Bill H.405, introduced by Representative LaLonde, aims to amend the current laws regarding a person's competency to stand trial for criminal offenses. The bill 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 outlined in the amended section 4817 of Title 13, which includes the insertion of a new subsection (e) detailing the dismissal of charges under these circumstances. Additionally, the bill clarifies that dismissal does not prevent the possibility of trying the individual for the offense if they later regain competency.

Furthermore, the bill introduces a new section, 4509, which addresses the effect of a finding of incompetency on the statute of limitations for an offense. It states that the limitations period will resume once a person is found incompetent, 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, ensuring that these changes are implemented promptly.

Statutes affected:
As Introduced: 13-4817