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 clarifies that dismissal of charges does not prevent the individual from being tried for the offense if they later become competent.
Additionally, the bill introduces a new section, 13 V.S.A. § 4509, which outlines 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, 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