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H 405

An act relating to competency to stand trial

2025-2026 Regular Session Introduced by Martin LaLonde

If a defendant remains incompetent and the offense’s statute of limitations expires, charges are dismissed, but prosecution possible later if competency is regained.

Read first time and referred to the Committee on Judiciary
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Bill Summary · H 405

Summary of Bill H.405 (Session 2025-2026) — Vermont

Purpose and intent

  • The bill aims to modify how competency to stand trial affects case outcomes. Specifically, it provides that if a defendant has been found incompetent to stand trial and has not regained competency before the offense’s statute of limitations expires, charges shall be dismissed. The dismissal does not bar later prosecution if the defendant becomes competent and is able to stand trial for the offense in the future.

Key provisions and changes

  • Amendment to 13 V.S.A. § 4817 (Competency to Stand Trial; Determination; Dismissal)

    • Current framework (as amended by H.405):
    • A defendant cannot be tried if found incompetent to stand trial by a preponderance of the evidence.
    • A defendant who has been found incompetent may be tried later if the court determines they have become competent.
    • New elements added by the bill:
    • If a person is found incompetent and the charges are not resolved before the statute of limitations for the offense expires, the charges must be dismissed.
    • Dismissal under this subsection does not preclude recharging or trying the person for the offense later if/when the person becomes competent (i.e., reinstates the possibility to try after regaining competency, under subsection (d)).

  • New § 13 V.S.A. § 4509 (Effect of Finding of Incompetency to Stand Trial)

    • Establishes how the applicable limitations period (statute of limitations) is handled once incompetency is found:
    • The limitations period resumes running once incompetency is found (i.e., tolling resumes).
    • If later the person is found competent, the limitations period is tolled again as of the date of that competence finding, effectively pausing the clock during competency gaps.

  • Effective Date

    • The act would take effect upon passage.

Who/what would be affected

  • Defendants found incompetent to stand trial on offenses within Vermont's criminal system.
  • Timing of prosecutions: The statute of limitations for offenses could expire while a defendant remains incompetent; under H.405, this could lead to dismissal of charges.
  • Judicial handling of competency and timing: Courts would manage the sequencing of competency restoration, potential re-trials, and the tolling/reauthorization of the statute of limitations when competence status changes.

Procedural and timeline considerations

  • Initial finding of incompetency (§4817): If incompetency is found, the clock on the statute of limitations may run differently depending on subsequent events.
  • Dismissal triggers (new §4817(d)(e)): If the statute of limitations expires before regaining competency, charges must be dismissed, though reinstatement of competency would still permit future prosecution for the offense under existing procedures (subsection (d)).
  • Limitations period management (new §4509):
    • Tolling behavior: Limitations clock stops while a person is incompetent; resumes if incompetency is found.
    • If competence is later restored, tolling resumes from the date of that finding, potentially delaying or restarting prosecution timelines.

Practical impact and considerations

  • The bill introduces a firm deadline tied to the expiration of the statute of limitations for charges where a defendant remains incompetent, promoting resolution timelines and reducing indefinite delays due to mental health status.
  • It preserves the possibility of prosecuting an individual if and when competency is restored, ensuring that dignity of due process is balanced with timely case resolution.
  • The changes may affect defense strategy around competency restoration, possible use of speedy-trial or scheduling motions, and ADA/mental health-related planning for case management.

Note: This summary reflects the bill as introduced and does not account for any amendments that may be adopted during the legislative process.

Compiled from official sources — confirm details with the bill’s official record.

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