HB 1238 — Competency evaluation.
Last action — Public Law 85
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✓Introduced
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✓In Committee
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✓Passed House
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✓Passed Senate
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✓To Executive
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6Enacted
This bill has been enacted into law. Introduced January 09, 2024. Enacted.
Odds of enactment
High chanceBased on the sponsor, cosponsors, and committee posture, this bill has a high chance of becoming law.
Upgrade to see the exact probability and what's driving it.
A statistical estimate from our own model of past outcomes — an insight, not a guarantee. Policymaking is volatile.
Prognosis
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Enacted
Current position in the legislative process.
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8 sponsors
4 primary, 4 co-sponsors signed on.
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Bipartisan support
Sponsored across 2 parties (5 R · 2 D) — cross-party backing.
Based on stage, sponsorship breadth, committee status, recorded votes, and cross-state momentum — a description of the observable signals, not a prediction.
Summary
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.
Bill Text
We don't have the full text on file for this bill yet.
Read HB 1238 on the official Indiana source →Action History
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Public Law 85
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Signed by the Governor
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Signed by the President of the Senate
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Signed by the Speaker
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Signed by the President Pro Tempore
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House concurred in Senate amendments; Roll Call 282: yeas 87, nays 2
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Motion to concur filed
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Returned to the House with amendments
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Third reading: passed; Roll Call 220: yeas 43, nays 6
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Senator Randolph added as cosponsor
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Second reading: ordered engrossed
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Committee report: amend do pass, adopted
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First reading: referred to Committee on Corrections and Criminal Law
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Referred to the Senate
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Third reading: passed; Roll Call 138: yeas 97, nays 0
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Senate sponsors: Senators Brown L, Messmer, Crider
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Second reading: ordered engrossed
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Committee report: amend do pass, adopted
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Committee report: amend do pass, adopted
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Referred to the Committee on Ways and Means pursuant to House Rule 127
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Coauthored by Representatives Meltzer, Steuerwald, Gore
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First reading: referred to Committee on Courts and Criminal Code
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Authored by Representative McNamara
Sponsors
- Lonnie Randolph · Cosponsor
- Michael Crider · Primary
- Mark Messmer · Primary
- Liz Brown · Primary
- Mitch Gore · Cosponsor
- Gregory Steuerwald · Cosponsor
- Jennifer Meltzer · Cosponsor
- Wendy McNamara · Primary
Sponsorship breakdown
Export CSV (upgrade) →4 sponsors · 4 co-sponsors · 142 not signed on
Sponsors (4)
- Michael Crider Republican
- Mark Messmer
- Liz Brown Republican
- Wendy McNamara Republican
Co-sponsors (4)
- Lonnie Randolph Democrat
- Mitch Gore Democrat
- Gregory Steuerwald Republican
- Jennifer Meltzer Republican
Not signed on (142)
142 members have not signed on to this bill.
Show all 142 →"Not signed on" means a member has not sponsored or co-sponsored this bill — it does not imply opposition. Members flagged Voted No have a recorded No vote on this bill.
Subjects
Frequently asked questions
- What does HB 1238 do?
- 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.
- Who sponsors HB 1238?
- HB 1238 is sponsored by Lonnie Randolph (Democrat), Michael Crider (Republican), Mark Messmer, Liz Brown (Republican), Mitch Gore (Democrat), Gregory Steuerwald (Republican), Jennifer Meltzer (Republican), and Wendy McNamara (Republican).
- What is the current status of HB 1238?
- This bill has been enacted into law. Introduced January 09, 2024. Enacted.
- Where can I track HB 1238?
- Track HB 1238 free on One Click Politics — get push/email alerts when it moves.
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Last checked for changes 3 months ago · updated continuously
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