SENATE BILL No. 94

 

 

February 7, 2019, Introduced by Senators IRWIN, SANTANA, WOJNO, ALEXANDER, CHANG, HOLLIER, BULLOCK, HERTEL, MCMORROW and MOSS and referred to the Committee on Judiciary and Public Safety.

 

 

 

     A bill to amend 1974 PA 258, entitled

 

"Mental health code,"

 

by amending section 1060a (MCL 330.2060a), as added by 2012 PA 540.

 

THE PEOPLE OF THE STATE OF MICHIGAN ENACT:

 

     Sec. 1060a. (1) "Competency evaluation" means a court-ordered

 

examination of a juvenile directed to developing information

 

relevant to a determination of his or her competency to proceed at

 

a particular stage of a court proceeding involving a juvenile who

 

is the subject of a delinquency petition.

 

     (2) "Competency hearing" means a hearing to determine whether

 

a juvenile is competent to proceed.

 

     (3) "Incompetent to proceed" means that a juvenile, based on

 

age-appropriate norms, lacks a reasonable degree of rational and

 

factual understanding of the proceeding or is unable to do 1 or

 

more of the following:

 

     (a) Consult with and assist his or her attorney in preparing

 

his or her defense in a meaningful manner.

 

     (b) Sufficiently understand the charges against him or her.

 

     (4) "Juvenile" means a person who is less than 17 18 years of

 

age who is the subject of a delinquency petition.

 

     Enacting section 1. This amendatory act takes effect January

 

1, 2021.