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S.B. 807
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VETOES
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(2001 Volume and 2005 Supplement)
BY adding to
Article - Criminal Procedure
Section 3-123(l)
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 [verdict] FINAL JUDGMENT, the
court may reconsider the question of whether the defendant is incompetent to stand
trial.
3-105.
(a) (1) For good cause and after giving the defendant an opportunity to be
heard, the court may order the Health Department to examine the defendant to
determine whether the defendant is incompetent to stand trial.
(2) The court shall set and may change the conditions under which the
examination is to be made.
(b) Except in a capital case, on consideration of the nature of the charge, the
court:
(1) may require or allow the examination to be done on an outpatient
basis; and
(2) if an outpatient examination is authorized, shall set bail for the
defendant or authorize release of the defendant on recognizance.
(c) (1) If a defendant is to be held in custody for examination under this
section, the defendant may be confined in a correctional facility until the Health
Department can conduct the examination. If the court finds it appropriate for the
health or safety of the defendant, the court may order confinement in a medical wing
or other isolated and secure unit of the correctional facility.
- 3344 -
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