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House passes HB414 to set a statutory procedure for involuntary medication to restore competency
Summary
House Bill 414, sponsored by Representative Scott Wyatt, would codify a statutory procedure consistent with the U.S. Supreme Court's Sell decision for involuntary medication to restore competency to stand trial; the House passed the bill 59‑10 and sent it to the Senate.
The House approved House Bill 414, which establishes a statutory procedure to restore competency to stand trial for defendants who refuse medication and are deemed incompetent.
Representative Scott Wyatt, sponsor, said the bill translates the U.S. Supreme Court’s Sell decision into statute and adopts the strictest circuit standards for involuntary medication and competency restoration. He explained the measure ‘‘tolls the time’’ for competency restoration in cases where a defendant refuses necessary treatment and the statutory period would otherwise expire, and argued the bill fills procedural gaps left by the Supreme Court’s guidance.
‘‘This bill takes the Supreme Court standards and the highest burden required by any of the circuits across the country and puts it into statute,’’ Wyatt said, adding that it would provide a procedure for ‘‘very difficult’’ cases in which a defendant might otherwise be released if competency cannot be restored in time.
Wyatt said the bill has endorsements from groups involved in the criminal process, including the Attorney General’s office. After floor questions were resolved, the House voted and the clerk announced 59 yes and 10 no; the bill will be referred to the Senate for consideration.
What’s next: The bill moves to the Senate; if enacted, courts and hospitals will use the statutory framework to govern involuntary medication requests aimed at restoring competency.
