Utah Code
Title 77 Utah Code of Criminal Procedure
Chapter 15 Inquiry into Sanity of Defendant
Section 2 "Incompetent to proceed" defined.


     77-15-2.   "Incompetent to proceed" defined.
     For the purposes of this chapter, a person is incompetent to proceed if he is suffering from a mental disorder or mental retardation resulting either in:
     (1) his inability to have a rational and factual understanding of the proceedings against him or of the punishment specified for the offense charged; or
     (2) his inability to consult with his counsel and to participate in the proceedings against him with a reasonable degree of rational understanding.

Amended by Chapter 162, 1994 General Session
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