House Bill 8 (HB 8) relates to criminal competency; HB 8 expands the list of crimes for which a defendant may be criminally committed due to incompetence to stand trial; provides for community-based competency restoration for non-dangerous defendants; provides that competency evaluations must contain additional professional opinions; adds that when a criminal case is dismissed, the court must advise a prosecutor to consider initiating proceedings for involuntary commitment or assisted outpatient treatment; and allows a prosecutor or attorney general to file a petition for assisted outpatient treatment.   

 House Bill 8 (HB 8) makes the following changes regarding criminal competency:
First, HB 8 adds what must be included in a competency evaluation.  The report must include the evaluator’s opinion as to whether the defendant is competent to stand trial.  If the defendant is not competent, the evaluator must state whether the defendant satisfies the criteria for an involuntary commitment under the Mental Health and Developmental Disabilities Code or the Assisted Outpatient Treatment Act.  
Second, HB 8 expands the list of crimes for which a defendant may be committed.  A commitment depends on whether the defendant is considered “dangerous”.  The bill provides that an incompetent defendant is “dangerous” if the court finds that the defendant presents a serious threat of: first or second degree murder, great bodily harm to another, criminal sexual penetration, criminal sexual contact of a minor, child abuse, sexual exploitation of a minor, human trafficking, a felony involving the use of a firearm, or aggravated arson. 
Currently, “dangerous” means that if released, the defendant presents a serious threat of inflicting great bodily harm on another or committing criminal sexual penetration or criminal sexual contact of a minor.   
If a defendant is determined to be not dangerous, HB 8 allows a court to order the defendant to participate in a community-based competency restoration program. A community-based competency restoration program can last up to 90 days and is an outpatient program in the community where the defendant lives.  No later than 90 days from the date ordered this program, a review hearing must be held to determine if the defendant has been restored to competency.  Currently, the court may only dismiss the case and advise the district attorney to consider an involuntary commitment.  If the case is dismissed, the bill allows the court to recommend to the district attorney to consider assisted outpatient treatment.  
If a defendant is determined to be dangerous, the bill follows with current law which is for the Department of Health (DOH) to detain the defendant in a locked, secured facility.  The bill adds a requirement that the DOH must admit the defendant for competency restoration within 30 days of receiving the commitment order.  The treatment supervisor must submit a written progress report including the findings regarding the defendant’s progress towards competency restoration, an opinion as to whether the defendant has been restored to competency or whether there is a probability the defendant will be restored to competency within nine months, and an opinion as to whether the defendant remains dangerous.  The bill removes the requirement that the DOH report indicates whether the defendant satisfies the criteria for an involuntary commitment. 
If a defendant is charged with certain offenses and the court determines that there is not a substantial probability that the defendant will be restored to competency within nine (9) months, the court may hold a criminal commitment hearing. HB 8 adds the following four offenses to the list: first or second-degree murder, child abuse, sexual exploitation of a minor, and human trafficking. Currently, the offenses are felonies that involve the infliction of great bodily harm, the use of a firearm, aggravated arson, criminal sexual penetration or criminal sexual contact of a minor.  The bill provides that at any time, including after a court dismisses a case against a defendant, the DOH or the district attorney may initiate civil involuntary commitment proceedings or proceedings following the Assisted Outpatient Treatment Act.  The bill allows a district attorney of DOH to use any court-ordered competency report to initiate a civil commitment or assisted outpatient treatment. 
HB 8 also amends the law regarding a defendant who is not competent due to a developmental or intellectual disability. Currently, such a defendant can be involuntarily committed only if charged with first degree murder, first degree criminal sexual penetration, criminal sexual contact of a minor, or arson.  HB 8 adds the following offenses to the list: second-degree murder, a felony involving infliction of great bodily harm on another, child abuse, sexual exploitation of a minor, human trafficking, or a felony involving the use of a firearm.  
Lastly, the bill allows the district attorney or attorney general to petition for an order authorizing assisted outpatient treatment.  Currently, such a petition can only be filed by an adult who lives with the respondent, the respondent’s parent, spouse or adult sibling, the director of a hospital or agency where the respondent resides, or another qualified professional who has treated the respondent.    

 HB 8 is substantially similar to HB 4/a except that HB 8 adds first and second degree murder to the charges which can trigger a competency evaluation.  Also, HB 8 clarifies that the DOH must admit a defendant for competency restoration at its inpatient facility. HB 8 also removes the requirement in HB 4/a that the DOH inform the court on whether a defendant satisfies the criteria for involuntary commitment or AOT. 

Currently, “dangerous” means that if released, the defendant presents a serious threat of inflicting great bodily harm on another or committing criminal sexual penetration or criminal sexual contact of a minor.   If a defendant is not dangerous, a court may dismiss the case and advise the district attorney to consider an involuntary commitment.  There is no option for a community-based competency restoration program. 
A criminal commitment hearing takes place only if the defendant was charged with the following crimes: felonies that involve the infliction of great bodily harm, the use of a firearm, aggravated arson, criminal sexual penetration or criminal sexual contact of a minor. 
A defendant who is not competent due to a developmental or intellectual disability can be involuntarily committed only if charged with first degree murder, first degree criminal sexual penetration, criminal sexual contact of a minor, or arson.   
A district attorney or attorney general currently does not have the authority to petition for an order authorizing assisted outpatient treatment. 

 On February 21, 2025, Senate Floor Amendment 1 removed SJC amendment 12 (which amended the definition of “fully automatic weapon” to mean a weapon that can fire each cartridge or shell by a single function of the trigger).  Instead, the definition of “fully automatic weapon” is a weapon that can fire more than one cartridge or shell by a single function of the trigger. 
On February 21, 2025, Senate Floor Amendment 2 removed SJC amendment 6 (which required the DOH to admit a defendant for competency restoration within 7 days of receiving the court’s order instead of 30 days).  Instead, DOH must admit the defendant within fifteen days of receipt of the court’s order. 

On February 19, 2025, the Senate Judiciary Committee amended HJC CS/HB 8 as follows:
•	Removes the provision that if competency is raised in metropolitan court and the court determines that the defendant is not competent to stand trial, the case is transferred to district court.  Instead, all cases of competency are transferred to district court. 
•	Provides that a competency hearing for a defendant who is not incarcerated must be held within 90 days, instead of “within a reasonable time”.
•	Required the DOH to admit a defendant for a competency evaluation within seven days, instead of 30. 
•	Requires that the certification that DOH refuses to admit a defendant be made within seven days, instead of 14 days. 
•	Allows any party, not just the defense, to motion the court for a hearing to determine whether a defendant is incompetent due to a developmental or intellectual disability. 
•	Allows any party or the court, not just the defense, to motion for a mental examination of a defendant.  
•	Removes the provision that each weapon conversion device constituted a separate offense of unlawful possession of a weapon conversion device. 
•	Amends the definition of “fully automatic weapon” to mean a weapon that can fire each cartridge or shell by a single function of the trigger. 
•	Clarifies how to determine the sentence for possession of fentanyl. 
•	Removes the provision that if a person refuses to submit to a chemical test and the person does not cause great bodily injury or there is probable cause that the person committed a misdemeanor while under the influence of alcohol or a drug, the persons’ charge may be aggravated. 
 

 House Judiciary Committee Substitute for HB 8 (HJC CS/HB 8) is identical to the original bill regarding competency procedures, except in one regard.  It amends the crimes that trigger a competency hearing by replacing “felony involving the use of a firearm” with any “serious violent offense” that uses a firearm.  
HJC CS/HB 8 then adds numerous sections that increase criminal penalties or enact new crimes: 
•	Enacts the new crime of “unlawful possession of a weapon conversion device”, a third degree felony.  A weapon conversion device is a device designed to convert a semiautomatic weapon into a fully automatic weapon. 
•	Allows for combining charges to determine the penalty for unlawful taking of a motor vehicle, embezzlement of a motor vehicle, fraudulently obtaining a vehicle, or receiving or transferring stolen vehicles.  The penalty, however, remains the same (fourth degree felony for a first offense, a third degree felony for a second offense, and a second degree felony for a third or subsequent offense). 
•	Amends the crime of making a bomb scare by clarifying that the crime consists of intentionally (instead of falsely) making a bomb threat.  It also amends the crime of making a shooting threat by requiring the person to have a malicious intent and make a serious expression of intent to use a firearm.  The bill also requires the shooting threat to have an actual effect on people or places -- it is not enough to prove that the defendant had the mere intent to affect people or places.  The penalty for making a shooting threat increases from a misdemeanor to a fourth degree felony.  
•	Enacts the new sentencing enhancement for trafficking certain amounts of fentanyl.  The basic sentence for fentanyl increases by: (a) three years for possessing 100-500 pills (or 10-50 grams); (b) five years for possessing more than 500 pills (or more than 50 grams); (c) five years if the person recruited another to traffic fentanyl.  
•	Amends the driving while intoxicated and Boating While Intoxicated Acts.  It allows an emergency medical technician or certified phlebotomist to withdraw blood for a chemical blood test in a DWI investigation.  It replaces references to “blood alcohol test” and “drug test” with “chemical blood test”.  It also allows for a chemical test to be conducted on a person who has committed a misdemeanor DWI.  Currently, such a test can only be conducted on a person who has committed a felony DWI. 
•	Creates an aggravated DWI for a person who refuses to submit to a chemical test when there is no great bodily injury but probable cause that the person committed a misdemeanor DWI.