Pennsylvania 2023-2024 Regular Session

Pennsylvania Senate Bill SB974

Introduced
11/16/23  

Caption

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.

Summary

Senate Bill 974 seeks to amend existing legislation regarding mental health procedures in Pennsylvania, specifically focusing on the processes related to individuals charged with crimes who may be deemed incompetent to stand trial. The bill aims to clarify the legal framework surrounding the hearing and determination of incompetency, as well as the resumption of proceedings or dismissal of criminal charges. By providing clearer guidelines, the bill intends to streamline legal processes while taking into account the mental health status of defendants, thereby ensuring fair treatment under the law. The primary impact of SB974 on state laws involves the modification of Section 403 of the Mental Health Procedures Act, which governs the determination of incompetency to proceed with a trial. Changes proposed in the bill include a more defined structure for how a court may resume proceedings if an individual regains competence, and under what circumstances charges may be dismissed. This is particularly important for safeguarding the rights of defendants while maintaining the integrity of the legal system. General sentiment surrounding the bill appears to be cautiously optimistic, with proponents emphasizing the need for clearer processes to aid individuals with mental health issues in the legal system. Advocates argue that such clarity can lead to more efficient decision-making in courts and reduce prolonged legal uncertainty for defendants. However, there are also concerns from some advocacy groups that the bill may not adequately address the complexities involved in mental health assessments and the risks of unjust dismissals without sufficient oversight. Notable points of contention include the balance between expediting legal proceedings and ensuring that defendants receive adequate mental health evaluations and support. Critics argue that while the goal of streamlining procedures is valid, it must not come at the cost of comprehensive assessments that take into account the unique circumstances of each case. The bill's progression through the legislative process will likely hinge on addressing these concerns and garnering bipartisan support.

Companion Bills

No companion bills found.

Previously Filed As

PA SB552

Determination of competence; modifying procedures for treatment for restoration of competency; requiring criminal proceedings to be resumed within certain time period upon determination of competency. Emergency.

PA SB552

Determination of competence; modifying procedures for treatment for restoration of competency; requiring criminal proceedings to be resumed within certain time period upon determination of competency. Emergency.

PA SB507

Criminal Procedure – Incompetency to Stand Trial – Dismissal of Charges and Victims’ Rights

PA SB1089

Determination of competency; modifying procedures for proceedings for restoration of competency; requiring certain reporting. Effective date.

PA SB771

Determination of competence; providing for standing for Office of Public Guardian to participate in certain proceedings. Effective date.

PA SB771

Determination of competence; providing for standing for Office of Public Guardian to participate in certain proceedings. Effective date.

PA SB429

Generally revise laws related to determination and restoration of fitness in criminal proceedings

PA SB90

Criminal Procedure - Incompetency to Stand Trial Dismissal

PA SB931

Relating to the determination of incompetency in criminal cases.

PA HB2725

Relating to the determination of incompetency in criminal cases.

Similar Bills

No similar bills found.