California 2009-2010 Regular Session Status: Enacted

AB 2212 — Minors: mental competency.

Last action — Chaptered by Secretary of State - Chapter 671, Statutes of 2010.

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

This bill has been enacted into law. Introduced February 18, 2010. Enacted.

Prognosis

Likely to advance 70% · moderate confidence

Where this bill stands today.

Odds of enactment

High

How often bills like it became law.

  • Enacted

    Current position in the legislative process.

  • 1 sponsor

    1 primary, 0 co-sponsors signed on.

  • Cleared a recorded vote

    Passed 6 recorded votes so far.

Prognosis reads this bill's own signals — stage, sponsorship breadth, committee status, recorded votes and cross-state momentum. Odds come from a model trained on which bills have become law.

Summary

Existing statutory law, in counties that agree to be subject to these provisions pursuant to a resolution adopted by the board of supervisors, provides that when it appears to the court, or upon request of the prosecutor or counsel, that a minor who is alleged to come within the jurisdiction of the juvenile court as a person who is or may be found to be a ward of the juvenile court may have a serious mental disorder, is seriously emotionally disturbed, or has a developmental disability, the court may order that the minor be referred for evaluation by a licensed mental health professional. Existing court rules provide that if the court finds that there is reason to doubt that a child who is the subject of a petition to declare the child a ward of the juvenile court is capable of understanding the proceedings or of cooperating with the child's attorney, the court is required to stay the proceedings and conduct a hearing regarding the child's competence. If the court believes that a child who comes within that description is mentally disabled or may be mentally ill, the court may stay the proceedings and order that the child be taken to a facility for an evaluation, as specified. This bill would authorize, during the pendency of any juvenile proceeding, the minor's counsel or the court to express a doubt as to the minor's competency. The bill would provide that a minor is incompetent to proceed if he or she lacks sufficient present ability to consult with counsel and assist in preparing his or her defense with a reasonable degree of rational understanding, or lacks a rational as well as factual understanding, of the nature of the charges or proceedings against him or her. The bill would require proceedings to be suspended if the court finds substantial evidence raises a doubt as to the minor's competency. The bill would require the court to appoint an expert, as specified, to evaluate whether the minor suffers from a mental disorder, developmental disability, or developmental immaturity, or other condition and, if so, whether the condition impairs the minor's competency. The bill would require the Judicial Council to develop and adopt rules to implement these requirements. The bill would require that, if the minor is found to be incompetent by a preponderance of the evidence, all proceedings remain suspended to determine whether there is a substantial probability that the minor will attain competency in the foreseeable future or the court no longer retains jurisdiction.

Bill Text

Action History

  1. Chaptered by Secretary of State - Chapter 671, Statutes of 2010.

  2. Approved by the Governor.

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

  4. Senate amendments concurred in. To enrollment. (Ayes 76. Noes 0. Page 6302.)

  5. In Assembly. Concurrence in Senate amendments pending. May be considered on or after August 13 pursuant to Assembly Rule 77.

  6. Read third time, passed, and to Assembly. (Ayes 33. Noes 0. Page 4459.)

  7. Read second time. To third reading.

  8. Read third time, amended. To second reading.

  9. Read second time. To third reading.

  10. From committee: Be placed on second reading file pursuant to Senate Rule 28.8.

  11. From committee: Do pass, and re-refer to Com. on APPR. Re-referred. (Ayes 7. Noes 0.) (June 22).

  12. From committee chair, with author's amendments: Amend, and re-refer to committee. Read second time, amended, and re-referred to Com. on PUB. S.

  13. Referred to Com. on PUB. S.

  14. In Senate. Read first time. To Com. on RLS. for assignment.

  15. Read third time, passed, and to Senate. (Ayes 74. Noes 0. Page 5051.)

  16. Read second time. To Consent Calendar.

  17. From committee: Do pass. To Consent Calendar. (April 28).

  18. Re-referred to Com. on APPR.

  19. From committee chair, with author's amendments: Amend, and re-refer to Com. on APPR. Read second time and amended.

  20. From committee: Do pass, and re-refer to Com. on APPR. Re-referred. (Ayes 7. Noes 0.) (April 13).

  21. Re-referred to Com. on PUB. S.

  22. From committee chair, with author's amendments: Amend, and re-refer to Com. on PUB. S. Read second time and amended.

  23. Referred to Com. on PUB. S.

  24. From printer. May be heard in committee March 21.

  25. Read first time. To print.

Sponsors

  • Fuentes · Primary

Sponsorship breakdown

Export CSV (upgrade) →

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

Sponsors (1)

  • Fuentes

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

AB 2212 FUENTES Concurrence in Senate Amendments

Passed 86 Yea · 0 Nay · 5 Other
Party YeaNayPresentNot Voting
Unaffiliated 81004
Democratic 2001
Republican 3000
Total 86005
% of votes cast 95%0%0%5%
How each member voted (91)
Member Party Vote
Fong — Yea
Carter — Yea
Chesbro — Yea
Conway — Yea
Cook — Yea
Coto — Yea
Davis — Yea
DeVore — Yea
Bill — Yea
Evans — Yea
Feuer — Yea
De — Yea
La — Yea
Torre — Yea
De — Yea
Leon — Yea
Fletcher — Yea
Anderson — Yea
Beall — Yea
Yamada — Yea
Bonnie — Yea
Lowenthal — Yea
V. — Yea
Manuel — Yea
Perez — Yea
Portantino — Yea
Salas — Yea
Saldana — Yea
Audra — Yea
John — Yea
A. — Yea
Perez — Yea
Tom — Not Voting
Charles — Not Voting
Galgiani — Yea
Garrick — Yea
Gilmore — Yea
Hagman — Yea
Hall — Yea
Harkey — Yea
Hernandez — Yea
Hill — Yea
Jeffries — Yea
Knight — Yea
Logue — Yea
Mendoza — Yea
Miller — Yea
Monning — Yea
Nestande — Yea
Norby — Yea
Ruskin — Yea
Solorio — Yea
Swanson — Yea
Torlakson — Yea
Torres — Yea
Tran — Yea
Adams — Yea
Ammiano — Yea
Bass — Yea
Blakeslee — Not Voting
Block — Yea
Blumenfield — Yea
Bradford — Yea
Brownley — Yea
Buchanan — Yea
Hayashi — Yea
Huber — Yea
Huffman — Yea
Lieu — Yea
Ma — Yea
Nava — Yea
Nielsen — Yea
Silva — Yea
Skinner — Yea
Smyth — Yea
Torrico — Yea
Villines — Yea
Eng — Yea
Fuentes — Yea
Fuller — Yea
Furutani — Yea
Gatto — Yea
Beth Gaines — Yea
Bill Berryhill — Yea
Bill Berryhill — Not Voting
Arambula, Joaquin Democratic Yea
Caballero, Anna M. Democratic Yea
Calderon, Lisa Democratic Not Voting
Jones, Brian W. Republican Yea
Niello, Roger W. Republican Yea
Strickland, Tony Republican Yea

Official roll call →

Assembly 3rd Reading AB2212 Fuentes By DeSaulnier

Passed 34 Yea · 0 Nay · 5 Other
Party YeaNayPresentNot Voting
Unaffiliated 32004
Republican 1000
Democratic 1001
Total 34005
% of votes cast 87%0%0%13%
How each member voted (39)
Member Party Vote
Yee — Yea
Cogdill — Yea
Corbett — Yea
Hancock — Yea
Lowenthal — Yea
Negrete — Yea
Runner — Yea
Hollingsworth — Yea
Ducheny — Yea
Huff — Yea
Kehoe — Yea
Leno — Yea
Alquist — Yea
Ashburn — Yea
Dutton — Yea
Liu — Yea
McLeod — Yea
Oropeza — Not Voting
Pavley — Yea
Romero — Yea
Simitian — Yea
Steinberg — Yea
Walters — Not Voting
Wolk — Yea
Wright — Yea
Aanestad — Yea
Harman — Yea
Price — Yea
Wiggins — Not Voting
Cedillo — Not Voting
Wyland — Yea
Emmerson — Yea
Correa — Yea
DeSaulnier — Yea
Denham — Yea
Florez — Yea
Calderon, Lisa Democratic Not Voting
Padilla, Stephen C. Democratic Yea
Strickland, Tony Republican Yea

Official roll call →

AB 2212 FUENTES Consent Calendar Second Day Regular Session

Passed 84 Yea · 0 Nay · 7 Other
Party YeaNayPresentNot Voting
Unaffiliated 78007
Democratic 3000
Republican 3000
Total 84007
% of votes cast 92%0%0%8%
How each member voted (91)
Member Party Vote
Carter — Yea
Chesbro — Yea
Conway — Yea
Cook — Yea
Bill — Yea
Tom — Yea
Eng — Yea
Feuer — Yea
Fuentes — Yea
Charles — Yea
Furutani — Yea
Galgiani — Yea
Hagman — Yea
Hall — Yea
Hayashi — Yea
Hernandez — Yea
De — Yea
Leon — Yea
Hill — Yea
Fletcher — Yea
Fong — Yea
Bonnie — Yea
Lowenthal — Yea
V. — Yea
Manuel — Yea
Perez — Yea
Portantino — Yea
Salas — Yea
Saldana — Yea
Ammiano — Yea
Beall — Yea
Blakeslee — Yea
Coto — Yea
Davis — Yea
Huffman — Yea
Jeffries — Yea
Lieu — Yea
Logue — Yea
Miller — Yea
Nava — Yea
Nestande — Yea
Norby — Yea
Ruskin — Yea
Audra — Yea
John — Yea
A. — Yea
Perez — Yea
De — Not Voting
La — Not Voting
Torre — Not Voting
Mendoza — Not Voting
Silva — Yea
Smyth — Yea
Solorio — Yea
Torlakson — Yea
Torres — Yea
Tran — Yea
Villines — Yea
Adams — Yea
Anderson — Yea
Bass — Not Voting
Block — Not Voting
Blumenfield — Yea
Bradford — Yea
Brownley — Yea
Buchanan — Yea
Harkey — Yea
Huber — Yea
Knight — Yea
Ma — Yea
Monning — Yea
Nielsen — Yea
Skinner — Yea
Swanson — Yea
Torrico — Yea
Emmerson — Yea
Evans — Yea
DeVore — Yea
Yamada — Yea
Fuller — Yea
Garrick — Yea
Gilmore — Not Voting
Beth Gaines — Yea
Bill Berryhill — Yea
Bill Berryhill — Yea
Arambula, Joaquin Democratic Yea
Caballero, Anna M. Democratic Yea
Calderon, Lisa Democratic Yea
Jones, Brian W. Republican Yea
Niello, Roger W. Republican Yea
Strickland, Tony Republican Yea

Official roll call →

Do pass, to Consent Calendar.

Passed 16 Yea · 0 Nay · 3 Other
Party YeaNayPresentNot Voting
Unaffiliated 16002
Democratic 0001
Total 16003
% of votes cast 84%0%0%16%
How each member voted (19)
Member Party Vote
Bonnie — Yea
Lowenthal — Yea
Fuentes — Yea
Charles — Not Voting
Hall — Yea
Conway — Yea
Hill — Yea
Bradford — Not Voting
Nielsen — Yea
Norby — Yea
Solorio — Yea
Ammiano — Yea
Harkey — Yea
Miller — Yea
Skinner — Yea
Torlakson — Yea
Coto — Yea
Davis — Yea
Calderon, Lisa Democratic Not Voting

Official roll call →

Subjects

public-safety civil-rights
Cross-referencing the record. Reading this bill against every other bill in the corpus by meaning, not keywords. Only the first open is slow. It’s instant for you after this. Matching · Ranking · Engrossing

Frequently asked questions

What does AB 2212 do?
Existing statutory law, in counties that agree to be subject to these provisions pursuant to a resolution adopted by the board of supervisors, provides that when it appears to the court, or upon request of the prosecutor or counsel, that a minor who is alleged to come within the jurisdiction of the juvenile court as a person who is or may be found to be a ward of the juvenile court may have a serious mental disorder, is seriously emotionally disturbed, or has a developmental disability, the court may order that the minor be referred for evaluation by a licensed mental health professional. Existing court rules provide that if the court finds that there is reason to doubt that a child who is the subject of a petition to declare the child a ward of the juvenile court is capable of understanding the proceedings or of cooperating with the child's attorney, the court is required to stay the proceedings and conduct a hearing regarding the child's competence. If the court believes that a child who comes within that description is mentally disabled or may be mentally ill, the court may stay the proceedings and order that the child be taken to a facility for an evaluation, as specified. This bill would authorize, during the pendency of any juvenile proceeding, the minor's counsel or the court to express a doubt as to the minor's competency. The bill would provide that a minor is incompetent to proceed if he or she lacks sufficient present ability to consult with counsel and assist in preparing his or her defense with a reasonable degree of rational understanding, or lacks a rational as well as factual understanding, of the nature of the charges or proceedings against him or her. The bill would require proceedings to be suspended if the court finds substantial evidence raises a doubt as to the minor's competency. The bill would require the court to appoint an expert, as specified, to evaluate whether the minor suffers from a mental disorder, developmental disability, or developmental immaturity, or other condition and, if so, whether the condition impairs the minor's competency. The bill would require the Judicial Council to develop and adopt rules to implement these requirements. The bill would require that, if the minor is found to be incompetent by a preponderance of the evidence, all proceedings remain suspended to determine whether there is a substantial probability that the minor will attain competency in the foreseeable future or the court no longer retains jurisdiction.
Who sponsors AB 2212?
AB 2212 is sponsored by Fuentes.
What is the current status of AB 2212?
This bill has been enacted into law. Introduced February 18, 2010. Enacted.
Where can I track AB 2212?
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