ARS 13-754: Capital Defendant Competency Prescreening
The complete text of A.R.S. § 13-754 on capital defendant competency prescreening, and how this section is used in Arizona criminal cases. It defines terms and procedure rather than creating an offense.
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What § 13-754 Sets Out
A.R.S. § 13-754 is the Arizona statute on capital defendant competency prescreening. It sets out procedure and rules rather than defining an offense, so no offense class or sentence attaches to this section on its own.
A. If the state files a notice of intent to seek the death penalty, unless the defendant objects, the court shall appoint a psychologist or psychiatrist licensed pursuant to title 32, chapter 13, 17 or 19.1 to conduct a prescreening evaluation to determine if reasonable grounds exist to conduct another examination to determine the following:
- The defendant’s competency to stand trial.
- Whether the defendant was sane at the time the defendant allegedly committed the offense.
Full Text of A.R.S. § 13-754
A. If the state files a notice of intent to seek the death penalty, unless the defendant objects, the court shall appoint a psychologist or psychiatrist licensed pursuant to title 32, chapter 13, 17 or 19.1 to conduct a prescreening evaluation to determine if reasonable grounds exist to conduct another examination to determine the following:
1. The defendant’s competency to stand trial.
2. Whether the defendant was sane at the time the defendant allegedly committed the offense.
B. The court may appoint separate psychological experts to conduct each of the evaluations ordered pursuant to subsection A.
C. The court shall seal any psychological expert’s report pursuant to this section, and the report shall only be available to the defendant. The report shall be released on the motion of any party if the defendant introduces the report in the present case, raises a mental health defense at trial or sentencing or is convicted of an offense in the present case and the sentence is final.
D. If the prescreening evaluation indicates that reasonable grounds exist to conduct another examination as prescribed by subsection A, the court shall treat the prescreening evaluation as a preliminary examination pursuant to rule 11.2(c) of the Arizona rules of criminal procedure and shall proceed in accordance with rule 11 of the Arizona rules of criminal procedure.
Source: Arizona Revised Statutes § 13-754, Arizona Legislative Council revision of 09/19/25. Read the official text on azleg.gov. Statutes change; verify the current version before relying on it.
How § 13-754 Affects an Arizona Case
§ 13-754 usually matters because of how it interacts with the charge someone is actually facing. We read it alongside the charging statute, because a definition or a procedural rule frequently decides what the State must prove, what a judge may impose, or what relief is available afterward.
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Frequently Asked Questions
What is A.R.S. § 13-754?
A.R.S. § 13-754 is the Arizona statute on capital defendant competency prescreening. It sets out rules that apply across Arizona criminal cases rather than defining a single offense.
Where can I read the official text of § 13-754?
The Arizona Legislature publishes it at azleg.gov, in the revision dated 09/19/25. The complete text is reproduced on this page, and every Arizona criminal statute is searchable on our Arizona Criminal Code index.
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