Henry Stern
- Democratic
- Senator
- District 27
Author
(1) 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 by which the defendant receives treatment, including, if applicable, antipsychotic medication, with the goal of returning the defendant to competency. Existing law suspends a criminal action pending restoration to competency. This bill would repeal provisions regarding the restoration of competency for a person charged with a misdemeanor, or a violation of probation for a misdemeanor, including provisions regarding administration for antipsychotic medication. The bill would instead authorize the court to conduct an inquiry into a defendant's competency, as specified. The bill would authorize a court, upon finding the defendant incompetent to stand trial, to suspend the proceedings and take certain actions, including granting diversion not to exceed one year or dismissing the charges, as specified. (2) Existing law provides that a prisoner, who, for specified reasons, is confined in or committed to a county jail, industrial farm, or road camp, or a city jail, industrial farm, or road camp, shall, for each 4-day period of custody, have 2 days deducted from the prisoner's period of confinement, except as specified. This bill would extend the application of conduct credits to persons confined in a state hospital or other mental health treatment facility pending their return of mental competency. This bill would incorporate additional changes to Section 4019 of the Penal Code proposed by AB 1542 to be operative only if this bill and AB 1542 are enacted and this bill is enacted last.
Chaptered by Secretary of State. Chapter 599, Statutes of 2021.
Approved by the Governor.
Enrolled and presented to the Governor at 3:30 p.m.
Assembly amendments concurred in. (Ayes 32. Noes 5. Page 2521.) Ordered to engrossing and enrolling.
Read third time. Passed. (Ayes 65. Noes 0. Page 2821.) Ordered to the Senate.
In Senate. Concurrence in Assembly amendments pending.
Ordered to third reading.
Read third time and amended.
Read second time. Ordered to third reading.
From committee: Do pass. (Ayes 16. Noes 0.) (August 19).
From committee with author's amendments. Read second time and amended. Re-referred to Com. on APPR.
From committee: Do pass and re-refer to Com. on APPR. (Ayes 7. Noes 0.) (June 29). Re-referred to Com. on APPR.
From committee with author's amendments. Read second time and amended. Re-referred to Com. on PUB. S.
June 15 set for first hearing canceled at the request of author.
Read third time. Passed. (Ayes 32. Noes 5. Page 1275.) Ordered to the Assembly.
In Assembly. Read first time. Held at Desk.
Read second time. Ordered to third reading.
From committee: Be ordered to second reading pursuant to Senate Rule 28.8.
Set for hearing May 10.
Read second time and amended. Re-referred to Com. on APPR.
From committee: Do pass as amended and re-refer to Com. on APPR. (Ayes 5. Noes 0. Page 940.) (April 27).
From committee with author's amendments. Read second time and amended. Re-referred to Com. on PUB. S.
Set for hearing April 27.
Art. IV. Sec. 8(a) of the Constitution dispensed with.
Joint Rule 55 suspended. (Ayes 32. Noes 4. Page 272.)
(Ayes 32. Noes 4.)
From printer. May be acted upon on or after March 7.
Introduced. Read first time. To Com. on RLS. for assignment. To print.
| Bill Text Versions | Format |
|---|---|
| SB317 | HTML |
| 02/04/21 - Introduced | |
| 04/15/21 - Amended Senate | |
| 04/29/21 - Amended Senate | |
| 06/23/21 - Amended Assembly | |
| 07/12/21 - Amended Assembly | |
| 09/01/21 - Amended Assembly | |
| 09/10/21 - Enrolled | |
| 10/06/21 - Chaptered |
| Document | Format |
|---|---|
| 04/25/21- Senate Public Safety | |
| 05/12/21- Sen. Floor Analyses | |
| 06/28/21- Assembly Public Safety | |
| 08/16/21- Assembly Appropriations | |
| 08/25/21- ASSEMBLY FLOOR ANALYSIS | |
| 09/01/21- ASSEMBLY FLOOR ANALYSIS | |
| 09/07/21- Sen. Floor Analyses |
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