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CA SB349
Bill
AI Summary
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Clarifies that a certificate of restoration of mental competence applies to any pending felony case against the defendant in the same county at the time of restoration, subject to exceptions for substantial changes in circumstances, new evidence of incompetency, or facts unrelated to the specific felony case.
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Limits the presumption of restoration to felony actions for which the defendant has been committed for restoration treatment pursuant to Section 1370 pending in the same county.
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Removes prior language presuming competence questions apply to all pending felony cases in a county and eliminates provisions requiring courts to retain jurisdiction over all such cases for competence determinations.
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Requires courts to base rejection of a certificate of restoration on a written report from a licensed psychologist or psychiatrist conducted after the certificate is filed and in compliance with Section 1369.
Legislative Description
Criminal procedure: competence to stand trial.
Last Action
Returned to Chief Clerk pursuant to Joint Rule 62(a).
6/4/2024