SB562 SFA TAKUBO #1 4-10

Smith  7883

Senator Takubo moved to amend the House of Delegates amendment to Senate Bill 562 on page one, section seven hundred twelve, line four by striking the words “stand trial” and inserting in lieu thereof the word “proceed”;

On page three, section seven hundred twenty-seven, line fifty-one by striking the words “stand trial” and inserting in lieu thereof the word “proceed”;

On page four, section seven hundred twenty-seven, lines twenty-three through twenty-six

by striking subsection (e) in its entirety and inserting in lieu thereof a new subsection (e) to read as follows:

(e) If and when the issue of a juvenile’s competency is raised under subsection (a) of this section or, a rebuttable presumption of incompetency exists under subsection (c) of this section, the court shall appoint a guardian ad litem for the juvenile.  The Supreme Court of Appeals is requested to establish a training program for persons acting as guardians ad litem in juvenile competency matters.

And,

On page ten, section seven hundred thirty-two, lines fourteen through seventeen by striking subdivision one, subsection (d) in its entirety and inserting in lieu thereof a new subdivision one, subsection (d) to read as follows:

(d) (1) Except as otherwise provided, the court shall make a written determination as to the juvenile’s competency based on a preponderance of the evidence within 10 judicial days after completion of the hearing.  The applicable burden of proof shall be as set forth in §49-4-727 of this code.

Adopted

Rejected