All Roll Calls
Yes: 316 • No: 8
KansasSB 3742025–2026 Regular SessionSenate
Permitting a municipal judge to initiate a psychiatric or psychological examination to determine competence, setting forth relevant procedures and requiring further consideration of evaluation and treatment during the course of competency proceedings for defendants charged with the most serious offenses.
Sponsored By: Sponsor information unavailable
Signed by Governor
corrections and juvenile justicejudiciary
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Bill Overview
Analyzed Economic Effects
5 provisions identified: 2 benefits, 0 costs, 3 mixed.
New municipal court competency process
Beginning July 1, 2026, a municipal judge can order a mental health exam after a hearing any time after service of the complaint and before sentencing. The speedy‑trial clock pauses during this process. Exams must finish in 60 days, the city pays for them, and what the defendant says in the exam cannot be used against them. If the examiner finds the person competent, the case resumes. If the court finds the person incompetent, charges are dismissed without prejudice and the city attorney may start treatment or commitment steps in district court, or ask the district attorney to review the case. Charges may be refiled if the person later regains competency, and a new competency hearing is required. The law defines who is “incompetent to stand trial” and who counts as a treatment provider, and district courts may rely on a completed municipal exam to avoid repeating it.
Outpatient restoration deadlines and next steps
Beginning July 1, 2026, when outpatient treatment starts, the treating facility must notify the local prosecutor for victim notice. Within 90 days, the chief medical officer must tell the court if there is a substantial chance the person can become competent. The court must hold a hearing within 21 days of that certification. If restoration is likely, the court may keep the person in custody or an appropriate setting until competency is reached or for up to six months from treatment start. If restoration is not likely, or six months pass without restoration, the prosecutor must begin civil commitment within 21 days. Petitions must include the court order, the initial exam, and reports; the report must state reasons for admission, current mental status, medications, risks, and diagnoses. A person found incompetent is treated as unable to make informed treatment decisions until the chief medical officer restores competency.
Stronger rules on competency medication and treatment
Beginning July 1, 2026, treatment happens in clinical settings; jails cannot be used unless the jail head agrees. For felony charges, inpatient care at a state hospital is the default; outpatient care is allowed only if hospital screening says it is appropriate. Psychotropic drugs that could impair judgment must be stopped for two days before and during hearings unless needed to preserve life or prevent serious harm. No experimental drugs may be used without the defendant’s consent. If a felony defendant on treatment is not currently dangerous and objects to medication, the medical director must certify within 30 days whether medication is likely to restore competency, and the court holds a hearing within 30 days. The prosecutor must prove by clear and convincing evidence that forced medication is necessary and appropriate before the court can order it. Other competency steps pause until the court decides this issue.
Remote and flexible competency evaluations
Beginning July 1, 2026, courts can order exams and outpatient services in person or by secure video. These can occur in jail, at any secure location, while on pretrial release, or in other suitable settings. This speeds access to care and avoids unnecessary transfers.
Time and cost limits for exam stays
Beginning July 1, 2026, if the court commits someone for a competency exam, the stay cannot exceed 60 days from admission or until the exam is finished, whichever is sooner. Before the 60 days end, a court‑approved professional must certify to the court whether the person is competent. Once competence is reported, the person must be returned within seven days of notice. If the return takes longer than seven days, the county where the criminal case is pending must pay the daily maintenance cost for the extra days.
Sponsors & Cosponsors
Sponsors
There is no primary sponsor on record.
Cosponsors
There are no cosponsors for this bill.
Roll Call Votes
Senate vote • 4/23/2026
Yea: 39 Nay: 0
Yes: 39 • No: 0
Senate vote • 4/23/2026
Yea: 40 Nay: 0
Yes: 40 • No: 0
Senate vote • 4/23/2026
Yea: 116 Nay: 8
Yes: 116 • No: 8
Senate vote • 4/23/2026
Yea: 121 Nay: 0
Yes: 121 • No: 0
Actions Timeline
Enrolled and presented to Governor on Friday, April 3, 2026
4/9/2026SenateApproved by Governor on Thursday, April 9, 2026
4/9/2026SenateConference Committee Report was adopted; Yea: 39 Nay: 0
3/27/2026SenateConference committee report now available
3/26/2026HouseConference Committee Report was adopted; Yea: 121 Nay: 0
3/26/2026HouseNonconcurred with amendments; Conference Committee requested; appointed Senator Warren , Senator Titus and Senator Corson as conferees
3/23/2026SenateMotion to accede adopted; Representative Lewis, Representative Barrett and Representative Schlingensiepen appointed as conferees
3/23/2026HouseCommittee of the Whole - Committee Report be adopted
3/18/2026HouseCommittee of the Whole - Be passed as amended
3/18/2026HouseEmergency Final Action - Passed as amended; Yea: 116 Nay: 8
3/18/2026HouseCommittee Report recommending bill be passed as amended by Committee on Corrections and Juvenile Justice
3/17/2026HouseHearing: Wednesday, March 11, 2026, 1:30 PM Room 546-S
3/11/2026HouseReceived and Introduced
2/25/2026HouseReferred to Committee on Corrections and Juvenile Justice
2/25/2026HouseCommittee of the Whole - Committee Report be adopted
2/18/2026SenateCommittee of the Whole - Be passed as amended
2/18/2026SenateEmergency Final Action - Passed as amended; Yea: 40 Nay: 0
2/18/2026SenateCommittee Report recommending bill be passed as amended by Committee on Judiciary
2/16/2026SenateHearing: Wednesday, February 4, 2026, 10:30 AM Room 346-S
2/4/2026SenateReferred to Committee on Judiciary
1/23/2026SenateIntroduced
1/22/2026Senate
Bill Text
As Amended by House Committee
As Amended by Senate Committee
As introduced
Enrolled
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