Loading chat...

CA AB2547

Bill

Status

Failed

5/24/2024

Primary Sponsor

Tri Ta

Click for details

Origin

State Assembly

2023-2024 Session

AI Summary

  • Removes the court's option to dismiss charges when a defendant is found mentally incompetent on a misdemeanor charge, and instead requires the court to hold a diversion hearing.

  • Mandates that if a defendant is ineligible for diversion, the court must hold a hearing to determine which of four actions to take: modify the treatment plan, refer to assisted outpatient treatment, refer for conservatorship proceedings, or refer to the CARE program.

  • Requires the diversion hearing to be held within 30 days of the incompetence finding, with the defendant released on their own recognizance if the hearing is delayed beyond 30 days.

  • Authorizes parties to request and courts to order re-evaluation of the defendant's competency during the pendency of these proceedings.

  • Applies only to misdemeanor offenses as specified in Section 1367(b) of the Penal Code.

Legislative Description

Criminal procedure: competence to stand trial.

Last Action

From committee: Without further action pursuant to Joint Rule 62(a).

5/24/2024

Committee Referrals

Public Safety3/21/2024

Full Bill Text

No bill text available