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
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criminal proceedings it would be unjust to resume the
prosecution, the court may dismiss the charge and order the
person discharged.] Notwithstanding any provision of law to the
contrary and except where a court finds a charge is unlawful or
where jurisdiction includes the Attorney General of the
Commonwealth, only a district attorney or other individuals
statutorily authorized to charge may lawfully authorize a
criminal charge or dismiss a criminal charge against a
defendant.
* * *
Section 2. This act shall take effect in 60 days.
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