HARRY HUGHES, Governor

649

Annotated Code notes, for consideration by the
General Assembly, that the terms "mentally
retarded" and "mental retardation" are not
defined for purposes of this title. Therefore,
the General Assembly may wish to decide if the
meaning of these terms should be delineated by
the courts on a case-by-case basis or defined by
statute.

12-102. COURT DETERMINATION OF COMPETENCY.

(A)  HEARING.

IF, BEFORE OR DURING A TRIAL, THE DEFENDANT IN A
CRIMINAL CASE APPEARS TO THE COURT TO BE INCOMPETENT TO
STAND TRIAL OR THE DEFENDANT ALLEGES INCOMPETENCE TO STAND
TRIAL, THE COURT SHALL DETERMINE, ON EVIDENCE PRESENTED ON
THE RECORD, WHETHER THE DEFENDANT IS INCOMPETENT TO STAND
TRIAL.

(B)  COURT ACTION IF DEFENDANT COMPETENT.

IF, AFTER RECEIVING EVIDENCE, THE COURT FINDS THAT THE
DEFENDANT IS COMPETENT TO STAND TRIAL, THE TRIAL SHALL BEGIN
AS SOON AS PRACTICABLE OR, IF ALREADY BEGUN, SHALL CONTINUE.

(C). RECONSIDERATION OF COMPETENCY.

AT ANY TIME DURING THE TRIAL AND BEFORE VERDICT, THE
COURT MAY RECONSIDER THE QUESTION OF WHETHER THE DEFENDANT
IS INCOMPETENT TO STAND TRIAL.

REVISOR'S NOTE: This section is new language derived

without. substantive change from the first,

eighth, and ninth sentences of former Article 59,
§ 23.

In subsections (a) and (b) of this section, the
former references to "testimony" are deleted as
unnecessary in light of the broad references to
"evidence".

In subsection (a) of this section, the defined
term "incompetent to stand trial" is substituted
for the phrase "unable to understand the nature
of (sic) the object of the proceeding against him
or to assist in his defense."

In subsection (c) of this section, the former
reference "in its discretion" is deleted as
unnecessary in light of the word "may"..

As to examination of a defendant before findings
on competence, see § 12-103 of this title.