California 2013-2014 Regular Session Status: Enacted 1 D cosponsors

AB 2186 — Defendants: competency.

Last action — Chaptered by Secretary of State - Chapter 733, Statutes of 2014.

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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 20, 2014. Enacted.

Prognosis

Likely to advance 74% · 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.

  • 2 sponsors

    1 primary, 1 co-sponsors signed on.

  • Single-party support

    Sponsorship is currently within one party (1 D).

  • 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 law provides that if a defendant in a criminal proceeding is found mentally incompetent, the trial or judgment shall be suspended until the person becomes mentally competent. Existing law provides that the court shall order that the mentally incompetent defendant be delivered by the sheriff to a state hospital for the care and treatment of the mentally disordered, as directed by the State Department of State Hospitals, or to any other available public or private treatment facility approved by the community program director that will promote the defendant's speedy restoration to mental competence, or placed on outpatient status as specified. Existing law further specifies commitment proceedings to include circumstances for the voluntary and involuntary administration of antipsychotic medication. This bill would require the court to consider opinions developed by examining medical professionals during the inquiry determining mental competence when the court is determining if the defendant lacks the capacity to make decisions regarding the administration of antipsychotic medication. Existing law provides that if the treating psychiatrist certifies that antipsychotic medication has become medically necessary and appropriate for the defendant, antipsychotic medication may be administered to the defendant for a maximum of 21 days, provided, however, that, within 72 hours of the certification, the defendant is provided a medication review hearing before an administrative law judge to be conducted at the facility where the defendant is receiving treatment. This bill would authorize a court to extend the administrative law judge's order authorizing involuntary medication for 14 days beyond the 21-day certification period upon a finding of good cause or by stipulation of the parties. The bill would authorize the district attorney, county counsel, or representative of any facility where a defendant found incompetent to stand trial is committed, to petition the court for an order to administer involuntary medication. Existing law provides that an order by the court authorizing involuntary medication of the defendant is valid for one year. Existing law requires the court to review the order 6 months after it is made to determine if the grounds for the authorization remain. Existing law requires the medical director of the state hospital or other treatment facility to which the defendant is confined to make a written report to the court and the community program director for the county or region of commitment, or a designee, concerning the defendant's progress toward recovery of mental competence, within 90 days of commitment, and thereafter, at 6-month intervals or until the defendant becomes mentally competent. This bill would require the court to review its order authorizing involuntary medication at the time of review of the initial progress report and in conjunction with the 6-month intervals described above. The bill would provide that within 60 days of the expiration of the one-year involuntary medication order, the district attorney, county counsel, or representative of the facility where the defendant is being treated may petition the committing court for a one-year renewal, and would require the petition to include the basis for involuntary medication. The bill would require notice of the petition to the defendant, the defendant's attorney, and the district attorney, and would require the court to hear and determine whether the defendant continues to meet the criteria for involuntary medication. The bill would require the 90-day and 6-month reports described above regarding progress towards competence to also address whether the administration of antipsychotic medication remains necessary. This bill would incorporate additional changes to Section 1370 of the Penal Code, proposed by AB 2625 and SB 1412, that would become operative only if this bill and either or both of those bills are enacted and become effective January 1, 2015, and this bill is enacted last.

Bill Text

Action History

  1. Chaptered by Secretary of State - Chapter 733, Statutes of 2014.

  2. Approved by the Governor.

  3. Enrolled and presented to the Governor at 3:30 p.m.

  4. Senate amendments concurred in. To Engrossing and Enrolling. (Ayes 79. Noes 0. Page 6475.).

  5. Assembly Rule 77 suspended. (Page 6444.)

  6. In Assembly. Concurrence in Senate amendments pending. May be considered on or after August 27 pursuant to Assembly Rule 77.

  7. Read third time. Passed. Ordered to the Assembly. (Ayes 35. Noes 0. Page 4821.).

  8. Read second time. Ordered to third reading.

  9. Read third time and amended. Ordered to second reading.

  10. Read second time. Ordered to third reading.

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

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

  13. From committee: Do pass as amended and re-refer to Com. on APPR. (Ayes 6. Noes 0.) (June 10).

  14. Referred to Com. on PUB. S.

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

  16. Read third time. Passed. Ordered to the Senate. (Ayes 74. Noes 0. Page 4837.)

  17. Read second time. Ordered to third reading.

  18. From committee: Do pass. (Ayes 16. Noes 0.) (April 30).

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

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

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

  22. Referred to Com. on PUB. S.

  23. From printer. May be heard in committee March 23.

  24. Read first time. To print.

Sponsors

Sponsorship breakdown

Export CSV (upgrade) →

1 sponsors · 1 co-sponsors · 120 not signed on

Sponsors (1)

Co-sponsors (1)

  • Anderson

Not signed on (120)

120 members have not signed on to this bill.

Show all 120 →

"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 2186 LOWENTHAL Concurrence in Senate Amendments

Passed 79 Yea · 0 Nay
Party YeaNayPresentNot Voting
Unaffiliated 72000
Republican 3000
Democratic 4000
Total 79000
% of votes cast 100%0%0%0%
How each member voted (79)
Member Party Vote
Harkey — Yea
Linder — Yea
Logue — Yea
Maienschein — Yea
Mansoor — Yea
Nazarian — Yea
Perea — Yea
Rendon — Yea
Skinner — Yea
Wagner — Yea
Buchanan — Yea
Daly — Yea
Campos — Yea
Chávez — Yea
Allen — Yea
Conway — Yea
Bonilla — Yea
Frazier — Yea
Holden — Yea
Mullin — Yea
Olsen — Yea
Quirk — Yea
Rodriguez — Yea
Cooley — Yea
Dickinson — Yea
Donnelly — Yea
Eggman — Yea
Ting — Yea
Weber — Yea
Wieckowski — Yea
Wilk — Yea
Achadjian — Yea
Alejo — Yea
Ammiano — Yea
Bloom — Yea
Brown — Yea
Chau — Yea
Chesbro — Yea
Dababneh — Yea
Gomez — Yea
Hagman — Yea
Hall — Yea
Jones-Sawyer — Yea
Levine — Yea
Yamada — Yea
Gray — Yea
Medina — Yea
Melendez — Yea
Bocanegra — Yea
John A. Pérez — Yea
Salas — Yea
Lowenthal — Yea
Nestande — Yea
Garcia — Yea
Pan — Yea
Atkins — Yea
Fong — Yea
Ridley-Thomas — Yea
Waldron — Yea
Williams — Yea
Bigelow — Yea
Bradford — Yea
Fox — Yea
Gatto — Yea
Gordon — Yea
Gorell — Yea
Beth Gaines — Yea
Jim Patterson — Yea
Lorena Gonzalez — Yea
Mark Stone — Yea
Roger Hernández — Yea
V. Manuel Pérez — Yea
Bonta, Mia Democratic Yea
Calderon, Lisa Democratic Yea
Muratsuchi, Al Democratic Yea
Quirk-Silva, Sharon Democratic Yea
Dahle, Megan Republican Yea
Grove, Shannon Republican Yea
Jones, Brian W. Republican Yea

Official roll call →

3rd Reading AB2186 Lowenthal By Anderson

Passed 35 Yea · 0 Nay · 5 Other
Party YeaNayPresentNot Voting
Unaffiliated 33004
Democratic 2001
Total 35005
% of votes cast 88%0%0%13%
How each member voted (40)
Member Party Vote
Anderson — Yea
Beall — Yea
Knight — Yea
Lieu — Yea
Nielsen — Yea
Walters — Yea
Corbett — Yea
Wyland — Yea
Evans — Yea
Cannella — Yea
Mitchell — Yea
De León — Yea
Hueso — Yea
Huff — Yea
Block — Yea
Correa — Yea
DeSaulnier — Yea
Lara — Yea
Leno — Yea
Liu — Yea
Morrell — Yea
Roth — Yea
Steinberg — Yea
Torres — Yea
Wright — Not Voting
Hancock — Not Voting
Hernandez — Not Voting
Hill — Yea
Monning — Yea
Pavley — Yea
Vidak — Yea
Wolk — Yea
Fuller — Yea
Galgiani — Yea
Yee — Not Voting
Beth Gaines — Yea
Bill Berryhill — Yea
Calderon, Lisa Democratic Not Voting
Jackson, Corey A. Democratic Yea
Padilla, Stephen C. Democratic Yea

Official roll call →

AB 2186 LOWENTHAL Assembly Third Reading

Passed 74 Yea · 0 Nay · 5 Other
Party YeaNayPresentNot Voting
Unaffiliated 67005
Democratic 4000
Republican 3000
Total 74005
% of votes cast 94%0%0%6%
How each member voted (79)
Member Party Vote
Achadjian — Yea
Alejo — Yea
Bloom — Yea
Bradford — Yea
Brown — Yea
Buchanan — Yea
Holden — Yea
Linder — Yea
Mansoor — Not Voting
Olsen — Yea
Perea — Yea
Rendon — Yea
Skinner — Yea
Waldron — Yea
Wilk — Yea
Campos — Yea
Allen — Yea
Lowenthal — Yea
Gatto — Yea
Garcia — Yea
Gomez — Yea
Gray — Yea
Atkins — Yea
Gordon — Yea
Fong — Yea
Chesbro — Yea
Chávez — Yea
Bonilla — Yea
Hall — Yea
Harkey — Yea
Chau — Yea
Conway — Yea
Donnelly — Not Voting
Eggman — Not Voting
Jones-Sawyer — Yea
Levine — Yea
Bocanegra — Yea
Logue — Yea
John A. Pérez — Yea
Maienschein — Yea
Salas — Yea
Medina — Yea
Ammiano — Yea
Bigelow — Yea
Cooley — Yea
Dababneh — Yea
Daly — Yea
Dickinson — Yea
Melendez — Yea
Mullin — Yea
Nazarian — Yea
Nestande — Yea
Pan — Yea
Quirk — Yea
Ridley-Thomas — Yea
Rodriguez — Yea
Ting — Yea
Wagner — Yea
Weber — Yea
Wieckowski — Yea
Williams — Yea
Fox — Yea
Frazier — Yea
Yamada — Yea
Gorell — Not Voting
Hagman — Yea
Beth Gaines — Yea
Jim Patterson — Yea
Lorena Gonzalez — Yea
Mark Stone — Yea
Roger Hernández — Yea
V. Manuel Pérez — Not Voting
Bonta, Mia Democratic Yea
Calderon, Lisa Democratic Yea
Muratsuchi, Al Democratic Yea
Quirk-Silva, Sharon Democratic Yea
Dahle, Megan Republican Yea
Grove, Shannon Republican Yea
Jones, Brian W. Republican Yea

Official roll call →

Do pass.

Passed 16 Yea · 0 Nay · 1 Other
Party YeaNayPresentNot Voting
Unaffiliated 14001
Republican 1000
Democratic 1000
Total 16001
% of votes cast 94%0%0%6%
How each member voted (17)
Member Party Vote
Bigelow — Yea
Bradford — Yea
Holden — Yea
Linder — Yea
Pan — Yea
Campos — Yea
Bocanegra — Yea
Gatto — Yea
Gomez — Yea
Donnelly — Not Voting
Eggman — Yea
Quirk — Yea
Ridley-Thomas — Yea
Wagner — Yea
Weber — Yea
Calderon, Lisa Democratic Yea
Jones, Brian W. Republican Yea

Official roll call →

Subjects

public-safety civil-rights health-insurance
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Frequently asked questions

What does AB 2186 do?
Existing law provides that if a defendant in a criminal proceeding is found mentally incompetent, the trial or judgment shall be suspended until the person becomes mentally competent. Existing law provides that the court shall order that the mentally incompetent defendant be delivered by the sheriff to a state hospital for the care and treatment of the mentally disordered, as directed by the State Department of State Hospitals, or to any other available public or private treatment facility approved by the community program director that will promote the defendant's speedy restoration to mental competence, or placed on outpatient status as specified. Existing law further specifies commitment proceedings to include circumstances for the voluntary and involuntary administration of antipsychotic medication. This bill would require the court to consider opinions developed by examining medical professionals during the inquiry determining mental competence when the court is determining if the defendant lacks the capacity to make decisions regarding the administration of antipsychotic medication. Existing law provides that if the treating psychiatrist certifies that antipsychotic medication has become medically necessary and appropriate for the defendant, antipsychotic medication may be administered to the defendant for a maximum of 21 days, provided, however, that, within 72 hours of the certification, the defendant is provided a medication review hearing before an administrative law judge to be conducted at the facility where the defendant is receiving treatment. This bill would authorize a court to extend the administrative law judge's order authorizing involuntary medication for 14 days beyond the 21-day certification period upon a finding of good cause or by stipulation of the parties. The bill would authorize the district attorney, county counsel, or representative of any facility where a defendant found incompetent to stand trial is committed, to petition the court for an order to administer involuntary medication. Existing law provides that an order by the court authorizing involuntary medication of the defendant is valid for one year. Existing law requires the court to review the order 6 months after it is made to determine if the grounds for the authorization remain. Existing law requires the medical director of the state hospital or other treatment facility to which the defendant is confined to make a written report to the court and the community program director for the county or region of commitment, or a designee, concerning the defendant's progress toward recovery of mental competence, within 90 days of commitment, and thereafter, at 6-month intervals or until the defendant becomes mentally competent. This bill would require the court to review its order authorizing involuntary medication at the time of review of the initial progress report and in conjunction with the 6-month intervals described above. The bill would provide that within 60 days of the expiration of the one-year involuntary medication order, the district attorney, county counsel, or representative of the facility where the defendant is being treated may petition the committing court for a one-year renewal, and would require the petition to include the basis for involuntary medication. The bill would require notice of the petition to the defendant, the defendant's attorney, and the district attorney, and would require the court to hear and determine whether the defendant continues to meet the criteria for involuntary medication. The bill would require the 90-day and 6-month reports described above regarding progress towards competence to also address whether the administration of antipsychotic medication remains necessary. This bill would incorporate additional changes to Section 1370 of the Penal Code, proposed by AB 2625 and SB 1412, that would become operative only if this bill and either or both of those bills are enacted and become effective January 1, 2015, and this bill is enacted last.
Who sponsors AB 2186?
AB 2186 is sponsored by Anderson and Lowenthal, Josh (Democratic).
What is the current status of AB 2186?
This bill has been enacted into law. Introduced February 20, 2014. Enacted.
Where can I track AB 2186?
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