Substitute For

HOUSE BILL NO. 4134

A bill to amend 1974 PA 258, entitled

"Mental health code,"

by amending section 1060a (MCL 330.2060a), as added by 2012 PA 540.

The people of the state of michigan enact:

Sec. 1060a. (1) "Competency evaluation" means a court-ordered examination of a juvenile directed to developing information relevant to a determination of his or her competency to proceed at a particular stage of a court proceeding involving a juvenile who is the subject of a delinquency petition.

(2) "Competency hearing" means a hearing to determine whether a juvenile is competent to proceed.

(3) "Incompetent to proceed" means that a juvenile, based on age-appropriate norms, lacks a reasonable degree of rational and factual understanding of the proceeding or is unable to do 1 or more of the following:

(a) Consult with and assist his or her attorney in preparing his or her defense in a meaningful manner.

(b) Sufficiently understand the charges against him or her.

(4) "Juvenile" means a person who is less than 17 18 years of age who is the subject of a delinquency petition.

Enacting section 1. This amendatory act takes effect October 1, 2021.