HB 2952

                                 SECOND REGULAR SESSION
                    HOUSE BILL NO. 2952
                           103RD GENERAL ASSEMBLY
                          INTRODUCED BY REPRESENTATIVE SMITH (46).
 6600H.01I  JOSEPH ENGLER, Chief Clerk
                                            AN ACT
 To amend chapter 552, RSMo, by adding thereto one new section relating to mental health
       evaluations.
 Be it enacted by the General Assembly of the state of Missouri, as follows:
         Section A. Chapter 552, RSMo, is amended by adding thereto one new section, to be
2 known as section 552.025, to read as follows:
         552.025. 1. (1) Notwithstanding any provision of law, any person arrested and
2 subject to a mental health evaluation to determine whether the person is competent to
3 be tried, convicted, or sentenced in a criminal proceeding shall obtain such evaluation
4 within forty-five days from the date the person was arrested.
5(2) If, based on the results of the mental health evaluation required under
6 subdivision (1) of this subsection, the person is to be transferred to a mental health
7 facility to receive treatment, such transfer shall occur within forty-five days after the
8 mental health evaluation.
92. If the evaluation or transfer required under subsection 1 of this section is not
10 completed within the forty-five-day time frame, the department of mental health or
11 other entity responsible for conducting the evaluation or transfer shall provide good
12 cause to the arresting authority or prosecuting attorney as to why the evaluation or
13 transfer was not completed within the time frame provided in subsection 1 of this
14 section.
153. On or before January 1, 2027, and every January first thereafter, the
16 department of mental health shall submit an annual report to the general assembly
 EXPLANATION — Matter enclosed in bold-faced brackets [thus] in the above bill is not enacted and is
 intended to be omitted from the law. Matter in bold-face type in the above bill is proposed language.
HB 2952  2
17 summarizing the department's compliance with the provisions of subsection 1 of this
18 section for the previous year.
194. The provisions of this section shall not apply if there:
20(1) Are any medical emergencies preventing an evaluation under subdivision (1)
21 of subsection 1 of this section;
22(2) Is no person able to conduct the evaluation required under subdivision (1) of
23 subsection 1 of this section; however, it shall be documented that efforts were made to
24 comply with the provisions of subdivision (1) of subsection 1 of this section; or
25(3) Are other justifiable delays that have been approved by the court, except that
26 no such delay shall exceed fifteen days.
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