The bill H.405, introduced by Representative LaLonde, aims to amend the current laws regarding a person's competency to stand trial for criminal offenses. It stipulates that if an individual is found incompetent to stand trial, the charges against them will be dismissed if they do not regain competency before the statute of limitations for the offense expires. This new provision is added as subsection (e) to 13 V.S.A. § 4817, which also maintains that a person can still be tried for the offense if they later regain competency, as outlined in subsection (d).
Additionally, the bill introduces a new section, 13 V.S.A. § 4509, which clarifies the effect of a finding of incompetency on the statute of limitations. It states that the limitations period for an offense will resume once a person is found incompetent to stand trial, and if they are later deemed competent, the limitations period will be tolled from the date of that finding. The bill is set to take effect upon passage.
Statutes affected: As Introduced: 13-4817