Criminal procedure: competence to stand trial.
Summary
Existing law prohibits a person from being tried or adjudged to punishment while that person is mentally incompetent. Existing law establishes a process by which a defendant's mental competency is evaluated and if the defendant is found incompetent to stand trial, the proceedings are suspended while the defendant receives treatment, with the goal of restoring the defendant to competency. Existing law, in the case of a misdemeanor charge in which the defendant is found incompetent, requires the court to either dismiss the case or hold a hearing to determine if the defendant is eligible for diversion. Under existing law, if the defendant not eligible for diversion, the court may hold another hearing to decide if the defendant should be referred for outpatient treatment, conservatorship, or the Community Assistance, Recovery, and Empowerment (CARE) program, or if the defendant's treatment plan should be modified. This bill would remove the option for the court to dismiss the case and would instead require the court to hold a hearing to determine if the defendant is eligible for diversion. If the defendant is not eligible for diversion, the bill would require the court to hold a hearing to determine whether the defendant will be referred to outpatient treatment, conservatorship, or the CARE program, or if the defendant's treatment plan will be modified. The bill would authorize a party to request and a court to order a re-evaluation of the defendant's competency during the pendency of these proceedings.
Bill status
failed
1 of 4 stages cleared
Introduction
Feb 2024
Committee Review
Floor Vote
Governor
Introduced Feb 14, 2024
Last action May 24, 2024
Floor votes
How they voted
No floor votes recorded yet.
Full legislative history
Actions timeline
Total actions
7
Key actions
2
Committee
4
Amendments
1
May 24, 2024
Lower · Passed
From committee: Without further action pursuant to Joint Rule 62(a).
lower
Apr 1, 2024
Committee
Re-referred to Com. on PUB. S.
lower
Mar 21, 2024
Introduced
From committee chair, with author's amendments: Amend, and re-refer to Com. on PUB. S. Read second time and amended.
lower
Mar 21, 2024
Committee
Referred to Com. on PUB. S.
lower
Feb 15, 2024
Lower · Passed
From printer. May be heard in committee March 16.
lower
1 primary · 0 co-sponsors
Sponsors
Role
Legislator
Party
State
District
P
Tri Ta
RRepublican
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