Ted Lieu
- Democratic
Author
Existing law provides that no discovery shall occur in criminal cases except as provided by statute or as mandated by the Constitution of the United States. Under existing law, a defendant and his or her attorney are required to disclose to the prosecuting attorney any reports or statements of experts made in connection with the case, including the results of physical or mental examinations, scientific tests, experiments, or comparisons which the defendant intends to offer in evidence at the trial. This bill would allow the court to order a defendant in a criminal action or a minor in a juvenile delinquency proceeding to submit to examination by a prosecution-retained mental health expert whenever a defendant or minor, as specified, places in issue his or her mental state at any phase of the criminal action or juvenile proceeding through the proposed testimony of any mental health expert. The bill would require the prosecuting attorney to submit a list of the tests he or she proposes to have a prosecution-retained expert conduct on the defendant or minor and would require the court, upon the request of the defendant or minor, to hold a hearing to consider any objections to the proposed tests. The bill would require the court to make a threshold determination before ordering the defendant to submit to the examination that the proposed tests bear some reasonable relation to the mental state placed in issue by the defendant or minor. The bill would specify that its purpose is to respond to Verdin v. Superior Court (2008) 43 Cal.4th 1096, as specified. This bill would amend Proposition 115, an initiative statute adopted by the voters at the June 5, 1990, statewide primary election, which provides that its provisions may be amended by the Legislature by a 23 vote of the membership of each house.
Chaptered by Secretary of State - Chapter 297, Statutes of 2009.
Approved by the Governor.
Enrolled and to the Governor at 10:30 a.m.
Senate amendments concurred in. To enrollment. (Ayes 76. Noes 0. Page 2912.)
Assembly Rule 77 suspended. (Page 2889.)
In Assembly. Concurrence in Senate amendments pending. May be considered on or after September 3 pursuant to Assembly Rule 77.
Read third time, passed, and to Assembly. (Ayes 36. Noes 0. Page 2010.)
Read second time, amended, and to third reading.
From committee: Amend, and do pass as amended. (Ayes 7. Noes 0.) (July 7).
From committee chair, with author's amendments: Amend, and re-refer to committee. Read second time, amended, and re-referred to Com. on PUB. S.
In Senate. Read first time. To Com. on RLS. for assignment.
Read third time, passed, and to Senate. (Ayes 76. Noes 1. Page 1663.)
Read second time. To third reading.
From committee: Do pass. (Ayes 5. Noes 0.) (May 12).
From committee chair, with author's amendments: Amend, and re-refer to Com. on PUB. S. Read second time and amended.
Read first time.
From printer. May be heard in committee March 30.
Introduced. To print.
| Bill Text Versions | Format |
|---|---|
| AB1516 | HTML |
| 02/27/09 - Introduced | |
| 04/20/09 - Amended Assembly | |
| 06/29/09 - Amended Senate | |
| 07/16/09 - Amended Senate | |
| 09/08/09 - Enrolled | |
| 10/11/09 - Chaptered |
| Document | Format |
|---|---|
| No related documents. |
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