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STATE OF OKLAHOMA
2nd Session of the 60th Legislature (2026)
HOUSE BILL 3629 By: Lawson
AS INTRODUCED
An Act relating to criminal procedure; amending 22
O.S. 2021, Sections 1175.2, 1175.4, as amended by
Section 3, Chapter 73, O.S.L. 2024, and 1175.6a, as
amended by Section 2, Chapter 364, O.S.L. 2025 (22
O.S. Supp. 2025, Sections 1175.4 and 1175.6a), which
relate to procedures for determining competency;
deleting certain notice and affidavit requirement;
extending time limitation for scheduling certain
hearing; authorizing courts to issue orders for
medications and injectables; directing the Department
of Mental Health and Substance Abuse Services to
prepare and submit certain report to the court; and
providing an effective date.
BE IT ENACTED BY THE PEOPLE OF THE STATE OF OKLAHOMA:
SECTION 1. AMENDATORY 22 O.S. 2021, Section 1175.2, is
amended to read as follows:
Section 1175.2. A. No person shall be subject to any criminal
procedures after the person is determined to be incompetent except
as provided in Sections 1175.1 through 1175.8 of this title. The
question of the incompetency of a person may be raised by the
person, the attorney for the person whose competency is in question,
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or the district attorney, by an application for determination of
competency. The application for determination of competency shall
allege that the person is incompetent to undergo further
proceedings, and shall state facts sufficient to raise a doubt as to
the competency of the person. The court, at any time, may initiate
a competency determination on its own motion, without an
application, if the court has a doubt as to the competency of the
person.
If the court so initiates such an application, it may appoint
the district attorney for the purpose of proceeding with the
application. If the district attorney opposes the application of
the court, and by reason of a conflict of interest could not
represent the court as applicant, then the court shall appoint
private counsel. Said private counsel shall be reasonably
compensated by the court fund.
B. A copy of the application for determination of competency
and a notice, as hereinafter described, shall be served personally
at least one (1) day before the first hearing on the application for
a competency determination. The notice shall contain the following
information:
1. The definition provided by Section 1175.1 of this title of
competency and incompetency;
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2. That, upon request, the hearing on the application may be
conducted as a jury trial as provided in Section 1175.4 of this
title;
3. That the petitioner and any witnesses identified in the
application may offer testimony under oath at the hearings on the
petition and that the defendant may not be called to testify against
the defendant's will, unless the application is initiated by the
defendant;
4. That if the person whose competency is in question does not
have an attorney, the court will appoint an attorney for the person
who shall represent the person until final disposition of the case;
5. That if the person whose competency is in question is
indigent or poor, the court will pay the attorney fees; and
6. That the person whose competency is in question shall be
afforded such other rights as are guaranteed by state and federal
law and that such rights include a trial by jury, if demanded. The
notice shall be served upon the person whose competency is in
question, upon the person's father, mother, husband, or wife or, in
their absence, someone of the next of kin, of full age, if any said
persons are known to be residing within the county, and upon any of
said relatives residing outside of the county, and within the state,
as may be ordered by the court, and also upon the person with whom
the person whose competency is in question may reside, or at whose
house the person may be. The person making such service shall make
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affidavit of the same and file such notice, with proof of service,
with the district court. This notice may be served in any part of
this state.
C. Any criminal proceedings against a person whose competency
is in question shall be suspended pending the determination of the
competency of the person.
SECTION 2. AMENDATORY 22 O.S. 2021, Section 1175.4, as
amended by Section 3, Chapter 73, O.S.L. 2024 (22 O.S. Supp. 2025,
Section 1175.4), is amended to read as follows:
Section 1175.4. A. A hearing to determine the competency of
the person whose competency is in question shall be held within
thirty (30) days after the qualified forensic examiner or examiners
have made the determination required in Section 1175.3 of this
title. In such cases where intellectual disability may be involved,
the Office of Public Guardian shall have standing to participate in
any stage of the proceedings as deemed necessary by the Office.
B. The court, at the hearing, shall determine by a
preponderance of the evidence if the person is incompetent. Such
determination shall include consideration of all reports prepared by
the qualified forensic examiner or examiners; provided, however, in
any case where intellectual disability may be involved, the
recommendations of examiners set forth in subparagraph b of
paragraph 1 of subsection D of Section 1175.3 of this title shall be
considered by the court. The person shall be presumed to be
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competent for the purposes of the allocation of the burden of proof
and burden of going forward with the evidence. If the court deems
it necessary, or if the person alleged to be a person requiring
treatment, or any relative, friend, or any person with whom he or
she may reside, or at whose house the person may be, shall so
demand, the court shall schedule the hearing on the application as a
jury trial to be held within seventy-two (72) hours thirty (30) days
of the request, excluding weekends and legal holidays, or within as
much additional time as is requested by the attorney of the person
whose competency is in question, upon good cause shown. The jury
shall be composed of six (6) persons having the qualifications
required of jurors in courts of record, summoned to determine the
questions of the person's competency of the person and need for
treatment. Whenever a jury is required, the court shall proceed to
the selection of such jury in the manner as provided by law and such
jury shall determine the questions of the competency and need for
treatment of the person whose competency is in question. The jurors
shall receive fees for attendance and mileage as are allowed by law.
C. The person whose competency is in question shall have the
right to be present at the hearing on the petition unless it is made
to appear to the court that the presence of the person makes it
impossible to conduct the hearing in a reasonable manner. The court
may not decide in advance of the hearing, solely on the basis of the
certificate of the examining doctor or doctors, that the person
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whose competency is in question should not be allowed to appear. It
shall be made to appear to the court based on clear and convincing
evidence that alternatives to exclusion were attempted before the
court renders the person's removal of the person for that purpose or
the person's appearance of the person at such hearing improper and
unsafe.
D. All witnesses shall be subject to cross-examination in the
same manner as is provided by law. If so stipulated by counsel for
a person whose competency is in question, the district attorney and
the court, testimony may be given by telephone or other electronic
transmitting device approved by the court. No statement, admission
or confession made by the person whose competency is in question
obtained during the examination for competency may be used for any
purpose except for proceedings under Section 1175.1 et seq. of this
title. No such statement, admission or confession may be used
against such person in any criminal action whether pending at the
time the hearing is held or filed against such person at any later
time, directly, indirectly or in any manner or form.
E. If the question of competency is submitted to a jury, the
court shall instruct the jury as to the law regarding competency,
and the findings they are to make. If the trial of the question is
to the court, the court shall make the required findings.
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SECTION 3. AMENDATORY 22 O.S. 2021, Section 1175.6a, as
amended by Section 2, Chapter 364, O.S.L. 2025 (22 O.S. Supp. 2025,
Section 1175.6a), is amended to read as follows:
Section 1175.6a. A. If the person is found to be incompetent
prior to conviction because he or she is a person requiring
treatment as defined in Section 1-103 of Title 43A of the Oklahoma
Statutes, but capable of achieving competence with treatment within
a reasonable period of time as defined by Section 1175.1 of this
title, the court shall suspend the criminal proceedings and order
the Department of Mental Health and Substance Abuse Services to
provide treatment, therapy or training which is calculated to allow
the person to achieve competency. In addition, the court shall also
be authorized to order the Department or treating physician to
prescribe and administer medications, including the administration
of medications by an injectable method. The Department may
designate a willing entity to provide such competency restoration
services on behalf of the Department, provided the entity has
qualified personnel. The court shall further order the Department
to take custody of the individual as soon as a forensic bed becomes
available, unless both the Department and the county jail where the
person is being held determine that it is in the best interests of
the person to remain in the county jail. Such competency
restoration services shall begin within a reasonable period of time
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after the court has determined that the person is not competent to
stand trial.
The person shall remain in the custody of the county jail until
such time as the Department has a bed available at the forensic
facility unless competency restoration services are provided by a
designee of the Department, in which case custody of the person
shall be transferred to the Department.
B. The Every thirty (30) days, the Department of Mental Health
and Substance Abuse Services or designee shall make periodic reports
prepare and submit to the court a report as to the competency of the
defendant.
C. If the person is determined by the Department of Mental
Health and Substance Abuse Services or designee to have regained
competency, or is no longer incompetent because the person is a
person requiring treatment as defined by Section 1-103 of Title 43A
of the Oklahoma Statutes, a hearing shall be scheduled within twenty
(20) days:
1. If found competent by the court or a jury after such
rehearing, criminal proceedings shall be resumed;
2. If the person is found to continue to be incompetent because
the person is a person requiring treatment as defined in Section 1-
103 of Title 43A of the Oklahoma Statutes, the person shall be
returned to the custody of the Department of Mental Health and
Substance Abuse Services or designee;
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3. If the person is found to be incompetent because the person
is an individual with intellectual disability as defined by Section
1408 of Title 10 of the Oklahoma Statutes, the court shall issue the
appropriate order as set forth in Section 1175.6b of this title;
4. If the person is found to be incompetent for reasons other
than the person is a person requiring treatment as defined by
Section 1-103 of Title 43A of the Oklahoma Statutes, and other than
the person is an individual with intellectual disability as defined
in Section 1408 of Title 10 of the Oklahoma Statutes, and is also
found to be not dangerous as defined by Section 1175.1 of this
title, the court shall issue the appropriate order as set forth in
Section 1175.6b of this title; or
5. If the person is found to be incompetent for reasons other
than the person is a person requiring treatment as defined by
Section 1-103 of Title 43A of the Oklahoma Statutes, and other than
the person is an individual with intellectual disability as defined
in Section 1408 of Title 10 of the Oklahoma Statutes, but is also
found to be dangerous as defined by Section 1175.1 of this title,
the court shall issue the appropriate order as set forth in Section
1175.6c of this title.
D. If the person is found to be incompetent because the person
is a person requiring treatment as defined by Section 1-103 of Title
43A of the Oklahoma Statutes, but not capable of achieving
competence with treatment within a reasonable period of time as
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defined by Section 1175.1 of this title, the court shall commence
civil commitment proceedings pursuant to Title 43A of the Oklahoma
Statutes and shall dismiss without prejudice the criminal
proceeding. If the person is subsequently committed to the
Department of Mental Health and Substance Abuse Services pursuant to
Title 43A of the Oklahoma Statutes, the statute of limitations for
the criminal charges which were dismissed by the court shall be
tolled until the person is discharged from the Department of Mental
Health and Substance Abuse Services pursuant to Section 7-101 of
Title 43A of the Oklahoma Statutes.
E. For a person undergoing competency restoration services,
within thirty (30) days after the expiration of the reasonable
period of time as defined by Section 1175.1 of this title, the court
shall hold a hearing to determine whether the person has been
restored to competency.
1. No less than fifteen (15) days prior to the hearing the
Department of Mental Health and Substance Abuse Services shall
submit a report to the court, the person’s attorney, and the
prosecuting agency detailing the person’s status and progress in
being restored to competency including the person’s historical and
current compliance with medication and treatment and a plan for
competency restoration if additional competency restoration services
are ordered by the court.
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2. If the court determines that the person has been restored to
competency, the criminal proceedings shall resume.
3. If the court determines that the person has not been
restored to competency, the court shall determine whether additional
competency restoration services are likely to be beneficial in
restoring the person to competency. If the court finds by a
preponderance of the evidence that additional competency restoration
services are:
a. likely to be beneficial in restoring the person to
competency, the court shall order the person to remain
in or be transferred to the custody of the Department
which shall continue to provide treatment, therapy, or
training calculated to restore the person to
competency for a period of time not to exceed the
lesser of an additional two (2) years or the maximum
sentence specified for the most serious offense with
which the defendant is charged, or
b. not likely to be beneficial in restoring the person to
competency, the court shall commence civil commitment
proceedings pursuant to Title 43A of the Oklahoma
Statutes and shall dismiss without prejudice the
criminal proceeding. If the person is subsequently
committed to the Department pursuant to Title 43A of
the Oklahoma Statutes, the statute of limitations for
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the criminal charges which were dismissed by the court
shall be tolled until the person is discharged from
the Department pursuant to Section 7-101 of Title 43A
of the Oklahoma Statutes.
SECTION 4. This act shall become effective November 1, 2026.
60-2-13891 GRS 11/10/25