Vermont H 405: An act relating to promoting racial equity and protecting Vermonters

Bill Text

BILL AS INTRODUCED H.405
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VT LEG #380760 v.1
H.405 1
Introduced by Representative LaLonde of South Burlington 2
Referred to Committee on 3
Date: 4
Subject: Criminal procedure; competency to stand trial 5
Statement of purpose of bill as introduced: This bill proposes to provide that 6
when a person has been found incompetent to stand trial for a criminal offense, 7
the charges against the person shall be dismissed if the person has not regained 8
competency prior to the expiration of the statute of limitations for the offense. 9
An act relating to competency to stand trial 10
It is hereby enacted by the General Assembly of the State of Vermont: 11
Sec. 1. 13 V.S.A. § 4817 is amended to read: 12
§ 4817. COMPETENCY TO STAND TRIAL; DETERMINATION; 13
DISMISSAL 14
* * * 15
(b) A person shall not be tried for a criminal offense if the person is found 16
incompetent to stand trial by a preponderance of the evidence. 17
* * * 18
(d) A person who has been found incompetent to stand trial for an alleged 19
offense may be tried for that offense if, upon subsequent hearing, such person 20

BILL AS INTRODUCED H.405
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VT LEG #380760 v.1
is found by the court having jurisdiction of the person’s trial for the offense to 1
have become competent to stand trial. 2
(e) When a person has been found incompetent to stand trial for an alleged 3
offense, the charges against the person shall be dismissed if the person has not 4
regained competency prior to the expiration of the statute of limitations for the 5
offense under chapter 151 of this title. Dismissal of charges against a person 6
pursuant to this subsection shall not affect whether the person may be tried for 7
the offense after becoming competent as provided for in subsection (d) of this 8
section. 9
Sec. 2. 13 V.S.A. § 4509 is added to read: 10
§ 4509. EFFECT OF FINDING OF INCOMPETENCY TO STAND TRIAL 11
The applicable limitations period for an offense shall resume running when 12
a person is found incompetent to stand trial for the offense pursuant to section 13
4817 of this title. If the person is subsequently found competent to stand trial 14
for the offense, the limitations period shall be tolled upon the date of the 15
finding. 16
Sec. 3. EFFECTIVE DATE 17
This act shall take effect on passage. 18