S0341.02I

SB 54 - This act prevents the possibility, under current law, of an individual avoiding prosecution if he is found incompetent to stand trial but is later found competent to manage his own affairs.

Criminal charges against an individual lacking mental fitness to be tried shall not be dismissed until guardianship or civil commitment proceedings have been filed under Chapter 475 or 632, RSMo, and the court finds that the individual should be appointed a guardian or committed. Under current law, charges are dismissed against such individual unless guardianship or civil commitment proceedings have been filed. Any charges dismissed shall be dismissed without prejudice and may be refiled.

The statute of limitations for bringing a criminal action against an individual lacking mental fitness to be tried shall be tolled during the period of the individual's incapacity.

JAMES KLAHR