SB 349 California Senate · 2023-2024 Regular Session

Criminal procedure: competence to stand trial.

Summary
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 clarify that a certificate of restoration of mental competence is presumed to apply to any felony case pending against the defendant in the same county at the time the defendant was restored to competence, subject to specified exceptions.
Bill status passed 3 of 5 stages cleared
Introduction
Feb 2023
Committee Review
Jun 2023
Senate Passage
May 2023
Assembly Passage
Governor
Introduced Feb 8, 2023 Last action Jun 4, 2024
Floor votes · Senate May 31, 2023

How they voted

381
Passed · 1 other
Total votes 40
May 31, 2023
D Democratic31
29 Yea 1 Nay 1
93% Yea
R Republican9
9 Yea
100% Yea
Vote distribution
All Yea All Nay Mixed No data
Full legislative history

Actions timeline

Total actions
23
Key actions
7
Committee
2
Amendments
6
May 30, 2024
Lower · Passed
From committee with author's amendments. Read second time and amended. Re-referred to Com. on PUB. S.
lower
Jun 21, 2023
Lower · Passed
From committee with author's amendments. Read second time and amended. Re-referred to Com. on PUB. S.
lower
Jun 8, 2023
Committee
Referred to Com. on PUB. S.
lower
May 31, 2023
Upper · Passed
Read third time. Passed. (Ayes 38. Noes 1. Page 1389.) Ordered to the Assembly.
upper
May 18, 2023
Upper · Passed
Read second time and amended. Ordered to second reading.
upper
May 18, 2023
Upper · Passed
From committee: Do pass as amended. (Ayes 7. Noes 0. Page 1166.) (May 18).
upper
Mar 30, 2023
Upper · Passed
Read second time and amended. Re-referred to Com. on APPR.
upper
Mar 29, 2023
Upper · Passed
From committee: Do pass as amended and re-refer to Com. on APPR. (Ayes 5. Noes 0. Page 578.) (March 28).
upper
Feb 15, 2023
Committee
Referred to Com. on PUB S.
upper
Feb 8, 2023
Introduced
Introduced. Read first time. To Com. on RLS. for assignment. To print.
upper
1 primary · 0 co-sponsors

Sponsors

Role
Legislator
Party
State
District
P
Photo of Richard Roth
Richard Roth
DDemocratic
CA
31