HOUSE OF REPRESENTATIVES

H.B. NO.

553

TWENTY-NINTH LEGISLATURE, 2017

 

STATE OF HAWAII

 

 

 

 

 

 

A BILL FOR AN ACT

 

 

relating to criminal defendants' Fitness to proceed.

 

 

BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF HAWAII:

 


     SECTION 1.  Section 704-404, Hawaii Revised Statutes, is amended by amending subsection (2) to read as follows:

     "(2)  Upon suspension of further proceedings in the prosecution, the court shall appoint [three qualified examiners in felony cases, and] one qualified examiner [in nonfelony cases,] to examine and report upon the defendant's fitness to proceed.  [In felony cases, the court shall appoint as examiners at least one psychiatrist and at least one licensed psychologist.  The third examiner may be a psychiatrist, licensed psychologist, or qualified physician.  One of the three examiners shall be a psychiatrist or licensed psychologist designated by the director of health.  In nonfelony cases, the] The court may appoint [as examiners] either a psychiatrist or a licensed psychologist[.] as an examiner.  [All examiners] An examiner shall be appointed from a list of certified examiners as determined by the department of health.  The court, in appropriate circumstances, may appoint an additional examiner or examiners.  The examination may be conducted while the defendant is in custody or on release or, in the court's discretion, when necessary the court may order the defendant to be committed to a hospital or other suitable facility for the purpose of the examination for a period not exceeding thirty days, or a longer period as the court determines to be necessary for the purpose.  The court may direct that one or more qualified physicians or psychologists retained by the defendant be permitted to witness the examination.  As used in this section, the term "licensed psychologist" includes psychologists exempted from licensure by section 465-3(a)(3) and "qualified physician" means a physician qualified by the court for the specific evaluation ordered."

     SECTION 2.  Act 231, Session Laws of Hawaii 2016, is amended by repealing section 5.

     ["SECTION 5.  Section 704-404, Hawaii Revised Statutes, is amended by amending subsection (2) to read as follows:

     "(2)  Upon suspension of further proceedings in the prosecution, the court shall appoint three qualified examiners in felony cases, and one qualified examiner in nonfelony cases, to examine and report upon the physical and mental condition of the defendant.  In felony cases, the court shall appoint at least one psychiatrist and at least one licensed psychologist.  The third member may be a psychiatrist, licensed psychologist, or qualified physician.  One of the three shall be a psychiatrist or licensed psychologist designated by the director of health[.] from within the department of health.  In nonfelony cases, the court may appoint either a psychiatrist or a licensed psychologist.  All examiners shall be appointed from a list of certified examiners as determined by the department of health.  The court, in appropriate circumstances, may appoint an additional examiner or examiners.  The examination may be conducted while the defendant is in custody or on release or, in the court's discretion, when necessary the court may order the defendant to be committed to a hospital or other suitable facility for the purpose of the examination for a period not exceeding thirty days, or a longer period as the court determines to be necessary for the purpose.  The court may direct that one or more qualified physicians or psychologists retained by the defendant be permitted to witness the examination.  As used in this section, the term "licensed psychologist" includes psychologists exempted from licensure by section 465-3(a)(3).""]

     SECTION 3.  This Act does not affect rights and duties that matured, penalties that were incurred, and proceedings that were begun before its effective date.

     SECTION 4.  Statutory material to be repealed is bracketed and stricken.  New statutory material is underscored.

     SECTION 5.  This Act shall take effect upon its approval.

 

INTRODUCED BY:

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Report Title:

Criminal Defendants; Fitness to Proceed; Examinations

 

Description:

Provides that the court may appoint 1 qualified examiner, rather than 3, to evaluate a criminal defendant's fitness to proceed in a felony case.

 

 

 

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