HB 1636 - Currently, municipalities that make an election to have violations of their ordinance heard by an associate circuit court or county municipal court must have all violations of their ordinances heard by such a court. This amendment allows municipalities to elect to have only violations by an accused with special needs due to mental illness or mental disorder heard by such courts. If the election is for an associate circuit court to handle such mattes, the presiding judge of the circuit must consent to the election. If the election is for a county municipal court to handle such matters, a county contract must permit the election. The prosecutor must make a designation of special needs on the information. The matter will be transferred back to the municipal court if the associate circuit court or county municipal court does not have established resources for handling such matters or the court determines the accused does not have special needs.
This act is similar to provisions contained in HCS/HB 1256 (2012), HCS/SB 628 (2012) and HCS/SB 636 (2012).
MIKE HAMMANN