Bill Text: CA SB1306 | 2017-2018 | Regular Session | Introduced

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Bill Title: Competence to stand trial.

Spectrum: Partisan Bill (Republican 1-0)

Status: (Introduced - Dead) 2018-03-01 - Referred to Com. on RLS. [SB1306 Detail]

Download: California-2017-SB1306-Introduced.html

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CALIFORNIA LEGISLATURE— 2017–2018 REGULAR SESSION

Senate Bill

No. 1306

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Introduced by Senator Cannella

February 16, 2018

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An act to amend Section 1367 of the Penal Code, relating to criminal procedure.

LEGISLATIVE COUNSEL'S DIGEST

SB 1306, as introduced, Cannella. Competence to stand trial.

Existing law prohibits a person from being tried or adjudged to punishment, or from having his or her probation, mandatory supervision, postrelease community supervision, or parole revoked, while that person is mentally incompetent.

This bill would make technical, nonsubstantive changes to these provisions.

Digest Key

Vote: MAJORITY   Appropriation: NO   Fiscal Committee: NO   Local Program: NO  

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Bill Text

The people of the State of California do enact as follows:

SECTION 1.

 Section 1367 of the Penal Code is amended to read:

1367.

 (a) A person cannot shall not be tried or tried, adjudged to punishment punishment, or have his or her probation, mandatory supervision, postrelease community supervision, or parole revoked revoked, while that person is mentally incompetent. A defendant is mentally incompetent for purposes of this chapter if, as a result of mental disorder or developmental disability, the defendant is unable to understand the nature of the criminal proceedings or to assist counsel in the conduct of a defense in a rational manner.

(b) (1) Section 1370 shall apply applies to a person who is charged with a felony or alleged to have violated the terms of probation for a felony or mandatory supervision and is incompetent as a result of a mental disorder. Section

(2) Section 1370.01 shall apply applies to a person who is charged with a misdemeanor or misdemeanors only, or a violation of formal or informal probation for a misdemeanor, and the judge finds reason to believe that the defendant is mentally disordered, and may, as a result of the mental disorder, be incompetent to stand trial. Section

(3) Section 1370.1 shall apply to a person who is incompetent as a result of a developmental disability and shall apply to a person who is incompetent as a result of a mental disorder, but disorder and who is also developmentally disabled. Section

(4) Section 1370.02 shall apply applies to a person alleged to have violated the terms of his or her postrelease community supervision or parole.