CA AB 2692

Title: Criminal procedure: competence to stand trial.
Author: Diane Papan

Summary
AB 2692, as amended, Papan. Criminal procedure: competence to stand trial. Existing law prohibits a person from being tried or adjudged to punishment while that person is mentally incompetent. Existing law, in the case of a defendant charged with a felony, requires that, upon a finding of mental incompetence, the proceedings be suspended until the defendant regains competence. Existing law establishes the process by which, if the mental competency of a defendant is in doubt, the defendant’s mental competency is evaluated and the defendant receives treatment with the goal of returning the defendant to competency. Existing law prescribes a program of pretrial diversion for defendants with a diagnosed mental disorder whose disorder was a significant factor in the commission of their offense. Under existing law, persons charged with certain offenses, including murder, rape, sexual abuse of a child, and possession of a weapon of mass destruction, are ineligible for diversion.This bill would specify that the diversion period for an incompetent defendant commences when the defendant is admitted to receive treatment and would authorize a court to grant credit toward the period of diversion for time spent in custody or in mental health treatment related to the defendant’s current pending case, as specified.

Status
From committee: Amend, and do pass as amended and re-refer to Com. on APPR. (Ayes 7. Noes 0.) (April 24).

Bill Documents
CA AB 2692 - 04/17/24 - Amended Assembly
04/17/24 - CA AB 2692 (04/17/24 - Amended Assembly)