Introduced Version
House Bill 2169 History
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Key: Green = existing Code. Red = new code to be enacted
H. B. 2169
(By Delegate Kominar)
[Introduced February 10, 2005; referred to the
Committee on the Judiciary.]
A BILL to repeal §27-6A-9 of the Code of West Virginia, 1931, as
amended; to amend and reenact §27-6A-1, §27-6A-2, §27-6A-3,
§27-6A-4 and §27-6A-5; and to amend said code by adding
thereto three new sections, designated §27-6A-10, §27-6A-11
and §27-6A-12, all relating to repealing the development of
conditional release plans; amending provisions for the
determination of competency of defendant to stand trial and of
criminal responsibility; examination; commitment; hearing on
competency to stand trial; findings; court jurisdiction over
persons found not guilty by reason of mental illness, mental
retardation or addiction; release from jurisdiction of the
court; discharge; periodic review of person found incompetent
to stand trial; and adding provisions for forensic evaluations
and evaluators; payment to forensic evaluators; uniform
forensic court orders; and promulgation of rules.
Be it enacted by the Legislature of West Virginia:
That §27-6A-9 of the Code of West Virginia, 1931, as amended,
be repealed; that §27-6A-1, §27-6A-2, §27-6A-3, §27-6A-4 and
§27-6A-5 of said code be amended and reenacted; and that said code
be amended by adding thereto three new sections, designated
§27-6A-10, §27-6A-11 and §27-6A-12, all to read as follows:
ARTICLE 6A. COMMITMENT OF PERSONS CHARGED OR CONVICTED OF A
CRIME.
§27-6A-1. Determination of competency of defendant to stand trial
and of criminal responsibility; examination;
commitment.
(a) Whenever a court of record, or in the instance of a
defendant charged with public intoxication a magistrate or other
judicial officer, believes that a defendant in a felony case or a
defendant in a misdemeanor case in which an indictment has been
returned, or a warrant or summons issued, may be incompetent to
stand trial or is not criminally responsible by reason of mental
illness or mental retardation, or addiction it may at any stage of
the proceedings after the return of an indictment or the issuance
of a warrant or summons against the defendant, order an examination
a forensic evaluation of such defendant to be conducted by one or
more psychiatrists, or a psychiatrist and a psychologist, all of
whom shall be forensic evaluators qualified in accordance with
section ten of this article, or in the instance of an individual charged with public intoxication, an alcoholism counselor:
Provided, That the forensic evaluation shall not be conducted at an
inpatient mental health facility: Provided, however, That if a
court of record or other judicial officer orders both a competency
and criminal responsibility evaluation, the competency evaluation
shall be performed first, and if the forensic evaluator determines
that a defendant is incompetent to stand trial, no criminal
responsibility evaluation should be completed without further order
of the court: Provided further, That with the exception of
subsections (a) and (g) (f) of this section, no other subsection in
this section nor any other provision of this article shall apply to
individuals charged with public intoxication pursuant to section
nine, article six, chapter sixty of this code: And provided
further, That a defendant shall not be determined to be incompetent
to stand trial on the basis of addiction only.
(b) After the examination described in subsection (a) of this
section, the court of record may order that the person be admitted
to a mental health facility designated by the director of health
for a period not to exceed twenty days for observation and further
examination if the court has reason to believe that such further
observation and examination are necessary in order to determine
whether mental illness, mental retardation or addiction have so
affected a person that he is not competent to stand trial or not
criminally responsible for the crime or crimes with which he has been charged. When the court determines that there are conflicting
opinions of forensic evaluators, or the defendant has been
uncooperative during the forensic evaluation ordered pursuant to
subsection (a) of this section or there has been an inadequate
forensic evaluation performed pursuant to subsection (a) of this
section, and the court has reason to believe that an additional
forensic evaluation and observation are necessary in order to
determine if a person is competent to stand trial or if a person is
not criminally responsible for his or her acts, the court may order
the defendant be admitted to a mental health facility designated by
the department for a period not to exceed twenty days and evaluated
by a forensic evaluator or evaluators designated by the department.
If, before the expiration of such twenty-day period, the examining
physician a forensic evaluator believes that observation for more
than twenty days is necessary, he or she shall make a written
request to the court of record for an extension of the twenty-day
period. specifying The request shall specify the reason or reasons
for which such further observation is necessary. Upon the receipt
of such request, the court of record may by order extend said the
observation period, but in no event shall the period exceed forty
days from the date of the initial court order of observation. At
the conclusion of the observation period, the court shall enter a
disposition order, and the sheriff of the county where the
defendant was charged shall immediately take custody of the defendant for transportation as ordered by the court. The court
may order the continuation of a treatment plan provided by the
mental health facility, including medication.
(c) At the conclusion of each examination or observation
period provided for herein, the examining psychiatrists, or
psychiatrist and psychologist, shall forthwith give to the court of
record a written signed report of their findings on the issue of
competence to stand trial or criminal responsibility. Such report
shall contain an opinion, supported by clinical findings, as to
whether the defendant is in need of care and treatment. The
forensic evaluator or evaluators shall, within ten business days,
present to the court of record a written, signed report of their
findings on the issue of competence to stand trial. The report
shall contain an opinion, supported by clinical findings, as to
whether the defendant is or is not competent to stand trial. If
the defendant is determined to be incompetent to stand trial, the
report shall state whether the defendant is likely to be restored
to competency within the next six months, whether the defendant is
in need of inpatient care and treatment, the level of treatment
needed, and whether defendant is currently dangerous to others and
the risk factors involved. The court may extend the ten-day period
for filing the report if the forensic evaluator or evaluators show
good cause to extend the period, but in no event shall the period
exceed thirty days.
(d) Within five days after the receipt of the report on the
issue of competency to stand trial, or if no observation pursuant
to subsection (b) of this section has been ordered, within five
days after the reports on said issue following an examination under
subsection (a) of this section, the court of record shall make a
preliminary finding on the issue of whether the defendant is or is
not competent for trial, and, if incompetent, whether there is a
substantial likelihood that the defendant could regain competency
within the next six months, whether the defendant is a danger to
others and whether the crime charged involves an act of violence.
A finding of incompetence for trial shall require proof by a
preponderance of the evidence. Notice of such findings shall be
sent to the prosecuting attorney, the defendant and his or her
counsel, and if the defendant is ordered to a mental health
facility, to that facility. If the court of record orders or if
the defendant or his or her counsel on his or her behalf within a
reasonable time fifteen days requests a hearing on such findings,
a hearing in accordance with section two of this article shall be
held by the court of record within ten days of the date such
finding or such request has been made. If no hearing order or
request is filed within fifteen days, the preliminary findings of
the court become final. If the court finds the defendant to be
competent to stand trial, the defendant shall remain in the custody
of the sheriff for transportation in accordance with the disposition of the court. The court may order the continuation of
a treatment plan provided by the mental health facility, including
medication.
(e) After a conviction and prior to sentencing, the court of
record may order a psychiatric or other clinical examination and,
after such examination, may further order a period of observation
in a mental health facility designated by the director of health.
Such a period of observation or examination shall not exceed forty
days.
If after hearing conducted pursuant to the procedures
prescribed in subsection (c), section four, article five of this
chapter, the court of record makes the findings specified insection
four, article five of this chapter or finds that the convicted
individual would benefit from treatment in a mental health
facility, the court may enter an order of commitment in accord with
section four, article five for treatment in a mental health
facility designated by the director of health.
(f) (e) In like manner, in accordance with procedures set
forth in subsections (a), (b) and (c) of this section, a juvenile
court may order a psychiatric examination or a period of
observation for an alleged delinquent or neglected juvenile in a
mental health facility to aid the court in its disposition. The
period of observation shall not exceed forty days.
(g) (f) On and after midnight on the last day of June, one thousand nine hundred eighty-three, If a person charged with public
intoxication is incapacitated at the time a warrant or summons is
issued, the court, magistrate or other judicial officer may as
provided by article six, chapter sixty of this code, order the
individual detained in the nearest mental health facility providing
appropriate care, or other detention facility as defined in section
fourteen, article one of this chapter, to determine evaluate the
individual's competence to stand trial and criminal responsibility
and require the preparation and submission by that facility of a
report which shall in addition to determining evaluating the
individual's competence and criminal responsibility shall also
describe any suggested or proposed methods of care or treatment
which may be appropriate. Such order shall stipulate the return of
the individual to the court, magistrate or other judicial officer
or his or her
release if bond has been posted or a summons issued
in lieu of a warrant, when the individual is no longer
incapacitated. But in no case may the individual be kept longer
than forty-eight hours, unless during the forty-eight hours, civil
commitment proceedings pursuant to article five of this chapter are
initiated by qualified personnel at the mental health facility or
other facility in which the individual is detained and detention is
ordered pursuant to article five of this chapter: Provided, That
whenever the director of the facility initiates civil proceedings
within forty-eight hours, he or she shall immediately notify the judicial officer who ordered the individual detained that such
proceedings have commenced: Provided, however, That the judicial
officer may then modify his or her order and may continue the
criminal proceedings in his or her court until a diagnosis of
alcoholism has been made: Provided further, That once a diagnosis
is made, the judicial officer shall find the individual not guilty
by reason of addiction as provided by section nine, article six,
chapter sixty of the code and shall immediately initiate civil
commitment proceedings unless such proceedings have already begun
and are proceeding:
(1) If at any time during the forty-eight hours the individual
requires acute medical care or because of overtly dangerous
behavior needs security beyond the capability of the mental health
facility where he or she is being detained, the sheriff of the
county in which the facility is located shall at the request of the
facility director transport the individual to a more appropriate
facility such as a general hospital, or a state hospital or
detention facility selected by said director.
(2) No law-enforcement officer, physician, mobile intensive
care paramedic, emergency medical service attendant or staff member
or employee of any mental health facility, hospital or detention
facility may be held criminally liable for carrying out any
provision set forth in this subsection or any procedure specified
therein or be held civilly liable in damages to an incapacitated person because of carrying out any provision set forth in this
subsection or any procedure specified herein for dealing with an
individual charged with public intoxication unless for gross
negligence or willful or wanton injury.
(3) Any person who is given transportation to or from, or who
is examined or treated at, a mental health facility, hospital or
detention facility in accordance with, and because of, the
provisions of this section, whether such person was incapacitated
or not or whether he or she gave his or her
consent or not, shall
be liable in implied contract to the person who, or mental health
facility, hospital or detention facility or other appropriate
agency which, provided such transportation, examination or
treatment, for the reasonable cost thereof. No person may be
denied such services because of inability or failure to pay such
costs nor shall any effort be made to obtain prepayment of such
costs or any portion thereof.
§27-6A-2. Hearing on competency to stand trial; findings.
(a) At a hearing to determine a defendant's competency to
stand trial, the defendant shall be present and he or she shall
have the right to be represented by counsel and introduce evidence
and cross-examine witnesses. The defendant shall be afforded
timely and adequate notice of the issues at the hearing and shall
have access to a summary of the medical forensic evidence to be
presented by the State. The defendant shall have the right to an examination by an independent expert of his or her choice and
testimony from such expert as a medical witness on his or her
behalf present evidence by a forensic evaluator of his or her
choice and at his or her expense. All rights generally afforded a
defendant in criminal proceedings shall be afforded to a defendant
in such competency proceedings except trial by jury.
(b) At the termination of such hearing the court of record
with due consideration to the forensic evaluations conducted
pursuant to sections one and two of this article, shall make a
finding of fact upon a preponderance of the evidence as to the
defendant's competency to stand trial based on whether or not the
defendant is capable of participating substantially in his or her
defense and understanding the nature and consequences of a criminal
trial. If the defendant is found competent, the court of record
shall forthwith proceed with the criminal proceedings, and the
sheriff shall immediately take custody of the defendant for
disposition pursuant to the court's order. The court may order the
continuation of a treatment plan provided by the mental health
facility, including medication. If the defendant is found
incompetent to stand trial, the court of record shall upon the
evidence make further findings as to whether or not there is a
substantial likelihood that the defendant will attain competency
within the next ensuing six months, and if the court of record so
finds, the defendant may be committed to a mental health facility for an improvement period not to exceed six months whether the
crime involves an act of violence and whether the defendant is a
danger to others. A finding of incompetence to stand trial shall
be based on the forensic evaluation report or reports and shall
require proof by a preponderance of the evidence. Notice of such
findings shall be sent to the prosecuting attorney, the defendant
and his or her counsel and, if the defendant is ordered committed
to a mental health facility of the department pursuant to section
two of this article, to the facility. If requested by the chief
medical officer of the mental health facility on the grounds that
additional time is necessary for the defendant to attain
competency, the court of record may, prior to the termination of
the six-month period, extend the period for an additional three
months. Within ten days of the termination of such period, the
court of record shall ascertain by hearing in accordance with
subsection (a) of this section whether or not the defendant has
attained competency to stand trial. If the court finds that the
defendant is incompetent to stand trial but, with treatment, is
substantially likely to regain competency within the next six
months, the defendant may be committed to a mental health facility
for a competency evaluation and, if appropriate, improvement
period. The term of this commitment shall not exceed six months
from the time of entry into the facility. If requested by the
chief medical officer of the mental health facility on the grounds that additional time is necessary for the defendant to attain
competency, the court of record may, prior to the termination of
the six-month period, extend the period for an additional three
months.
(c) If the defendant has been indicted or charged with a
misdemeanor or felony in which the misdemeanor or felony does not
involve an act of violence against a person and is found to be
incompetent to stand trial with no substantial likelihood of
obtaining competency, or if after such improvement period the
defendant is found to be incompetent to stand trial, the criminal
charges shall be dismissed. The dismissal order may be stayed for
ten days to allow civil commitment proceedings to be instituted
pursuant to article five of this chapter.
(d) If the defendant has been indicted or charged with a
misdemeanor or felony in which the misdemeanor or felony does
involve an act of violence against a person and upon hearing: (1)
The defendant is found initially to be incompetent to stand trial
with no substantial likelihood of obtaining competency and is found
not to be a danger to self or others; or (2) after an improvement
period pursuant to subsection (b) of this section, the defendant is
found to be incompetent to stand trial and is found not to be a
danger to self or others, then the court shall maintain
jurisdiction over the defendant. The department, the appropriate
community-based behavioral health provider and other appropriate state agencies shall provide to the court treatment options for the
defendant, but under no circumstances shall the defendant remain
committed to or in an inpatient mental health facility.
(e) If the defendant has been indicted or charged with a
misdemeanor or felony in which the misdemeanor or felony does
involve an act of violence against a person and, upon hearing: (1)
The defendant is found initially to be incompetent to stand trial
with no substantial likelihood of obtaining competency and is found
to be a danger to self or others; or (2) after an improvement
period pursuant to subsection (b) of this section, the defendant is
found to be incompetent to stand trial and is found to be a danger
to self or others, then the court shall maintain jurisdiction over
the defendant and shall commit the defendant to a mental health
facility under the authority of the department of health and human
resources which is the least restrictive setting appropriate to
treat defendant and protect the public including a mental health
facility designated by the department. The court shall state with
specificity the date the commitment period will terminate. The
defendant's supervising physician or psychologist shall cause the
defendant's competency to stand trial and dangerousness to self or
others to be reviewed every six months during the period of his or
her inpatient hospitalization.
(f) If the defendant has been indicted or charged with a
misdemeanor or felony in which the misdemeanor or felony does involve an act of violence against a person, upon notice from the
medical director of the mental health facility that the defendant
no longer constitutes a danger to self or others along with an
alternative disposition plan which sets forth in detail a treatment
plan for the defendant designed to allow his or her release without
endangering the public, the court shall promptly conduct a hearing.
The clerk shall give notice of the hearing to the prosecuting
attorney and the victim or next of kin of the victim of the offense
for which the person was committed. The burden shall be on the
victim or next of kin of the victim to keep the court apprised of
that person's current mailing address.
After hearing, the court may order the release from
hospitalization of a defendant found incompetent to stand trial due
to mental illness, addiction or retardation prior to the expiration
of the court's jurisdiction only when the court finds that the
defendant is no longer a danger to self or others: Provided, That
a defendant may be released from inpatient hospitalization by the
court when the defendant's mental illness is in remission solely as
a result of medication or hospitalization or other mode of
treatment only if it can be determined by clear and convincing
evidence that with continued outpatient therapy or other mode of
outpatient treatment, the defendant's mental illness does not make
him or her a danger to self or others. When a defendant's mental
illness is in remission solely as a result of medication or hospitalization or other mode of treatment, the court in its
discretion, may make the continuance of the medication or other
mode of treatment a condition of the defendant's release. Upon
notice that a defendant who is released on the condition that he or
she continues medication or other mode of treatment does not
continue his or her medication or other mode of treatment, the
prosecuting attorney shall, by motion, cause the court to
reconsider the defendant's release. Upon a showing that defendant
is in violation of the conditions of his or her release, the court
shall recommit the defendant to the mental health facility.
(g) The prosecuting attorney shall, by motion, cause the
competency to stand trial of a defendant subject to the court's
jurisdiction pursuant to subsection (d) of this section or released
pursuant to subsection (f) of this section to be determined at
least every six months while the defendant remains under the
jurisdiction of the court. If the chief medical officer of the
mental health facility finds that the defendant is no longer
dangerous or no longer mentally ill, the court should hold a
hearing pursuant to section two of this article. A defendant
placed under the jurisdiction of the court pursuant to the
provisions of subsection (d) or (e) of this section shall remain
under the court's jurisdiction until the expiration of the maximum
possible sentence the defendant could have received if convicted
unless the defendant regains competency and the criminal charges reach resolution or the court, upon motion of the prosecuting
attorney, dismisses the indictment or charge.
§27-6A-3. Court jurisdiction over persons found not guilty by
reason of mental illness, mental retardation or
addiction.
(a) After the entry of consideration of the forensic
evaluations of the defendant, and a finding by clear and convincing
evidence of a judgment of not guilty by reason of mental illness,
mental retardation or addiction, and a finding that the defendant
is a danger to self or others, the court of record the court shall
determine on the record the offense of which the person otherwise
would have been convicted, and the maximum sentence he or she could
have received. The court shall commit such defendant to a mental
health facility under the jurisdiction of the department of health,
that is the least restrictive environment for the defendant that
will allow for the protection and safety of the public, with the
court retaining jurisdiction over the defendant for the maximum
sentence period.
(b) If the court finds that the defendant is criminally
responsible, the sheriff shall take custody of the defendant for
transportation pursuant to the court's order. The court may order
the continuation of a treatment plan provided by the mental health
facility, including medication.
(c) If the chief medical officer of the mental health facility makes a determination that the defendant is no longer mentally ill
or is no longer a danger to self or others, the court of record
shall hold a hearing, pursuant to section two or three of this
article, within ten days of receipt of such notification from the
facility.
(b) (d) If the defendant is released discharged from an
inpatient mental health facility while under the jurisdiction of
the court, the court may impose such conditions as are necessary to
protect the safety of the public.
§27-6A-4. Release from jurisdiction of the court; discharge.
(a) No later than thirty days prior to the release of a
defendant because of the expiration of the court's jurisdiction, if
the defendant's supervising physician or psychologist believes that
the defendant's mental illness or mental retardation or addiction
causes the defendant to be dangerous to self or others, the
supervising physician or psychologist shall notify the prosecuting
attorney in the county of the court having jurisdiction of such
opinion and the basis therefor. Following this notification, the
prosecuting attorney shall file a civil commitment application
against the defendant, pursuant to article five of this chapter.
(b) Except as provided in subsection (g), section two of this
article, The court may discharge a mentally ill or addicted
defendant from the court's jurisdiction prior to the expiration of
the period specified in this section only when the court finds that the person is no longer mentally ill or addicted and or that the
person is no longer a danger to self or others: Provided, That a
defendant may not be released from the court's jurisdiction when
the defendant's mental illness is in remission solely as a result
of medication or hospitalization or other mode of treatment only if
it can be determined by clear and convincing evidence that with
continued outpatient therapy or other mode of outpatient treatment,
the defendant's mental illness does not make him or her a danger to
self or others. When a defendant's mental illness is in remission
solely as a result of medication or hospitalization or other mode
of treatment, the court in its discretion, may make the continuance
of the medication or other mode of treatment a condition of the
defendant's release. Upon notice that a defendant who is released
on the condition that he or she continues medication or other mode
of treatment does not continue his or her medication or other mode
of treatment, the prosecuting attorney shall, by motion, cause the
court to reconsider the defendant's release. Upon a showing that
defendant is in violation of the conditions of his or her release,
the court shall reinstate its jurisdiction over the defendant. The
court may discharge a mentally retarded defendant from the court's
jurisdiction prior to the expiration of the period specified in
this section only when the court finds that the person is no longer
a danger to self or others.
(c) Those persons committed under the provisions of this article may be released or discharged from the inpatient mental
health facility only upon entry of an order from the court of
record which committed the defendant, finding that the defendant
will not be a danger to self or others if so released, based upon
the evidence admitted at the hearing.
(d) The court shall promptly conduct a hearing after receipt
of the physician's or psychologist's notification referred to in
subsection (a) of this section. The clerk shall notify the
prosecuting attorney and the victim or next of kin of the victim of
the offense for which the defendant was committed of the hearing.
The burden shall be on the victim or next of kin of the victim to
keep the court apprised of the defendant's current mailing address.
(e) No later than twenty days prior to the release of a
defendant because of the expiration of an order of commitment or
because of the expiration of the court's jurisdiction, the mental
health facility shall report to the court of record the defendant's
current mental status, including whether the defendant remains
mentally ill and whether the defendant is currently a danger to
others. If such a report is made by the medical director of the
mental health facility, the mental health facility shall also
submit a discharge plan which sets forth a treatment plan for the
defendant designed to allow his or her discharge without
endangering the public.
(f) At the termination of such hearing the court of record shall, with consideration given to the findings of the mental
health facility, within ten days of the date of the hearing or
prior to the expiration of its jurisdiction or a commitment order,
make a finding and cause an order to be entered with regard to the
defendant's discharge from inpatient commitment or hospitalization.
(g) The court may consider releasing an individual from its
jurisdiction at the same time and based upon the same procedures
that it considers a defendant's discharge from hospitalization.
§27-6A-5. Periodic review of person found incompetent to stand
trial.
The periodic review of a person who has been found incompetent
to stand trial shall include a clinical opinion with regard to the
person's competence to stand trial, which opinion shall be made a
part of the patient's medical record. If any person previously
found incompetent to stand trial is later determined to be
competent, the Director of Mental Health shall notify the court of
record, which shall promptly hold a hearing on the person's
competency to stand trial. The mental health facility's
representatives shall be given the opportunity to testify,
including testimony by telephonic or video conferencing technology,
at this hearing. Any person found incompetent to stand trial may
at any time petition the court of record for a hearing on his or
her competency. Whenever a hearing is held and the court of record
finds that the person is competent to stand trial, his or her commitment, if any, to a mental health facility shall be terminated
and the court of record shall order his or her
return to the
custody of the sheriff for trial. However, if the person requests
continued care and treatment during the pendency of the criminal
proceedings against him or her and the mental health facility
agrees to provide such care and treatment, the court of record may
order the further hospitalization of such person.
§27-6A-10. Forensic evaluations and evaluators.
All forensic evaluations shall be conducted by a qualified
forensic evaluator. Such forensic evaluator shall be a
psychiatrist or a psychologist and board certified in forensics or
qualified by specialized training and experience to perform
forensic evaluations as determined under rules promulgated by the
Secretary of the Department of Health and Human Resources. Such
evaluator shall not be the individual's treating psychologist or
psychiatrist. The individual shall have the right to obtain and
pay for his or her own evaluation that is not performed by a
forensic evaluator qualified by the Department.
§27-6A-11. Payment to forensic evaluators.
The Department shall establish and amend from time to time as
it deems appropriate a schedule of the maximum reasonable amounts
to be paid to forensic evaluators. The Department shall reimburse
court-ordered forensic evaluators who are qualified to perform
forensic evaluations pursuant to section ten of this article, for which there is an appropriate court order requesting the forensic
evaluation and when the evaluation report reflects the findings
required by the pertinent sections of this article. The forensic
evaluator shall attach a copy of the court order requesting the
forensic evaluation and the evaluation report to each invoice. The
Department shall make available to the court a current, published
listing of certified forensic evaluators for competency
determinations and for criminal responsibility evaluations.
§27-6A-12. Uniform forensic court orders; promulgation of rules.
The Department shall make available to the court the
commitment and discharge uniform court orders prepared pursuant to
section four, article two of this chapter. The Secretary of the
Department of Health and Human Resources may promulgate rules to
carry out the provisions of this article.
NOTE: The purpose of this bill is to provide for the
certification of persons who perform evaluations to determine if
defendants charged with crimes are competent to stand trial or are
not guilty by reason of mental illness. The bill also makes
improvements to the process for mentally ill persons in criminal
proceedings.
Strike-throughs indicate language that would be stricken from
the present law, and underscoring indicates new language that would
be added.
§§27-6A-10, 11 and 12 are new; therefore, strike-throughs and
underscoring have been omitted.