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California 20252026

SB 1401

Criminal procedure: competence to stand trial.

Open original source Back to bills
Source: Open States / PluralUpdated 2026-09-12 13:12:55 UTC.

Official record

Measure details

Jurisdiction
California
Session
20252026
Chamber
upper
Classification
bill
Subjects
Criminalprocedure, competencetostandtrial
Introduced / first action
2026-02-20 00:00:00

Source-supplied abstracts

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.

Sponsors

Source-supplied history

Actions

  1. Enrolled and presented to the Governor at 3 p.m.

    executive-receipt

  2. Assembly amendments concurred in. (Ayes 39. Noes 0.) Ordered to engrossing and enrolling.

    amendment-passage, committee-passage, committee-passage-favorable

  3. In Senate. Concurrence in Assembly amendments pending.

  4. Read third time. Passed. Ordered to the Senate.

    passage, reading-1, reading-3

  5. Ordered to third reading.

    reading-1, reading-3

  6. Read third time and amended.

    amendment-passage, reading-1, reading-3

  7. Assembly Rule 69(b)(1) suspended. (Ayes 55. Noes 17. Page 6296.)

  8. Read second time. Ordered to third reading.

    reading-1, reading-2, reading-3

  9. From committee: Do pass. (Ayes 15. Noes 0.) (August 13).

    committee-passage, committee-passage-favorable

  10. Assembly Rule 63 suspended.

  11. August 5 set for first hearing. Placed on suspense file.

  12. Read second time and amended. Re-referred to Com. on APPR.

    amendment-passage, reading-1, reading-2, referral-committee

  13. From committee: Do pass as amended and re-refer to Com. on APPR. (Ayes 9. Noes 0.) (June 23).

    amendment-passage, committee-passage, committee-passage-favorable, referral-committee

  14. June 9 set for first hearing canceled at the request of author.

  15. Referred to Com. on PUB. S.

    referral-committee

  16. In Assembly. Read first time. Held at Desk.

    reading-1

  17. Read third time. Passed. (Ayes 33. Noes 0. Page 4421.) Ordered to the Assembly.

    passage, reading-1, reading-3

  18. Ordered to special consent calendar.

  19. Read second time. Ordered to third reading.

    reading-1, reading-2, reading-3

  20. From committee: Do pass. (Ayes 7. Noes 0. Page 4276.) (May 14).

    committee-passage, committee-passage-favorable

  21. Set for hearing May 14.

  22. April 27 hearing: Placed on APPR. suspense file.

  23. Set for hearing April 27.

  24. 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.

    committee-passage, committee-passage-favorable, referral-committee

  25. Set for hearing April 14.

  26. Referred to Com. on PUB. S.

    referral-committee

  27. Read first time.

    reading-1

  28. From printer. May be acted upon on or after March 23.

  29. Introduced. To Com. on RLS. for assignment. To print.

    introduction, referral-committee

When supplied by the API

Related measures

No resolvable related measure is supplied.