H.B.
346
AMENDMENTS REGARDING COMPETENCY TO STAND TRIAL
House Committee
Amendments
Amendment 1 February 24, 2012 5:54 PM
Representative Kay L. McIff proposes the following amendments:
1. Page 1, Lines 15 through 16 :
15 trial to
{
include
}
provide
for the court's consideration
{
all available and relevant
evidence
}
the totality of the circumstances
,
16 including
{
testimony of witnesses who have been in contact with the defendant
}
testimony of lay
witnesses
; and
2. Page 5, Lines 130 through 133 :
130 (11)
{
(a) The court, in
}
In
determining the defendant's competency to stand trial,
the
court
shall
131 consider the totality of the circumstances, which
{
includes
}
may include
{
the information
presented under
132 Subsection (11)(b) }
the testimony of lay witnesses,
in addition to the expert testimony, studies, and
reports provided under this
133 section.
3. Page 5, Lines 134 through 141 :
134
{
(b) The information to be considered by the court shall include all available and
135 relevant evidence, witnesses, and testimony to ensure that there is no manipulation of the
136 process or a wrongful or artificial attempt or motivation on the part of the defendant to avoid
137 being found competent to stand trial.
138 (c) All witnesses and evidence regarding the defendant's personal contact with
139 individuals which may relate to the competency of the defendant to stand trial shall be
140 considered by the court and applied to its determination of the defendant's competency under
141 this section. }
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