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Ch. 353 2006 LAWS OF MARYLAND
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court; requiring the Health Department to submit certain reports containing
certain information within certain time periods to certain persons; requiring a
certain clerk of court to give a certain report to certain persons: requiring that a
certain victim or victim's representative be notified regarding a certain
individual who is committed to the custody of a Health Department facility
under certain circumstances if certain events occur after certain criminal
charges are dismissed; and generally relating to criminal defendants and
incompetency and criminal responsibility.
BY repealing and reenacting, with amendments,
Article - Criminal Procedure
Section 3-104 through 3-108, inclusive
Annotated Code of Maryland
(2001 Volume and 2005 Supplement)
BY repealing and reenacting. without amendments,
Article - Criminal Procedure
Section 3-123(a), (b), and (c)
Annotated Code of Maryland
(2001 Volume and 2005 Supplement)
BY adding to
Article - Criminal Procedure
Section 3-123(1)
Annotated Code of Maryland
(2001 Volume and 2005 Supplement)
SECTION 1. BE IT ENACTED BY THE GENERAL ASSEMBLY OF
MARYLAND, That the Laws of Maryland read as follows:
Article - Criminal Procedure
3-104.
(a) If, before or during a trial, the defendant in a criminal case OR A
VIOLATION OF PROBATION PROCEEDING 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) 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) At any time [during the trial and] before THE verdict IS FINAL
JUDGMENT, the court may reconsider the question of whether the defendant is
incompetent to stand trial.
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- 1856 -
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