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SECOND REGULAR SESSION
HOUSE BILL NO. 2952
103RD GENERAL ASSEMBL Y
INTRODUCED BY REPRESENT A TIVE SMITH (46).
6600H.01I JOSEPH ENGLER, Chief Clerk
AN ACT
T o 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 pro vision of law , any person arr ested 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 proc eeding shall obtain such evaluation
4 within forty-five days fro m the date the person was arr ested.
5 (2) If, based on the r esults of the mental health evaluation requ ired under
6 subdivision (1) of this subsection, the person is to be transferr ed to a mental health
7 facility to r eceive trea tment, such transfer shall occur within forty-five days after the
8 mental health evaluation.
9 2. If the evaluation or transfer r equir ed 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 res ponsible for conducting the evaluation or transfer shall pr ovide good
12 cause to the arr esting authority or prosecuting attorney as to why the evaluation or
13 transfer was not completed within the time frame pr ovided in subsection 1 of this
14 section.
15 3. On or before January 1, 2027, and every January first ther eafter , the
16 department of mental health shall submit an annual repor t to the general assembly
EXPLANA TION — 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.
17 summarizing the department's compliance with the pr ovisions of subsection 1 of this
18 section for the pr evious year .
19 4. The pr ovisions of this section shall not apply if ther e:
20 (1) Are any medical emergencies pr eventing an evaluation under subdivision (1)
21 of subsection 1 of this section;
22 (2) Is no person able to conduct the evaluation r equir ed under subdivision (1) of
23 subsection 1 of this section; however , it shall be documented that efforts were made to
24 comply with the pr ovisions of subdivision (1) of subsection 1 of this section; or
25 (3) Ar e other justifiable delays that have been appr oved by the court, except that
26 no such delay shall exceed fifteen days.
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HB 2952 2