HCS HB 486, 44, 269, & 489 -- CRIMINAL COMPETENCY

SPONSORS:  Hosmer (Parker)

COMMITTEE ACTION:  Voted "do pass" by the Committee on Criminal
Law by a vote of 15 to 0.

The substitute changes record requirements regarding criminal
competency offenders, amends the standard for determining mental
capacity to stand trial or to be executed for a crime committed,
and excludes evidence acquired during a custodial interrogation
of a mentally retarded person.

The substitute:

(1) Requires clerks of reporting criminal courts to furnish

final dispositions to the central repository, including all
releases and acquittals on the ground of mental disease or
defect excluding responsibility.  The clerks will also provide
documents to the Department of Corrections or Department of
Mental Health (DMH) indicating court judgment, sentence, offense
cycle number, and criminal offense at the time of commitment or
assignment or for subsequent convictions;

(2) Requires DMH to furnish the central repository with
fingerprints and commitment records relating to sentencing,
releases, pardons, paroles, or escapes of persons committed
after acquittals on the ground of mental disease or defect
excluding responsibility;

(3) Changes the standard for determining whether the accused
lacks the mental capacity to stand trial or conviction for a
crime.  The standard is that no person will stand trial who (a)
as a result of mental disease or defect lacks capacity to
understand the proceedings against him or her; and (b) due to
the inability to understand the proceedings is unable to assist
in his or her own defense.  Under current law, either standard
is sufficient for a finding of lack of capacity;

(4) Permits the court, in a contested hearing as to the mental
fitness of the accused to proceed at trial, to impanel a 6
person jury to aid in making the determination.  The accused is
presumed  to have the mental fitness to proceed.  The burden to
prove otherwise is by a preponderance of the evidence on the
party raising the issue.  The burden of going forward is on the
state if the court raises the issue;

(5) Allows the court to declare a mistrial without constituting
double jeopardy, if the accused's mental fitness to proceed is
raised after a jury was impaneled or after a plea of not guilty;

(6) Allows the state to appeal a court determination that the
accused lacks the mental capacity or fitness to stand trial;

(7) Prohibits the execution of a condemned person who as a
result of a mental disease or defect is unable to assist in the
preparation of an application for executive clemency;

(8) Excludes any evidence, statement, or confession obtained
during a custodial interrogation of a mentally retarded person
from introduction at a criminal trial unless an attorney was
present during the custodial interrogation to represent the
person; and

(9) Requires the statute of limitations for prosecuting a
criminal offense to be tolled while the accused lacks mental
fitness to proceed.

FISCAL NOTE:  No impact on state funds.

PROPONENTS:  Supporters say that the legislation provides needed
changes to the law regarding persons who lack mental capacity
who are involved in the criminal justice system.

Testifying for the bill were Representatives Parker, Schilling,
and May; Al Smith, Father of victim; Office of the Attorney
General; and Missouri Highway Patrol.

OPPONENTS:  Those who oppose the bill say that the legislation
formerly had language that criminally punished offenders who
failed to take prescribed medication for mental disorders.  This
language should be removed from the substitute. (The language
was removed.)

Testifying against the bill were Bruce Harry, Mental Health
worker; Mark McBride; Missouri Coalition Alliances for the
Mentally Ill; and Dennis Jensen, former forensic patient.

Michael Warrick, Research Analyst

HB 486 -- Criminal Competency Records

Sponsor:  Parker

This bill changes record requirements regarding criminal
competency offenders and  expands the criminal responsibility of
persons who commit criminal acts in an intoxicated condition or
who fail to take prescribed medication for a mental disease or
defect.  The bill:

(1) Requires clerks of reporting criminal courts to furnish

final dispositions to the central repository including all
releases, and acquittals on the ground of mental disease or
defect excluding responsibility.  The clerks will also provide
documents to the Department of Corrections or Department of
Mental Health (DMH) indicating court judgment, sentence, offense
cycle number, and criminal offense at the time of commitment or
assignment or for subsequent convictions;

(2) Requires DMH to furnish the central repository with
fingerprints and commitment records relating to sentencing,
releases, pardons, paroles, or escapes of persons committed
after acquittals on the ground of mental disease or defect
excluding responsibility;

(3) Prevents the unconditional release of a committed person who
presents a danger to himself or others or is dependent on the
taking of medications; and

(4) Expands the criminal responsibility of persons to those
withdrawing from an intoxicated or drugged condition or who fail
to take prescribed medication for treatment of a mental disease
or disorder.