanor offense be committed to the Department of Human Resources for a period of one year prior to charges being dismissed by operation of law.

Bill Summary from the State Site - Click for the State Summary Page / Click for Current Full Text