Utah 2026 General Session Status: Enacted 2 R cosponsors

HB 207 — Competency Amendments

Last action — Governor Signed

  1. ✓
    Introduced
  2. ✓
    In Committee
  3. ✓
    Passed House
  4. ✓
    Passed Senate
  5. ✓
    To Executive
  6. 6
    Enacted

This bill has been enacted into law. Introduced January 09, 2026. Enacted.

Signed by Governor Spencer Cox (Republican) on March 17, 2026.

Odds of enactment

High chance

Based 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

Advancing 54% · moderate confidence

  • Enacted

    Current position in the legislative process.

  • 2 sponsors

    1 primary, 1 co-sponsors signed on.

  • Single-party support

    Sponsorship is currently within one party (2 R).

Based on stage, sponsorship breadth, committee status, recorded votes, and cross-state momentum — a description of the observable signals, not a prediction.

Bill Text

What changed in the latest version

541 added · 527 removed

Plain-language change summary

The updated version of Bill HB 207 introduces several important changes. It now requires that if a court orders two competency evaluations, they need to be conducted in a specific order. Additionally, the bill allows for defendants to be moved to a clinical or inpatient setting for these evaluations and clarifies rules about progress evaluations and medication orders when individuals are transferred between facilities. These changes aim to streamline the evaluation process and ensure that defendants receive appropriate care and treatment.

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HB0207S02 compared with HB0207 {Omitted text} shows text that was in HB0207 but was omitted in HB0207S02 inserted text shows text that was not in HB0207 but was inserted into HB0207S02 DISCLAIMER:
Enrolled Copy H.B.
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207 Competency Amendments GENERAL SESSION STATE OF UTAH Chief Sponsor:
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Competency Amendments GENERAL SESSION STATE OF UTAH Chief Sponsor:
Abbott Senate Sponsor:Todd Weiler 3 LONG TITLE General Description:
Abbott Senate Sponsor:
Todd Weiler 3 LONG TITLE General Description:
H ▸ provides for the portability of an involuntary medication order when an individual is transferred B between facilities;
▸ provides for the portability of an involuntary medication order when an individual is transferred between facilities;
2 ▸ defines terms;
▸ defines terms;
and 0 HB0207 compared with HB0207S02 ▸ makes technical and conforming changes.
and ▸ makes technical and conforming changes.
77-15-5 , as last amended by Laws of Utah 2025, Chapter 46 77-15-6 , as last amended by Laws of Utah 2025, Chapter 46 ENACTS:
77-15-5, as last amended by Laws of Utah 2025, Chapter 46 77-15-6, as last amended by Laws of Utah 2025, Chapter 46 H.B.
77-15-10 , Utah Code Annotated 1953 Be it enacted by the Legislature of the state of Utah:
207 Enrolled Copy ENACTS:
77-15-10, Utah Code Annotated 1953 Be it enacted by the Legislature of the state of Utah:
77-15-5.
77-15-5 .
(3) (a) - 2 - HB0207 compared with HB0207S02 (i) If the court finds that there is a bona fide doubt as to the defendant's competency to stand trial, the court shall order the department to have one or two forensic evaluators complete a competency evaluation for the defendant in accordance with Subsection (3)(b) and provide a report to the court regarding the competency of the defendant to stand trial.
(3)(a)(i) If the court finds that there is a bona fide doubt as to the defendant's competency to stand trial, the court shall order the department to have one or two forensic evaluators complete a competency evaluation for the defendant in accordance with Subsection (3)(b) and provide a report to the court regarding the competency of the defendant to stand trial.
(c) (i) This section does not prohibit a party from seeking an additional forensic evaluator to conduct a competency evaluation of the defendant.
(c)(i) This section does not prohibit a party from seeking an additional forensic - 2 - Enrolled Copy H.B.
207 evaluator to conduct a competency evaluation of the defendant.
(d) (i) After the court receives the reports of all evaluations ordered under this Subsection (3), the court may order the department to conduct an additional evaluation or an updated evaluation:
(d)(i) After the court receives the reports of all evaluations ordered under this Subsection (3), the court may order the department to conduct an additional evaluation or an updated evaluation:
- 3 - HB0207 compared with HB0207S02 [(d)] (e) The stipulation by parties to a bona fide doubt as to the defendant's competency to stand trial alone may not take the place of a competency evaluation ordered under this Subsection (3).
[(d)] (e) The stipulation by parties to a bona fide doubt as to the defendant's competency to stand trial alone may not take the place of a competency evaluation ordered under this Subsection (3).
(4) (a) If the petition or other information sufficiently raises concerns that the defendant may have an intellectual disability, at least one forensic evaluator who is experienced in assessments of intellectual disabilities shall conduct a competency evaluation.
(4)(a) If the petition or other information sufficiently raises concerns that the defendant may have an intellectual disability, at least one forensic evaluator who is experienced in assessments of intellectual disabilities shall conduct a competency evaluation.
(c) For purposes of a competency evaluation, a custodian of mental health records pertaining to the defendant, including the defendant's prior mental health evaluations or records relating to the defendant's substance use disorder, may provide the records to:
- 3 - H.B.
207 Enrolled Copy (c) For purposes of a competency evaluation, a custodian of mental health records pertaining to the defendant, including the defendant's prior mental health evaluations or records relating to the defendant's substance use disorder, may provide the records to:
(e) (i) Except as otherwise provided by law and in Subsections (4)(e)(ii) and (4)(f), the court shall order the forensic evaluator to destroy all records subject to the protective order within the 180 day period described in Subsection (4)(d).
(e)(i) Except as otherwise provided by law and in Subsections (4)(e)(ii) and (4)(f), the court shall order the forensic evaluator to destroy all records subject to the protective order within the 180 day period described in Subsection (4)(d).
- 4 - HB0207 compared with HB0207S02 (ii) A forensic evaluator is not required to destroy the records subject to the protective order if destroying the records is a violation of ethical standards to which the forensic evaluator is subject for occupational licensing.
(ii) A forensic evaluator is not required to destroy the records subject to the protective order if destroying the records is a violation of ethical standards to which the forensic evaluator is subject for occupational licensing.
(5) (a) Pending a competency evaluation, unless the court or the department directs otherwise, the defendant shall be retained in the same custody or status that the defendant was in at the time the examination was ordered.
(5)(a) Pending a competency evaluation, unless the court or the department directs otherwise, the defendant shall be retained in the same custody or status that the defendant was in at the time the examination was ordered.
(b) If clinically appropriate, based on the department's recommendation and request, the defendant may be transferred to a clinical or inpatient setting temporarily for the purpose of the competency evaluation.
(b) If clinically appropriate, based on the department's recommendation and request, the defendant may be transferred to a clinical or inpatient setting temporarily for the - 4 - Enrolled Copy H.B.
{(6)} If the department transfers the defendant as described Subsection (5)(b), the department shall provide notice of the transfer to the court and the parties.
207 purpose of the competency evaluation.
(c) If the department transfers the defendant as described Subsection (5)(b), the department shall provide notice of the transfer to the court and the parties.
- 5 - HB0207 compared with HB0207S02 (i) understand the charges or allegations against the defendant;
(i) understand the charges or allegations against the defendant;
and (d) if the forensic evaluator makes the determination under Subsection (7)(b)(i) or (7)(c), an explanation of the reason for the determination and a summary of the treatment provided to the defendant in the past.
and - 5 - H.B.
(8) (a) A forensic evaluator shall provide an initial report to the court and the prosecuting and defense attorneys within 30 days of the receipt of the court's order.
207 Enrolled Copy (d) if the forensic evaluator makes the determination under Subsection (7)(b)(i) or (7)(c), an explanation of the reason for the determination and a summary of the treatment provided to the defendant in the past.
(8)(a) A forensic evaluator shall provide an initial report to the court and the prosecuting and defense attorneys within 30 days of the receipt of the court's order.
(b) (i) If the forensic evaluator is unable to complete the report in the time specified in Subsection (8)(a), the forensic evaluator shall give written notice to the court.
(b)(i) If the forensic evaluator is unable to complete the report in the time specified in Subsection (8)(a), the forensic evaluator shall give written notice to the court.
- 6 - HB0207 compared with HB0207S02 (ii) A forensic evaluator who provides the notice described in Subsection (8)(b)(i) shall receive a 15- day extension, giving the forensic evaluator a total of 45 days after the day on which the forensic evaluator received the court's order to conduct a competency evaluation and file a report.
(ii) A forensic evaluator who provides the notice described in Subsection (8)(b)(i) shall receive a 15-day extension, giving the forensic evaluator a total of 45 days after the day on which the forensic evaluator received the court's order to conduct a competency evaluation and file a report.
(10) (a) Any statement made by the defendant in the course of any competency examination, whether the examination is with or without the consent of the defendant, any testimony by a forensic evaluator based upon the statement, and any other fruits of the statement may not be admitted in evidence against the defendant in any criminal proceeding except on an issue respecting mental condition on which the defendant has introduced evidence, unless the evidence is relevant to a determination of the defendant's competency.
(10)(a) Any statement made by the defendant in the course of any competency examination, whether the examination is with or without the consent of the defendant, any testimony by a forensic evaluator based upon the statement, and any other fruits of the statement may not be admitted in evidence against the defendant in any criminal proceeding except on an issue respecting mental condition on which the defendant has introduced evidence, unless the evidence is relevant to a determination of the defendant's competency.
(b) Before examining the defendant, the forensic evaluator shall specifically advise the defendant of the limits of confidentiality as provided under Subsection (10)(a).
- 6 - Enrolled Copy H.B.
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(11) (a) Upon receipt of the forensic evaluators' reports, the court shall set a date for a competency hearing.
207 (b) Before examining the defendant, the forensic evaluator shall specifically advise the defendant of the limits of confidentiality as provided under Subsection (10)(a).
(11)(a) Upon receipt of the forensic evaluators' reports, the court shall set a date for a competency hearing.
- 7 - HB0207 compared with HB0207S02 (c) The court may call any forensic evaluator to testify at the hearing who is not called by the parties.
(c) The court may call any forensic evaluator to testify at the hearing who is not called by the parties.
(d) (i) If the forensic evaluators are in conflict as to the competency of the defendant, all forensic evaluators should be called to testify at the hearing if reasonably available.
(d)(i) If the forensic evaluators are in conflict as to the competency of the defendant, all forensic evaluators should be called to testify at the hearing if reasonably available.
(12) (a) (i) A defendant shall be presumed competent to stand trial unless the court, by a preponderance of the evidence, finds the defendant incompetent to proceed.
(12)(a)(i) A defendant shall be presumed competent to stand trial unless the court, by a preponderance of the evidence, finds the defendant incompetent to proceed.
(e) the testimony of lay witnesses, if any;
- 7 - H.B.
207 Enrolled Copy (e) the testimony of lay witnesses, if any;
- 8 - HB0207 compared with HB0207S02 (i) include findings addressing each of the factors in Subsection (6)(a);
(i) include findings addressing each of the factors in Subsection (6)(a);
77-15-6.
77-15-6 .
(1) (a) Except as provided in Subsection (5), if after a hearing a court finds a defendant to be incompetent to proceed, the court shall order the defendant committed to the department for restoration treatment.
(1)(a) Except as provided in Subsection (5), if after a hearing a court finds a defendant to be incompetent to proceed, the court shall order the defendant committed to the department for restoration treatment.
(b) (i) Except as provided in Subsection (1)(b)(ii), the court may recommend but may not order placement of a defendant who is found incompetent to proceed.
- 8 - Enrolled Copy H.B.
207 (b)(i) Except as provided in Subsection (1)(b)(ii), the court may recommend but may not order placement of a defendant who is found incompetent to proceed.
- 9 - HB0207 compared with HB0207S02 (d) Restoration treatment shall be of sufficient scope and duration to:
(d) Restoration treatment shall be of sufficient scope and duration to:
(2) (a) A defendant who is receiving restoration treatment shall receive a progress toward competency evaluation, by:
(2)(a) A defendant who is receiving restoration treatment shall receive a progress toward competency evaluation, by:
(v) assess the facility's or program's capacity to provide appropriate restoration treatment for the defendant;
(v) assess the facility's or program's capacity to provide appropriate restoration - 9 - H.B.
207 Enrolled Copy treatment for the defendant;
- 10 - HB0207 compared with HB0207S02 (viii) assess whether the defendant can reasonably be restored to competency in the foreseeable future given the restoration treatment currently being provided and the facility's or program's capacity to provide appropriate restoration treatment for the defendant;
(viii) assess whether the defendant can reasonably be restored to competency in the foreseeable future given the restoration treatment currently being provided and the facility's or program's capacity to provide appropriate restoration treatment for the defendant;
(3) (a) The court on its own motion or upon motion by either party or the department may appoint an additional forensic evaluator to conduct a progress toward competency evaluation.
(3)(a) The court on its own motion or upon motion by either party or the department may appoint an additional forensic evaluator to conduct a progress toward competency evaluation.
(4) (a) Within 15 days after the day on which the court receives the forensic evaluator's report of the progress toward competency evaluation, the court shall hold a hearing to review the defendant's competency.
(4)(a) Within 15 days after the day on which the court receives the forensic evaluator's report of the progress toward competency evaluation, the court shall hold a hearing to review the defendant's competency.
(b) At the hearing, the burden of proving that the defendant is competent to stand trial is on the proponent of competency.
(b) At the hearing, the burden of proving that the defendant is competent to stand trial is - 10 - Enrolled Copy H.B.
- 11 - HB0207 compared with HB0207S02 (c) Following the hearing, the court shall determine by a preponderance of evidence whether the defendant:
207 on the proponent of competency.
(c) Following the hearing, the court shall determine by a preponderance of evidence whether the defendant:
(5) (a) If at any time the court determines that the defendant is competent to stand trial, the court shall:
(5)(a) If at any time the court determines that the defendant is competent to stand trial, the court shall:
(c) (i) If the court determines that the defendant is incompetent to proceed without a substantial probability that the defendant may become competent in the foreseeable future, the court shall order the defendant released from commitment to the department, unless the prosecutor or another individual - 12 - HB0207 compared with HB0207S02 informs the court that civil commitment proceedings pursuant to Title 26B, Chapter 5, Health Care - Substance Use and Mental Health, or Title 26B, Chapter 6, Part 4, Division of Services for People with Disabilities, will be initiated.
(c)(i) If the court determines that the defendant is incompetent to proceed without a substantial probability that the defendant may become competent in the foreseeable future, the court shall order the defendant released from commitment to the department, unless the prosecutor or another individual informs the court that civil commitment proceedings pursuant to Title 26B, Chapter 5, Health Care - - 11 - H.B.
207 Enrolled Copy Substance Use and Mental Health, or Title 26B, Chapter 6, Part 4, Division of Services for People with Disabilities, will be initiated.
(6) (a) At any time following the court's order under Subsection (5)(a)(iii), the defendant, the prosecuting attorney, the department, the treating physician, or the agency, jail, or prison with custody over the defendant, may notify the court of the need to review the medication order under Subsection (5)(a) (iii) for continued appropriateness and feasibility.
(6)(a) At any time following the court's order under Subsection (5)(a)(iii), the defendant, the prosecuting attorney, the department, the treating physician, or the agency, jail, or prison with custody over the defendant, may notify the court of the need to review the medication order under Subsection (5)(a)(iii) for continued appropriateness and feasibility.
(a) the department's best estimate of when the defendant may be restored to competency;
- 12 - Enrolled Copy H.B.
or - 13 - HB0207 compared with HB0207S02 (b) three months after the day on which the court determined under Subsection (5)(b) to extend the defendant's commitment.
207 (a) the department's best estimate of when the defendant may be restored to competency;
or (b) three months after the day on which the court determined under Subsection (5)(b) to extend the defendant's commitment.
(a) (i) order the defendant be released or temporarily detained pending civil commitment proceedings as provided in Subsection (5)(c);
(a)(i) order the defendant be released or temporarily detained pending civil commitment proceedings as provided in Subsection (5)(c);
(11) If the defendant is charged with aggravated murder or murder and the court determines that the defendant is making reasonable progress towards restoration of competency at the time of the nine- month review hearing described in Subsection (9), the court may extend the commitment for a period not to exceed 24 months for the purpose of restoration treatment.
(11) If the defendant is charged with aggravated murder or murder and the court determines - 13 - H.B.
- 14 - HB0207 compared with HB0207S02 (12) If the court extends the defendant's commitment term under Subsection (11), the court shall hold a hearing no less frequently than at 12-month intervals following the extension for the purpose of determining the defendant's competency status.
207 Enrolled Copy that the defendant is making reasonable progress towards restoration of competency at the time of the nine-month review hearing described in Subsection (9), the court may extend the commitment for a period not to exceed 24 months for the purpose of restoration treatment.
(12) If the court extends the defendant's commitment term under Subsection (11), the court shall hold a hearing no less frequently than at 12-month intervals following the extension for the purpose of determining the defendant's competency status.
(a) (i) order the defendant be released or temporarily detained pending civil commitment proceedings as provided in Subsection (5)(c);
(a)(i) order the defendant be released or temporarily detained pending civil commitment proceedings as provided in Subsection (5)(c);
(14) (a) Neither release from a pretrial incompetency commitment under the provisions of this section nor civil commitment requires dismissal of criminal charges.
(14)(a) Neither release from a pretrial incompetency commitment under the provisions of this section nor civil commitment requires dismissal of criminal charges.
(16) (a) The remedy for a violation of the time periods specified in this section, other than those specified in Subsection (5)(c), (8), (10), or (13), shall be a motion to compel the hearing, or mandamus, but not release from detention or dismissal of the criminal charges.
(16)(a) The remedy for a violation of the time periods specified in this section, other than those specified in Subsection (5)(c), (8), (10), or (13), shall be a motion to compel the hearing, or mandamus, but not release from detention or dismissal of the criminal charges.
(18) (a) If, at any time, the defendant becomes competent to stand trial while the defendant is committed to the department, the clinical director of the Utah State Hospital, the department, or the department's designee shall certify that fact to the court.
- 14 - Enrolled Copy H.B.
- 15 - HB0207 compared with HB0207S02 (b) The court shall conduct a competency review hearing:
207 (18)(a) If, at any time, the defendant becomes competent to stand trial while the defendant is committed to the department, the clinical director of the Utah State Hospital, the department, or the department's designee shall certify that fact to the court.
(b) The court shall conduct a competency review hearing:
Section 3 is enacted to read:
Section 77-15-10 is enacted to read:
77-15-10.
77-15-10 .
or (iii) a facility where a covered individual is receiving treatment {as described in Section 77-15-6.5.} and where an administrative hearing regarding the involuntary administration of a psychiatric medication is conducted, including:
or (iii) a facility where a covered individual is receiving treatment and where an administrative hearing regarding the involuntary administration of a psychiatric medication is conducted, including:
(c) "Involuntary medication order" means a court order {for involuntary medication of a defendant } or an administrative order that {a court orders in accordance with Section 77-15-6.5.} :
(c) "Involuntary medication order" means a court order or an administrative order that:
- 16 - HB0207 compared with HB0207S02 (ii) a psychiatrist under Title 58, Chapter 67, Utah Medical Practice Act, or Title 58, Chapter 68, Utah Osteopathic Medical Practice Act;
- 15 - H.B.
207 Enrolled Copy (ii) a psychiatrist under Title 58, Chapter 67, Utah Medical Practice Act, or Title 58, Chapter 68, Utah Osteopathic Medical Practice Act;
(4) (a) A sending facility and receiving facility shall coordinate transfer of a covered individual's medication plan.
(4)(a) A sending facility and receiving facility shall coordinate transfer of a covered individual's medication plan.
(b) If the covered individual's medication is unavailable under the receiving facility's formulary, the medical director of the sending facility, or the medical director's designee, and the medical director - 17 - HB0207 compared with HB0207S02 of the receiving facility, or the medical director's designee, shall agree on a therapeutic equivalent or alternative that prevents interruption of the covered individual's treatment.
(b) If the covered individual's medication is unavailable under the receiving facility's formulary, the medical director of the sending facility, or the medical director's designee, and the medical director of the receiving facility, or the medical director's - 16 - Enrolled Copy H.B.
(c) If the medical director of the receiving facility does not agree to a therapeutic equivalent or alternative described in Subsection (4)(b), the receiving facility may not continue to involuntarily medicate the covered individual unless the receiving facility seeks a new involuntary medication order {under Section 77-15-6.5} .
207 designee, shall agree on a therapeutic equivalent or alternative that prevents interruption of the covered individual's treatment.
(c) If the medical director of the receiving facility does not agree to a therapeutic equivalent or alternative described in Subsection (4)(b), the receiving facility may not continue to involuntarily medicate the covered individual unless the receiving facility seeks a new involuntary medication order.
Effective date.
2-27-26 9:05 AM - 18 -
- 17 -
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Action History

  1. Governor Signed

  2. House/ to Governor

  3. House/ received enrolled bill from Printing

  4. House/ enrolled bill to Printing

  5. Enrolled Bill Returned to House or Senate

  6. Draft of Enrolled Bill Prepared

  7. Bill Received from House for Enrolling

  8. House/ signed by Speaker/ sent for enrolling

  9. House/ received from Senate

  10. Senate/ to House

  11. Senate/ signed by President/ returned to House

  12. Senate/ received from House

  13. House/ to Senate

  14. House/ concurs with Senate amendment

  15. House/ placed on Concurrence Calendar

  16. House/ received from Senate

  17. Senate/ to House with amendments

  18. Senate/ passed 2nd & 3rd readings/ suspension

  19. Senate/ 2nd & 3rd readings/ suspension

  20. Senate/ Rules to 2nd Reading Calendar

  21. Senate/ 2nd Reading Calendar to Rules [Senate Rules Committee]

  22. Senate/ placed on 2nd Reading Calendar

  23. Senate/ comm rpt/ substituted [Senate Judiciary, Law Enforcement, and Criminal Justice Committee]

  24. LFA/ fiscal note publicly available for HB0207S02

  25. LFA/ fiscal note sent to sponsor for HB0207S02

  26. Senate Comm - Favorable Recommendation [Senate Judiciary, Law Enforcement, and Criminal Justice Committee]

  27. Senate Comm - Substitute Recommendation [Senate Judiciary, Law Enforcement, and Criminal Justice Committee]

  28. LFA/ bill sent to agencies for fiscal input for HB0207S02

  29. LFA/ bill assigned to staff for fiscal analysis for HB0207S02

  30. Senate/ to standing committee [Senate Judiciary, Law Enforcement, and Criminal Justice Committee]

  31. Senate/ 1st reading (Introduced)

  32. Senate/ received from House

  33. House/ to Senate

  34. House/ passed 3rd reading

  35. House/ 3rd reading

  36. House/ 2nd reading

  37. House/ comm rpt/ substituted [House Judiciary Committee]

  38. House Comm - Favorable Recommendation [House Judiciary Committee]

  39. House Comm - Substitute Recommendation [House Judiciary Committee]

  40. LFA/ fiscal note publicly available for HB0207S01

  41. LFA/ fiscal note sent to sponsor for HB0207S01

  42. LFA/ bill sent to agencies for fiscal input for HB0207S01

  43. LFA/ bill assigned to staff for fiscal analysis for HB0207S01

  44. House/ to standing committee [House Judiciary Committee]

  45. House/ 1st reading (Introduced)

  46. House/ received fiscal note from Fiscal Analyst

  47. LFA/ fiscal note publicly available for HB0207

  48. LFA/ fiscal note sent to sponsor for HB0207

  49. House/ received bill from Legislative Research

  50. LFA/ bill sent to agencies for fiscal input for HB0207

  51. LFA/ bill assigned to staff for fiscal analysis for HB0207

  52. Numbered Bill Publicly Distributed

  53. Bill Numbered but not Distributed

Sponsors

Sponsorship breakdown

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1 sponsors · 1 co-sponsors · 102 not signed on

Sponsors (1)

Co-sponsors (1)

Not signed on (102)

102 members have not signed on to this bill.

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"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.

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Frequently asked questions

Who sponsors HB 207?
HB 207 is sponsored by Todd Weiler (Republican) and Nelson T. Abbott (Republican).
What is the current status of HB 207?
This bill has been enacted into law. Introduced January 09, 2026. Enacted.
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