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 specifies a time limit for the submission of reports related to mental competency. It establishes that if an attorney believes their client may be mentally incompetent, they can file a motion for examination, which must be done within seven days of the Attorney General's motion to set an execution date. The bill also mandates that the trial court hold an evidentiary hearing to determine mental competency before the scheduled execution date and outlines the procedures for competency restoration if a person is found incompetent.
Key changes include the insertion of language that allows for new execution dates to be set if the previous date has expired or if a stay has been issued. The bill also prohibits any filings related to these proceedings from being made under seal and makes the amendments retroactive. Additionally, it specifies that the Department of Mental Health and Substance Abuse Services will oversee the treatment and evaluation of individuals found mentally incompetent, ensuring that competency restoration services begin within thirty days of the court's order. The act is set to take effect on November 1, 2025.