2024 Regular SessionIndiana Legislature

HB1238: Competency evaluation.

Legislative Summary

Competency evaluation. Requires the division of mental health and addiction to establish a training program to certify a competency evaluator to assist a court in determining competency. Provides that certain licensed individuals may examine a defendant and testify as to whether the defendant can understand the criminal proceedings and assist in the preparation of the defendant's defense. Allows a court to dismiss criminal charges, without prejudice if the defendant has a certain diagnosis and the defendant is charged with a misdemeanor or Level 6 felony. Makes conforming changes.

Demographic Impact

Overall analysis of equity impact

80% Positive
High ConfidenceView detailed demographic breakdown ↓

Unlock Full Demographic Insights

Go beyond the overall score.

Gain a deeper understanding of this bill's potential impact across diverse communities, including detailed breakdowns by category and subgroup. Access to this granular analysis helps ensure equitable outcomes.

Enable full analysis features for your organization.

Contact Sales to Learn More

Or email us directly at sales@legiequity.us.

Bill History

1/9/2024
Coauthored by Representatives Meltzer, Steuerwald, Gore
House of Representatives
1/9/2024
Authored by Representative McNamara
House of Representatives
1/9/2024
First reading: referred to Committee on Courts and Criminal Code
House of Representatives
1/25/2024
Committee report: amend do pass, adopted
House of Representatives
1/25/2024
Referred to the Committee on Ways and Means pursuant to House Rule 127
House of Representatives
1/30/2024
Committee report: amend do pass, adopted
House of Representatives
2/1/2024
Second reading: ordered engrossed
House of Representatives
2/5/2024
Senate sponsors: Senators Brown L, Messmer, Crider
House of Representatives
2/5/2024
Third reading: passed; Roll Call 138: yeas 97, nays 0
House of Representatives
2/6/2024
Referred to the Senate
House of Representatives
2/12/2024
First reading: referred to Committee on Corrections and Criminal Law
Senate
2/22/2024
Committee report: amend do pass, adopted
Senate
2/27/2024
Second reading: ordered engrossed
Senate
2/27/2024
Senator Randolph added as cosponsor
Senate
2/29/2024
Third reading: passed; Roll Call 220: yeas 43, nays 6
Senate
3/1/2024
Returned to the House with amendments
Senate
3/5/2024
Motion to concur filed
House of Representatives
3/5/2024
House concurred in Senate amendments; Roll Call 282: yeas 87, nays 2
House of Representatives
3/7/2024
Signed by the Speaker
House of Representatives
3/7/2024
Signed by the President Pro Tempore
Senate
3/8/2024
Signed by the President of the Senate
Senate
3/12/2024
Signed by the Governor
House of Representatives
3/12/2024
Public Law 85
House of Representatives

Amendments

Senate Amendment #1

Senate Amendment #1

2/27/2024Not Adopted

Senate Corrections and Criminal Law Amendment #5

Senate Corrections and Criminal Law Amendment #5

2/20/2024Not Adopted

Senate Corrections and Criminal Law Amendment #4

Senate Corrections and Criminal Law Amendment #4

2/20/2024Not Adopted

House Ways and Means Amendment #3

House Ways and Means Amendment #3

1/30/2024Not Adopted

House Courts and Criminal Code Amendment #2

House Courts and Criminal Code Amendment #2

1/24/2024Not Adopted

Roll Call Votes

House - House concurred in Senate amendments
3/5/2024
87
Yea
2
Nay
2
Not Voting
9
Absent
Result: PASSED
Senate - Third reading
2/29/2024
43
Yea
6
Nay
0
Not Voting
1
Absent
Result: PASSED
House - Third reading
2/5/2024
97
Yea
0
Nay
1
Not Voting
2
Absent
Result: PASSED

Status Information

Current Status
Passed(3/12/2024)
Chamber
House of Representatives
Sine DiePrior Session

Documents

Enrolled
Bill Text3/5/2024164.4 KB
Comm Sub
Bill Text2/22/2024264.5 KB
Comm Sub
Bill Text1/30/2024252.1 KB
Comm Sub
Bill Text1/25/2024242.6 KB
Introduced
Bill Text1/8/2024130.7 KB
Fiscal Note
Fiscal Note3/6/202479.5 KB
Fiscal Note
Fiscal Note2/29/202479.5 KB
Fiscal Note
Fiscal Note2/27/202479.5 KB
Fiscal Note
Fiscal Note2/23/202479.5 KB
Misc
Misc2/22/202446.5 KB
Misc
Misc2/20/202422.3 KB
Fiscal Note
Fiscal Note2/5/202479.5 KB
Fiscal Note
Fiscal Note2/1/202479.5 KB
Fiscal Note
Fiscal Note1/30/202480.0 KB
Misc
Misc1/30/202463.6 KB
Misc
Misc1/30/202423.4 KB
Fiscal Note
Fiscal Note1/26/202479.5 KB
Misc
Misc1/25/202493.9 KB
Misc
Misc1/24/202422.4 KB
Fiscal Note
Fiscal Note1/8/202477.0 KB