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 requires the court to, for a person found mentally incompetent and not charged with certain felony offenses, among other things, determine whether restoring the person to mental competence is in the interests of justice. Existing law requires the court to, if restoring the person to mental competence is not in the interests of justice, conduct a hearing, as specified, and determine the person's eligibility for diversion. Under existing law, if the court determines that the person is ineligible or unsuitable for diversion, the court is authorized to hold a hearing to determine the person's other options, including referral to assisted outpatient treatment, county conservatorship, and the CARE program. Existing law requires a person's charges to be dismissed if the person is accepted into assisted outpatient treatment or the CARE program or upon a filing of either a temporary or permanent conservatorship petition. This bill would authorize a county behavioral health agency to report to the court regarding relevant confidential medical information for the purpose of determining eligibility for behavioral health services pursuant to the above provisions. The bill would exempt from the requirement to dismiss charges instances where the person's case has been referred back to the court within certain time periods. Existing law, when a defendant is returned to court after specified proceedings to restore competency and it appears the defendant is gravely disabled, requires the court to initiate specified conservatorship proceedings. Existing law defines gravely disabled for these purposes as meaning a condition in which a person, as a result of specified disorders, is unable to provide for their basic personal needs for food, clothing, shelter, personal safety, or necessary medical care, or a condition in which the person has been found mentally incompetent and specified facts exist, including that the person is unable to understand the nature and purpose of the proceedings taken against them and to assist counsel in the conduct of their defense in a rational manner. This bill would clarify that gravely disabled includes meeting either or both of these definitions of gravely disabled. Existing law, in the case of a misdemeanor charge in which the defendant is found incompetent, requires the court to hold a hearing to determine whether the defendant is eligible for both diversion and the CARE program. Under existing law, if the defendant is not eligible or suitable for diversion, the court is required to hold another hearing to decide if the defendant should be referred for, among other things, county conservatorship. Existing law only allows a referral for county conservatorship if, based on the opinion of a qualified mental health expert, the defendant appears to be gravely disabled, as defined. This bill would also allow a referral for county conservatorship if, in the opinion of the court, the defendant appears to be gravely disabled.
Bill status
passed both
4 of 5 stages cleared
Introduction
Feb 2026
Committee Review
Aug 2026
Senate Passage
May 2026
Assembly Passage
Aug 2026
Governor
Introduced Feb 20, 2026
Last action Aug 27, 2026
Maddy AI version diff · 4 comparisons
What changed between versions
08/30/26 - Enrolled
→
SB1401
·
2 edits
MINOR
This diff does not reflect a substantive legislative change. The enrolled version of SB 1401 (full bill text with chapter heading, digest, and statutory amendments) has been replaced by what appears to be web page navigation and UI elements (menu items like 'skip to content,' 'FAQ,' 'Bill Search,' 'Compare Versions,' etc.). This is a data capture or export error, not a policy amendment.
TECHNICAL
The entire enrolled bill text was removed, including the chapter heading, legislative counsel's digest, and all statutory amendments to Penal Code Sections 1370 and 1370.01.
Web page navigation elements were inserted in place of the bill text, including menu items (home, accessibility, FAQ, feedback, sitemap, login), search fields, version history links, and section headers from a legislative information website.
Floor votes · Senate May 22, 2026 · Assembly Aug 26, 2026
How they voted
33–0
Passed · 7 other
Total votes 40
May 22, 2026
D
Democratic30
83% Yea
R
Republican10
80% Yea
Vote distribution
All Yea
All Nay
Mixed
No data
Full legislative history
Actions timeline
Total actions
28
Key actions
9
Committee
5
Amendments
5
Aug 27, 2026
Upper · Passed
Assembly amendments concurred in. (Ayes 39. Noes 0.) Ordered to engrossing and enrolling.
upper
Aug 26, 2026
Introduced
In Senate. Concurrence in Assembly amendments pending.
upper
Aug 26, 2026
Lower · Passed
Read third time. Passed. Ordered to the Senate.
lower
Aug 21, 2026
Lower · Passed
Read third time and amended.
lower
Aug 13, 2026
Lower · Passed
From committee: Do pass. (Ayes 15. Noes 0.) (August 13).
lower
Jun 25, 2026
Lower · Passed
Read second time and amended. Re-referred to Com. on APPR.
lower
Jun 24, 2026
Lower · Passed
From committee: Do pass as amended and re-refer to Com. on APPR. (Ayes 9. Noes 0.) (June 23).
lower
Jun 1, 2026
Committee
Referred to Com. on PUB. S.
lower
May 22, 2026
Upper · Passed
Read third time. Passed. (Ayes 33. Noes 0. Page 4421.) Ordered to the Assembly.
upper
May 14, 2026
Upper · Passed
From committee: Do pass. (Ayes 7. Noes 0. Page 4276.) (May 14).
upper
Apr 14, 2026
Upper · Passed
From committee: Do pass and re-refer to Com. on APPR. (Ayes 6. Noes 0. Page 3872.) (April 14). Re-referred to Com. on APPR.
upper
Mar 4, 2026
Committee
Referred to Com. on PUB. S.
upper
Feb 20, 2026
Introduced
Introduced. To Com. on RLS. for assignment. To print.
upper
1 primary · 0 co-sponsors
Sponsors
Role
Legislator
Party
State
District
P
Henry Stern
DDemocratic
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