California 20252026 Regular Session Status: To Executive 1 D cosponsors

SB 1401 — Criminal procedure: competence to stand trial.

Last action — Approved by the Governor.

  1. ✓
    Introduced
  2. ✓
    In Committee
  3. ✓
    Passed Senate
  4. ✓
    Passed Assembly
  5. 5
    To Executive
  6. 6
    Enacted

This bill has been sent to the executive. Introduced February 20, 2026. It awaits signature.

Next likely step: the executive signs it into law or issues a veto.

Odds of enactment

Moderate chance

Based on the sponsor, cosponsors, and committee posture, this bill has a moderate chance of becoming law.

Upgrade to see the exact probability and what's driving it.

A statistical estimate from our own model of past outcomes — an insight, not a guarantee. Policymaking is volatile.

Prognosis

Likely to advance 64% · moderate confidence

  • To Executive

    Current position in the legislative process.

  • 1 sponsor

    1 primary, 0 co-sponsors signed on.

  • Single-party support

    Sponsorship is currently within one party (1 D).

  • Cleared a recorded vote

    Passed 8 recorded votes so far.

Based on stage, sponsorship breadth, committee status, recorded votes, and cross-state momentum — a description of the observable signals, not a prediction.

In plain language

This bill addresses the standards for determining a defendant's competence to stand trial.

The bill establishes criteria for evaluating whether a defendant is mentally fit to face trial. It aims to create a clearer process for courts in making this determination.

Summary

Criminal procedure: competence to stand trial.

Bill Text

Action History

  1. Approved by the Governor.

  2. Enrolled and presented to the Governor at 3 p.m.

  3. Assembly amendments concurred in. (Ayes 39. Noes 0.) Ordered to engrossing and enrolling.

  4. In Senate. Concurrence in Assembly amendments pending.

  5. Read third time. Passed. (Ayes 75. Noes 0. Page 6610.) Ordered to the Senate.

  6. Ordered to third reading.

  7. Read third time and amended.

  8. Assembly Rule 69(b)(1) suspended. (Ayes 55. Noes 17. Page 6296.)

  9. Read second time. Ordered to third reading.

  10. From committee: Do pass. (Ayes 15. Noes 0.) (August 13).

  11. Assembly Rule 63 suspended.

  12. August 5 set for first hearing. Placed on suspense file.

  13. Read second time and amended. Re-referred to Com. on APPR.

  14. From committee: Do pass as amended and re-refer to Com. on APPR. (Ayes 9. Noes 0.) (June 23).

  15. June 9 set for first hearing canceled at the request of author.

  16. Referred to Com. on PUB. S.

  17. In Assembly. Read first time. Held at Desk.

  18. Read third time. Passed. (Ayes 33. Noes 0. Page 4421.) Ordered to the Assembly.

  19. Ordered to special consent calendar.

  20. Read second time. Ordered to third reading.

  21. From committee: Do pass. (Ayes 7. Noes 0. Page 4276.) (May 14).

  22. Set for hearing May 14.

  23. April 27 hearing: Placed on APPR. suspense file.

  24. Set for hearing April 27.

  25. From committee: Do pass and re-refer to Com. on APPR. (Ayes 6. Noes 0. Page 3872.) (April 14). Re-referred to Com. on APPR.

  26. Set for hearing April 14.

  27. Referred to Com. on PUB. S.

  28. Read first time.

  29. From printer. May be acted upon on or after March 23.

  30. Introduced. To Com. on RLS. for assignment. To print.

Sponsors

Sponsorship breakdown

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1 sponsors · 0 co-sponsors · 121 not signed on

Sponsors (1)

Co-sponsors (0)

None.

Not signed on (121)

121 members have not signed on to this bill.

Show all 121 →

"Not signed on" means a member has not sponsored or co-sponsored this bill — it does not imply opposition. Members flagged Voted No have a recorded No vote on this bill.

Whip count is in markup. Polling the chamber and every recorded vote this session. Only the first open is slow. It’s instant for you after this. Calling the roll · Tallying · Engrossing

Votes

Unfinished Business SB1401 Stern Concurrence

Passed 40 Yea · 0 Nay
Party YeaNayPresentNot Voting
Unaffiliated 6000
Republican 9000
Democratic 25000
Total 40000
% of votes cast 100%0%0%0%
How each member voted (40)
Member Party Vote
Allen — Yea
Gonzalez — Yea
Ochoa Bogh — Yea
Pérez — Yea
Rubio — Yea
Weber Pierson — Yea
Archuleta, Bob Democratic Yea
Arreguín, Jesse Democratic Yea
Ashby, Angelique V. Democratic Yea
Becker, Josh Democratic Yea
Blakespear, Catherine S. Democratic Yea
Cabaldon, Christopher Democratic Yea
Caballero, Anna M. Democratic Yea
Cervantes, Sabrina Democratic Yea
Cortese, Dave Democratic Yea
Durazo, Maria Elena Democratic Yea
Grayson, Timothy S. Democratic Yea
Hurtado, Melissa Democratic Yea
Laird, John Democratic Yea
Limón, Monique Democratic Yea
McGuire, Mike Democratic Yea
McNerney, Jerry Democratic Yea
Menjivar, Caroline Democratic Yea
Padilla, Stephen C. Democratic Yea
Reyes, Eloise Gómez Democratic Yea
Richardson, Laura Democratic Yea
Smallwood-Cuevas, Lola Democratic Yea
Stern, Henry I. Democratic Yea
Umberg, Thomas J. Democratic Yea
Wahab, Aisha Democratic Yea
Wiener, Scott D. Democratic Yea
Alvarado-Gil, Marie Republican Yea
Choi, Steven S. Republican Yea
Dahle, Megan Republican Yea
Grove, Shannon Republican Yea
Jones, Brian W. Republican Yea
Niello, Roger W. Republican Yea
Seyarto, Kelly Republican Yea
Strickland, Tony Republican Yea
Valladares, Suzette Martinez Republican Yea

Official roll call →

SB 1401 Stern Senate Third Reading By Schultz

Passed 75 Yea · 0 Nay · 4 Other
Party YeaNayPresentNot Voting
Republican 18000
Democratic 50004
Unaffiliated 7000
Total 75004
% of votes cast 95%0%0%5%
How each member voted (79)
Member Party Vote
Patterson — Yea
Ávila Farías — Yea
Rivas — Yea
Carrillo — Yea
Fong — Yea
Garcia — Yea
Lowenthal — Yea
Addis, Dawn Democratic Yea
Aguiar-Curry, Cecilia M. Democratic Yea
Ahrens, Patrick Democratic Yea
Alvarez, David Democratic Yea
Arambula, Joaquin Democratic Yea
Bains, Jasmeet Democratic Yea
Bauer-Kahan, Rebecca Democratic Yea
Bennett, Steve Democratic Yea
Berman, Marc Democratic Yea
Boerner, Tasha Democratic Yea
Bonta, Mia Democratic Yea
Bryan, Isaac G. Democratic Not Voting
Calderon, Lisa Democratic Yea
Caloza, Jessica Democratic Yea
Connolly, Damon Democratic Yea
Elhawary, Sade Democratic Not Voting
Gabriel, Jesse Democratic Yea
Gipson, Mike A. Democratic Yea
González, Mark Democratic Yea
Haney, Matt Democratic Yea
Harabedian, John Democratic Yea
Hart, Gregg Democratic Yea
Irwin, Jacqui Democratic Yea
Jackson, Corey A. Democratic Yea
Kalra, Ash Democratic Not Voting
Krell, Maggy Democratic Yea
Lee, Alex Democratic Not Voting
McKinnor, Tina Democratic Yea
Muratsuchi, Al Democratic Yea
Nguyen, Stephanie Democratic Yea
Ortega, Liz Democratic Yea
Pacheco, Blanca Democratic Yea
Papan, Diane Democratic Yea
Patel, Darshana R. Democratic Yea
Pellerin, Gail Democratic Yea
Petrie-Norris, Cottie Democratic Yea
Quirk-Silva, Sharon Democratic Yea
Ramos, James C. Democratic Yea
Ransom, Rhodesia Democratic Yea
Rodriguez, Celeste Democratic Yea
Rodriguez, Michelle Democratic Yea
Rogers, Chris Democratic Yea
Rubio, Blanca E. Democratic Yea
Schiavo, Pilar Democratic Yea
Schultz, Nick Democratic Yea
Sharp-Collins, LaShae Democratic Yea
Solache, Jr., José Luis Democratic Yea
Soria, Esmeralda Democratic Yea
Stefani, Catherine Democratic Yea
Valencia, Avelino Democratic Yea
Ward, Christopher M. Democratic Yea
Wicks, Buffy Democratic Yea
Wilson, Lori D. Democratic Yea
Zbur, Rick Chavez Democratic Yea
Alanis, Juan Republican Yea
Castillo, Leticia Republican Yea
Chen, Phillip Republican Yea
Davies, Laurie Republican Yea
DeMaio, Carl Republican Yea
Dixon, Diane Republican Yea
Ellis, Stan Republican Yea
Flora, Heath Republican Yea
Gonzalez, Jeff Republican Yea
Hadwick, Heather Republican Yea
Hoover, Josh Republican Yea
Johnson, Natasha Republican Yea
Lackey, Tom Republican Yea
Macedo, Alexandra Republican Yea
Sanchez, Kate Republican Yea
Ta, Tri Republican Yea
Tangipa, David J. Republican Yea
Wallis, Greg Republican Yea

Official roll call →

Do pass.

Passed 15 Yea · 0 Nay
Party YeaNayPresentNot Voting
Democratic 11000
Republican 4000
Total 15000
% of votes cast 100%0%0%0%
How each member voted (15)
Member Party Vote
Arambula, Joaquin Democratic Yea
Calderon, Lisa Democratic Yea
Caloza, Jessica Democratic Yea
Fong, Mike Democratic Yea
González, Mark Democratic Yea
Krell, Maggy Democratic Yea
Pacheco, Blanca Democratic Yea
Pellerin, Gail Democratic Yea
Sharp-Collins, LaShae Democratic Yea
Solache, Jr., José Luis Democratic Yea
Wicks, Buffy Democratic Yea
Dixon, Diane Republican Yea
Hoover, Josh Republican Yea
Ta, Tri Republican Yea
Tangipa, David J. Republican Yea

Official roll call →

Do pass as amended and be re-referred to the Committee on [Appropriations]

Passed 9 Yea · 0 Nay
Party YeaNayPresentNot Voting
Democratic 7000
Republican 2000
Total 9000
% of votes cast 100%0%0%0%
How each member voted (9)
Member Party Vote
González, Mark Democratic Yea
Haney, Matt Democratic Yea
Harabedian, John Democratic Yea
Nguyen, Stephanie Democratic Yea
Ramos, James C. Democratic Yea
Schultz, Nick Democratic Yea
Sharp-Collins, LaShae Democratic Yea
Alanis, Juan Republican Yea
Lackey, Tom Republican Yea

Official roll call →

Special Consent

Passed 33 Yea · 0 Nay · 7 Other
Party YeaNayPresentNot Voting
Democratic 25005
Republican 8002
Total 33007
% of votes cast 83%0%0%18%
How each member voted (40)
Member Party Vote
Allen, Benjamin Democratic Not Voting
Archuleta, Bob Democratic Yea
Arreguín, Jesse Democratic Yea
Ashby, Angelique V. Democratic Yea
Becker, Josh Democratic Not Voting
Blakespear, Catherine S. Democratic Yea
Cabaldon, Christopher Democratic Yea
Caballero, Anna M. Democratic Yea
Cervantes, Sabrina Democratic Yea
Cortese, Dave Democratic Yea
Durazo, Maria Elena Democratic Yea
Gonzalez, Lena A. Democratic Yea
Grayson, Timothy S. Democratic Yea
Hurtado, Melissa Democratic Not Voting
Laird, John Democratic Yea
Limón, Monique Democratic Yea
McGuire, Mike Democratic Yea
McNerney, Jerry Democratic Yea
Menjivar, Caroline Democratic Yea
Padilla, Stephen C. Democratic Not Voting
Pérez, Sasha Renée Democratic Yea
Reyes, Eloise Gómez Democratic Yea
Richardson, Laura Democratic Yea
Rubio, Susan Democratic Yea
Smallwood-Cuevas, Lola Democratic Yea
Stern, Henry I. Democratic Not Voting
Umberg, Thomas J. Democratic Yea
Wahab, Aisha Democratic Yea
Weber Pierson, M.D., Akilah Democratic Yea
Wiener, Scott D. Democratic Yea
Alvarado-Gil, Marie Republican Not Voting
Choi, Steven S. Republican Yea
Dahle, Megan Republican Yea
Grove, Shannon Republican Yea
Jones, Brian W. Republican Yea
Niello, Roger W. Republican Not Voting
Ochoa Bogh, Rosilicie Republican Yea
Seyarto, Kelly Republican Yea
Strickland, Tony Republican Yea
Valladares, Suzette Martinez Republican Yea

Official roll call →

Subjects

public-safety civil-rights
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Frequently asked questions

What does SB 1401 do?
Criminal procedure: competence to stand trial.
Who sponsors SB 1401?
SB 1401 is sponsored by Stern, Henry I. (Democratic).
What is the current status of SB 1401?
This bill has been sent to the executive. Introduced February 20, 2026. It awaits signature.
Where can I track SB 1401?
Track SB 1401 free on One Click Politics — get push/email alerts when it moves.

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