§ 730.30 Fitness to proceed; order of examination.\n 1. At any time after a defendant is arraigned upon an accusatory\ninstrument other than a felony complaint and before the imposition of\nsentence, or at any time after a defendant is arraigned upon a felony\ncomplaint and before he is held for the action of the grand jury, the\ncourt wherein the criminal action is pending must issue an order of\nexamination when it is of the opinion that the defendant may be an\nincapacitated person.\n 2. When the examination reports submitted to the court show that each\npsychiatric examiner is of the opinion that the defendant is not an\nincapacitated person, the court may, on its own motion, conduct a\nhearing to determine the issue of capacity, and it must conduct a\nhearing upon motion therefor by the defendant or by the district\nattorney. If no motion for a hearing is made, the criminal action\nagainst the defendant must proceed. If, following a hearing, the court\nis satisfied that the defendant is not an incapacitated person, the\ncriminal action against him must proceed; if the court is not so\nsatisfied, it must issue a further order of examination directing that\nthe defendant be examined by different psychiatric examiners designated\nby the director.\n 3. When the examination reports submitted to the court show that each\npsychiatric examiner is of the opinion that the defendant is an\nincapacitated person, the court may, on its own motion, conduct a\nhearing to determine the issue of capacity and it must conduct such\nhearing upon motion therefor by the defendant or by the district\nattorney.\n 4. When the examination reports submitted to the court show that the\npsychiatric examiners are not unanimous in their opinion as to whether\nthe defendant is or is not an incapacitated person, or when the\nexamination reports submitted to the superior court show that the\npsychiatric examiners are not unanimous in their opinion as to whether\nthe defendant is or is not a dangerous incapacitated person, the court\nmust conduct a hearing to determine the issue of capacity or\ndangerousness.\n
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