UtahH.B. 2072026 General SessionHouse

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.

Forced medication continues with transfer safeguards

Beginning May 6, 2026, orders allowing psychiatric medication without consent stay valid when people move between facilities within Utah. This includes jails, hospitals, and correctional facilities. Before continuing medication, a qualified medical professional employed by the receiving facility must review the records and order. The professional must assess the person face to face and consider a switch to voluntary treatment. A signed medical-record statement must confirm that mental illness creates a likelihood of serious harm if treatment stops. It must also confirm that medication is medically appropriate, in the person’s best interests, and the least restrictive treatment needed for safety. Both facilities must coordinate the medication plan. If the prescribed drug is not on the receiving facility’s medication list, both medical directors or their designees must agree on an equivalent or alternative. Without the receiving medical director’s agreement, involuntary medication cannot continue unless a new order is obtained. The transfer rules preserve the person’s existing rights and do not extend the order’s original expiration date.

Fewer requirements for defendants’ progress evaluations

Beginning May 6, 2026, evaluations of defendants’ progress toward competency are exempt from Section 77-15-5 requirements. This includes the timing and prior-release limits used for other competency decisions. When a progress report finds a defendant competent to proceed, a treating physician’s statement about antipsychotic medication is optional. The report can include that statement when clinically appropriate, but the listed medication information is no longer required.

New evaluation options for Utah defendants

Beginning May 6, 2026, Utah courts must order two competency evaluations in the same order. After all ordered reports arrive, courts can request another or updated evaluation from the Department of Health and Human Services. A party can ask, or the court can act on its own. The court must find good cause based on changed circumstances or previously unconsidered information that could materially affect its decision. The Department can limit the evaluation to that change or information. Defendants can also be moved temporarily to a clinical or inpatient setting when clinically appropriate and recommended and requested by the Department. The Department must notify the court and parties. Courts cannot find a defendant incompetent based only on an unrelated release order issued more than one year before the petition. Courts can issue reasonable orders to enforce this limit, but violations do not require dismissal of charges.

Sponsors & Cosponsors

Sponsor

  • Nelson T. Abbott

    Republican • House

Cosponsors

  • Todd Weiler

    Republican • Senate

Roll Call Votes

All Roll Calls

Yes: 183 • No: 1

Senate vote • 3/5/2026

Senate/ passed 2nd & 3rd readings/ suspension

Yes: 23 • No: 0

House vote • 3/5/2026

House/ concurs with Senate amendment

Yes: 67 • No: 1

Senate vote • 2/27/2026

Senate Comm - Substitute Recommendation

Yes: 4 • No: 0

Senate vote • 2/27/2026

Senate Comm - Favorable 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

  1. Governor Signed

    3/17/2026
  2. House/ to Governor

    3/12/2026House
  3. House/ received enrolled bill from Printing

    3/12/2026House
  4. House/ enrolled bill to Printing

    3/11/2026House
  5. Enrolled Bill Returned to House or Senate

    3/11/2026
  6. Draft of Enrolled Bill Prepared

    3/10/2026
  7. Bill Received from House for Enrolling

    3/10/2026
  8. House/ signed by Speaker/ sent for enrolling

    3/6/2026House
  9. House/ received from Senate

    3/6/2026House
  10. Senate/ to House

    3/6/2026Senate
  11. Senate/ signed by President/ returned to House

    3/6/2026Senate
  12. Senate/ received from House

    3/6/2026Senate
  13. House/ to Senate

    3/5/2026House
  14. House/ concurs with Senate amendment

    3/5/2026House
  15. House/ placed on Concurrence Calendar

    3/5/2026House
  16. House/ received from Senate

    3/5/2026House
  17. Senate/ to House with amendments

    3/5/2026Senate
  18. Senate/ passed 2nd & 3rd readings/ suspension

    3/5/2026Senate
  19. Senate/ 2nd & 3rd readings/ suspension

    3/5/2026Senate
  20. Senate/ Rules to 2nd Reading Calendar

    3/5/2026Senate
  21. Senate/ 2nd Reading Calendar to Rules

    3/4/2026Senate
  22. Senate/ placed on 2nd Reading Calendar

    3/2/2026Senate
  23. Senate/ comm rpt/ substituted

    3/2/2026Senate
  24. Senate Comm - Favorable Recommendation

    2/27/2026
  25. Senate 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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