CA SB 349

Title: Criminal procedure: competence to stand trial.
Author: Richard Dale Roth

Summary
SB 349, as amended, Roth. Criminal procedure: competence to stand trial. Existing law prohibits a person who is found to be mentally incompetent to stand trial. Existing law requires a court, if a question is raised as to a defendant’s mental competence, to hold a hearing into the defendant’s mental competence. Under existing law, if a defendant is found incompetent, the court shall, as specified, order the defendant to treatment for the restoration of competence. Under existing law, if the defendant’s competence is restored, the defendant shall be returned to the court with a certificate of restoration.This bill would provide that, if a question is raised by the court as to a defendant’s mental competence, the question of the defendant’s mental competence shall be presumed to apply to all felony cases pending against the defendant in that county, and that court shall retain jurisdiction over all such cases for the purpose of resolving the question of mental competence.This bill would also clarify that a certificate of restoration of mental competence is presumed to apply to any pending felony case against the defendant at the time the defendant was restored to competence.

Status
July 11 set for second hearing canceled at the request of author.

Bill Documents
CA SB 349 - 06/21/23 - Amended Assembly
06/21/23 - CA SB 349 (06/21/23 - Amended Assembly)