House Bill No. 1693 amends existing laws regarding the death penalty procedures for individuals deemed mentally incompetent to be executed. The bill clarifies the evidentiary hearing requirements and establishes a timeline for the submission of mental competency reports. It allows attorneys to file motions for mental competency evaluations and mandates that the trial court hold evidentiary hearings to determine competency before execution dates are set. The bill also specifies that if a person is found mentally incompetent, the Department of Mental Health and Substance Abuse Services will be responsible for providing treatment and monitoring progress towards competency restoration.
Key changes in the bill include the prohibition of sealed proceedings, the application of the Criminal Discovery Code to relevant evidentiary hearings, and the retroactive application of the amendments. Additionally, the bill outlines the procedures for reevaluating mental competency and the responsibilities of the trial court and the Department of Mental Health and Substance Abuse Services in ensuring that individuals receive appropriate treatment. The act is set to take effect on November 1, 2025.