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Senate panel hears bill to allow second competency evaluations in criminal cases
Summary
A bill that would authorize a second court-ordered competency evaluation when a defendant is found not competent drew debate in the Senate Judiciary Committee about cost, timing and how frequently the option would be used; the measure was ultimately passed by indefinitely (PBI).
Senator Jennifer Diggs introduced Senate Bill 1405, which would allow the Commonwealth to seek a court-ordered second competency evaluation when a defendant is found not competent to stand trial.
The bill’s sponsor said the measure is intended to address situations in which a first evaluation may not fully account for all available information and where a second opinion could validate findings or reveal malingering, shortening unnecessary restoration services. “We would just like to have a second look at this,” Diggs said, explaining that the change would bring competency reviews…
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