All Roll Calls
Yes: 183 • No: 1
UtahH.B. 2072026 General SessionHouseWALLET
Competency Amendments
Sponsored By: Nelson T. Abbott (Republican)
Signed by Governor
Health and Human ServicesHealth CareHealth Care FacilitiesMental HealthHealth Care ProfessionalsCourtsCriminal ProcedureInsanity Defense/CompetencyJudicial OperationsLaw Enforcement and Criminal JusticeDepartment of Health and Human ServicesUtah State HospitalCorrectional Facilities
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Bill Overview
Analyzed Economic Effects
3 provisions identified: 0 benefits, 0 costs, 3 mixed.
Clear timelines for restoration and release
Beginning May 6, 2026, if the court finds a defendant incompetent, the court commits the person to the department for restoration. The department chooses the program; confinement is limited to what is reasonably needed and never longer than the maximum sentence for the top charge. A department evaluator files a progress report within 90 days, and the court holds a review hearing within 15 days. At that hearing, the side claiming competence must prove it. Outcomes include competence, competence that needs ongoing antipsychotic medication (with 48‑hour reporting of noncompliance), likely restoration, or no substantial probability of restoration. If restoration is unlikely, a civil commitment petition must start within seven days or the person is released; notice and 30‑day delays apply if charges are refiled. Serious charges can get longer commitments: review at nine months, up to 24 more months for aggravated murder or murder, and up to 12 more months if an evaluator later finds a substantial chance of restoration. Missing timelines usually leads to court orders to proceed, not dismissal or automatic release. When clinicians certify competence, the court holds a hearing within 15 working days (30 for good cause). Courts and prosecutors must send the department the required orders and case records.
New rules for defendant competency exams
Beginning May 6, 2026, courts pause criminal cases when competency is raised. Judges order exams only when there is a bona fide doubt, and the side claiming incompetency must prove it. Courts first review petitions and hold only a limited hearing unless a party objects. Orders and exams are limited to competency questions, and exam statements are mostly confidential. Evaluators must meet strict report rules, file in 30 days (with a 15‑day automatic extension), and the court sets a hearing 5–15 days later. Parties may hire extra evaluators, but they must pay those costs. The department provides initial and progress exams only for defendants in Utah, and at least one evaluator must have intellectual‑disability expertise when that is at issue. Courts protect mental‑health records and set a 180‑day destruction timeline after a guilty finding, plea, sentencing, or final appeal. Defendants usually stay in the same custody during exams, though the department can request a clinical transfer. A court cannot find incompetency based only on an unrelated release older than one year. Courts also alert the criminal court if a petition is filed elsewhere.
Medication orders follow patients between facilities
Beginning May 6, 2026, an involuntary medication order stays in effect when a patient moves between covered facilities. Before continuing medication, the receiving facility must review records, examine the patient face‑to‑face, and check if voluntary treatment is possible. A clinician must sign that the person still has a mental illness, faces likely serious harm without meds, and that involuntary meds are appropriate and least restrictive. Facilities must coordinate the plan; if the drug is not on the new formulary, medical directors must agree on an equivalent. If they do not agree, the receiving facility cannot continue involuntary medication without a new order. Transfers do not change the patient’s rights or the order’s original expiration date.
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Sponsors & Cosponsors
Sponsor
Nelson T. Abbott
Republican • House
Cosponsors
Todd Weiler
Republican • Senate
Roll Call Votes
House vote • 3/5/2026
House/ concurs with Senate amendment
Yes: 67 • No: 1
Senate vote • 3/5/2026
Senate/ passed 2nd & 3rd readings/ suspension
Yes: 23 • No: 0
House vote • 2/27/2026
Senate Comm - Favorable Recommendation
Yes: 4 • No: 0
House vote • 2/27/2026
Senate Comm - Substitute Recommendation
Yes: 4 • No: 0
House vote • 2/17/2026
House/ passed 3rd reading
Yes: 70 • No: 0
House vote • 2/5/2026
House Comm - Favorable Recommendation
Yes: 8 • No: 0
House vote • 2/5/2026
House Comm - Substitute Recommendation
Yes: 7 • No: 0
Actions Timeline
Governor Signed
3/17/2026House/ to Governor
3/12/2026HouseHouse/ received enrolled bill from Printing
3/12/2026HouseHouse/ enrolled bill to Printing
3/11/2026HouseEnrolled Bill Returned to House or Senate
3/11/2026Draft of Enrolled Bill Prepared
3/10/2026Bill Received from House for Enrolling
3/10/2026House/ signed by Speaker/ sent for enrolling
3/6/2026HouseHouse/ received from Senate
3/6/2026HouseSenate/ to House
3/6/2026SenateSenate/ signed by President/ returned to House
3/6/2026SenateSenate/ received from House
3/6/2026SenateHouse/ to Senate
3/5/2026HouseHouse/ concurs with Senate amendment
3/5/2026HouseHouse/ placed on Concurrence Calendar
3/5/2026HouseHouse/ received from Senate
3/5/2026HouseSenate/ to House with amendments
3/5/2026SenateSenate/ passed 2nd & 3rd readings/ suspension
3/5/2026SenateSenate/ 2nd & 3rd readings/ suspension
3/5/2026SenateSenate/ Rules to 2nd Reading Calendar
3/5/2026SenateSenate/ 2nd Reading Calendar to Rules
3/4/2026SenateSenate/ placed on 2nd Reading Calendar
3/2/2026SenateSenate/ comm rpt/ substituted
3/2/2026SenateSenate Comm - Favorable Recommendation
2/27/2026Senate Comm - Substitute Recommendation
2/27/2026
Bill Text
Enrolled
3/11/2026
Substitute #2
2/27/2026
Substitute #1
2/4/2026
Introduced
1/9/2026
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