California 2011-2012 Regular Session Status: In Committee

AB 421 — Mental health: sexually violent predators: civil commitment proceedings.

Last action — From committee: Filed with the Chief Clerk pursuant to Joint Rule 56.

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

This bill died with 2011-2012 Regular Session. It reached “In Committee” and never advanced before the session ended, so it can no longer move — a new version would have to be reintroduced in the current session.

This bill is no longer active — its legislative session has ended, so there is no live prognosis. It would have to be reintroduced in the current session to move again.

Summary

Existing law provides for the civil commitment of criminal offenders who have been determined to be sexually violent predators for treatment in a secure state hospital facility, as specified. Existing law requires the Secretary of the Department of Corrections and Rehabilitation to refer a prisoner for evaluation by the State Department of Mental Health when he or she determines that the person may be a sexually violent predator and specifies the judicial processes necessary for civil commitment as a sexually violent predator, including, but not limited to, the right to a jury trial. Existing law, as amended by Proposition 83 of the November 7, 2006, statewide general election, requires an indeterminate civil commitment for persons who have been determined to be sexually violent predators, requires the Department of Mental Health to file an annual report for a person who has been civilly committed as a sexually violent predator, and sets forth who may receive copies of the report. Proposition 83 permits the Legislature to amend the initiative, either by a 23 vote of the membership of each house, or by majority vote of the membership of each house if the amendments expand the scope of the application of the provisions of the proposition or increase the punishments or penalties provided in the proposition. This bill would allow each side in the jury trial to use 10 peremptory challenges in selecting the jury. The bill would give the county's designated attorney in related proceedings access to all records concerning the person that is the subject of the proceeding, without the necessity of a court order. The bill would make findings regarding the necessity for indeterminate terms for sexually violent predator civil commitment.

Bill Text

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Action History

  1. From committee: Filed with the Chief Clerk pursuant to Joint Rule 56.

  2. Died pursuant to Art. IV, Sec. 10(c) of the Constitution.

  3. In committee: Set first hearing. Failed passage. Reconsideration granted.

  4. Referred to Com. on PUB. S.

  5. From printer. May be heard in committee March 17.

  6. Read first time. To print.

Sponsors

  • Smyth · Primary

Sponsorship breakdown

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

Sponsors (1)

  • Smyth

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.

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Votes

Subjects

public-safety civil-rights healthcare
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Frequently asked questions

What does AB 421 do?
Existing law provides for the civil commitment of criminal offenders who have been determined to be sexually violent predators for treatment in a secure state hospital facility, as specified. Existing law requires the Secretary of the Department of Corrections and Rehabilitation to refer a prisoner for evaluation by the State Department of Mental Health when he or she determines that the person may be a sexually violent predator and specifies the judicial processes necessary for civil commitment as a sexually violent predator, including, but not limited to, the right to a jury trial. Existing law, as amended by Proposition 83 of the November 7, 2006, statewide general election, requires an indeterminate civil commitment for persons who have been determined to be sexually violent predators, requires the Department of Mental Health to file an annual report for a person who has been civilly committed as a sexually violent predator, and sets forth who may receive copies of the report. Proposition 83 permits the Legislature to amend the initiative, either by a 23 vote of the membership of each house, or by majority vote of the membership of each house if the amendments expand the scope of the application of the provisions of the proposition or increase the punishments or penalties provided in the proposition. This bill would allow each side in the jury trial to use 10 peremptory challenges in selecting the jury. The bill would give the county's designated attorney in related proceedings access to all records concerning the person that is the subject of the proceeding, without the necessity of a court order. The bill would make findings regarding the necessity for indeterminate terms for sexually violent predator civil commitment.
Who sponsors AB 421?
AB 421 is sponsored by Smyth.
What is the current status of AB 421?
This bill died with 2011-2012 Regular Session. It reached “In Committee” and never advanced before the session ended, so it can no longer move — a new version would have to be reintroduced in the current session.
Where can I track AB 421?
Track AB 421 free on One Click Politics — get push/email alerts when it moves.

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