1542                             LAWS OF MARYLAND                        [CH. 709

Section 1. Be it enacted by the General Assembly of Maryland,
That Sections 7 through 12 inclusive of Article 59 of the Annotated
Code of Maryland (1964 Replacement Volume and 1966 Supple-
ment), title "Lunatics and Insane," subtitle "Insanity as a Defense
in Criminal Cases," be and they are hereby repealed, and that new
Sections 7, 8, 9, 10, 11 and 12 be and they are hereby enacted in
lieu thereof, to stand in the place of the sections so repealed and to
read as follows:

7.

Whenever prior to or during the trial, any person charged with
the commission of any crime shall appear to the court, or be alleged
to be incompetent to stand trial, BY THE DEFENDANT HIMSELF,
the court shall determine without the aid of a jury upon testimony and
evidence presented on the record whether such person is unable to
understand the nature or the object of the proceeding against him or
to assist in his defense. The court for good cause and after affording
the defendant an opportunity to be heard on his own behalf or through
counsel may pass an order requesting an examination of the defendant
by the Department of Mental Hygiene. During the period for which
any person may be held for examination under this section, he may at
any time question the legality of his detention by means of the writ
of habeas corpus. The court (save in capital cases), may upon con-
sideration of the nature of the charge, require or permit the examina-
tion to be conducted on an out-patient basis and where such out-
patient examination is authorized, shall set bail for the defendant
or authorize his release upon recognizance. The court shall fix and
from time to time may modify the conditions under which the
examination shall be made. Whenever any defendant shall be refer-
red to the Department of Mental Hygiene for an examination of
his competency to stand trial under this section, he shall be examined
and a full and complete report of findings shall be forwarded to the
court having jurisdiction over the defendant, to the State's Attorney
and to counsel for the defendant within the time specified in Section
10 below. If the court after receiving any other testimony and
evidence determines that the defendant is competent to stand trial
within the meaning of this section, the trial shall commence as soon
as practicable or, if already commenced, shall continue. The court
may in its discretion at any time during the trial and until the
verdict is rendered, reconsider the question of the competency of
the defendant to stand trial as otherwise provided in this section.

8.

(a) If the Department of Mental Hygiene shall report that in
its opinion a defendant is not competent to stand trial within the
meaning of Section 7, the Department shall include in its report, FOR
THE PURPOSE OF RELEASING THE DEFENDANT FOR
OUT PATIENT CARE, BAIL OR RECOGNIZANCE, a full and
complete supplementary opinion stating whether such person, by
reason of mental disease or defect, would, if he becomes a free
agent, be a danger to himself or to the safety of the person or
property of others. In stating this opinion, the Department shall
utilize the standards applicable to civil commitment proceedings
under Section 32 of this Article. If the court, after receipt of the
report, shall find that the defendant is not, by reason of mental