PENNSYLVANIA, November 16 - PRINTER'S NO. 1242

THE GENERAL ASSEMBLY OF PENNSYLVANIA

SENATE BILL

No.

974

Session of

2023

INTRODUCED BY MASTRIANO, NOVEMBER 16, 2023

REFERRED TO JUDICIARY, NOVEMBER 16, 2023

AN ACT

Amending the act of July 9, 1976 (P.L.817, No.143), entitled "An

act relating to mental health procedures; providing for the

treatment and rights of mentally disabled persons, for

voluntary and involuntary examination and treatment and for

determinations affecting those charged with crime or under

sentence," in determinations affecting those charged with

crime, or under sentence, further providing for hearing and

determination of incompetency to proceed, stay of proceedings

and dismissal of charges.

The General Assembly of the Commonwealth of Pennsylvania

hereby enacts as follows:

Section 1. Section 403(e) of the act of July 9, 1976

(P.L.817, No.143), known as the Mental Health Procedures Act, is

amended to read:

Section 403. Hearing and Determination of Incompetency to

Proceed; Stay of Proceedings; Dismissal of Charges.--* * *

(e) Resumption of Proceedings or Dismissal.--When the court,

on its own motion or upon the application of the attorney for

the Commonwealth or counsel for the defendant, determines that

such person has regained his competence to proceed, the

proceedings shall be resumed. [If the court is of the opinion

that by reason of the passage of time and its effect upon the

1

2

3

4

5

6

7

8

9

10

11

12

13

14

15

16

17

18

19

20

21

22