California 2017-2018 Regular Session Status: To Executive

AB 935 — Juvenile proceedings: competency.

Last action — Stricken from file.

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

This bill died with 2017-2018 Regular Session. It reached “To Executive” 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This bill is no longer active — its legislative session has ended, so there is no live prognosis.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 authorizes, during the pendency of any juvenile proceeding, the minor's counsel or the court to express a doubt as to the minor's competency. Existing law requires proceedings to be suspended if the court finds substantial evidence raises a doubt as to the minor's competency. Upon suspension of proceedings, existing law requires the court to order that the question of the minor's competence be determined at a hearing. Existing law requires the court to appoint an expert, as specified, to evaluate whether the minor suffers from a mental disorder, developmental disability, developmental immaturity, or other condition and, if so, whether the condition or conditions impair the minor's competency. This bill would revise and recast these provisions to, among other things, expand upon the duties imposed upon the expert during his or her evaluation of a minor whose competency is in doubt, as specified. The bill would authorize the district attorney or minor's counsel to retain or seek the appointment of additional qualified experts with regard to determining competency, as specified. The bill would require the Judicial Council to adopt a rule of court relating to the qualifications of those experts, as specified. The bill would require the minor's competency to be determined at an evidentiary hearing, except as specified, and establish a presumption of competency, unless it is proven by a preponderance of the evidence that he or she is incompetent. If the minor is found incompetent and the petition contains only misdemeanor offenses, the bill would require the petition to be dismissed. The bill would require the court, upon a finding of incompetency, to refer the minor to services designed to help the minor attain competency. If the court finds that the minor will not achieve competency within 6 months, the bill would require the court to dismiss the petition. The bill would authorize the court to invite specified persons and agencies to discuss any services that may be available to the minor after the court's jurisdiction is terminated, and would require the court to make certain referrals for the minor. The bill would require, among others, the presiding judge of a juvenile court, the probation department, and the county mental health department to develop a written protocol describing the competency process and a program to ensure that minors who are found incompetent receive appropriate remediation services. The bill would prohibit secure confinement from extending beyond 6 months from the finding of incompetence, however, under specified conditions, the bill would authorize the court to order secure confinement for an additional 6 months, not exceeding one year. The bill would prohibit the total remediation period from exceeding one year from the finding of incompetence. By imposing additional duties on local officials, this bill would impose a state-mandated local program. The California Constitution requires the state to reimburse local agencies and school districts for certain costs mandated by the state. Statutory provisions establish procedures for making that reimbursement. This bill would provide that with regard to certain mandates no reimbursement is required by this act for a specified reason. With regard to any other mandates, this bill would provide that, if the Commission on State Mandates determines that the bill contains costs so mandated by the state, reimbursement for those costs shall be made pursuant to the statutory provisions noted above.

Bill Text

Action History

  1. Stricken from file.

  2. Consideration of Governor's veto pending.

  3. Vetoed by Governor.

  4. Enrolled and presented to the Governor at 4:30 p.m.

  5. Senate amendments concurred in. To Engrossing and Enrolling. (Ayes 70. Noes 2. Page 3317.).

  6. Assembly Rule 77(a) suspended. (Ayes 54. Noes 25. Page 3255.)

  7. In Assembly. Concurrence in Senate amendments pending. May be considered on or after September 15 pursuant to Assembly Rule 77.

  8. Read third time. Passed. Ordered to the Assembly. (Ayes 33. Noes 6. Page 2783.).

  9. Read second time. Ordered to third reading.

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

  11. Read second time. Ordered to third reading.

  12. Read second time and amended. Ordered returned to second reading.

  13. From committee: Amend, and do pass as amended. (Ayes 5. Noes 2.) (September 1).

  14. In committee: Referred to APPR. suspense file.

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

  16. From committee: Amend, and do pass as amended and re-refer to Com. on APPR. (Ayes 5. Noes 0.) (July 11).

  17. 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.

  18. Referred to Com. on PUB. S.

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

  20. Read third time. Passed. Ordered to the Senate. (Ayes 68. Noes 1. Page 1964.)

  21. Read second time. Ordered to third reading.

  22. Assembly Rule 63 suspended. (Ayes 52. Noes 24. Page 1776.)

  23. Read second time and amended. Ordered returned to second reading.

  24. From committee: Amend, and do pass as amended. (Ayes 11. Noes 0.) (May 26).

  25. In committee: Set, first hearing. Referred to APPR. suspense file.

  26. Re-referred to Com. on APPR.

  27. Read second time and amended.

  28. From committee: Amend, and do pass as amended and re-refer to Com. on APPR. (Ayes 7. Noes 0.) (April 25).

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

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

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

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

  33. Referred to Com. on PUB. S.

  34. From printer. May be heard in committee March 19.

  35. Read first time. To print.

Sponsors

Sponsorship breakdown

Export CSV (upgrade) →

1 sponsors · 0 co-sponsors · 121 not signed on · 3 voted No

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

AB 935 Mark Stone Concurrence in Senate Amendments

Passed 70 Yea · 2 Nay · 7 Other
Party YeaNayPresentNot Voting
Unaffiliated 50206
Democratic 14001
Republican 6000
Total 70207
% of votes cast 89%3%0%9%
How each member voted (79)
Member Party Vote
Acosta — Yea
Baker — Yea
Bigelow — Yea
Bloom — Yea
Brough — Yea
Harper — Not Voting
Levine — Yea
Low — Yea
Mathis — Yea
Quirk — Yea
Santiago — Yea
Ting — Yea
Weber — Yea
Eggman — Yea
Frazier — Yea
Burke — Yea
Gloria — Yea
Gonzalez Fletcher — Yea
Mayes — Yea
Medina — Yea
Fong — Yea
Salas — Yea
Mullin — Yea
Nazarian — Yea
Gray — Yea
Bocanegra — Yea
Chau — Yea
Chu — Yea
Rodriguez — Yea
Thurmond — Yea
Voepel — Yea
Wood — Yea
Friedman — Yea
Holden — Not Voting
Rubio — Not Voting
Jones-Sawyer — Yea
Kiley — Not Voting
Maienschein — Yea
Chiu — Yea
Chávez — Yea
Cooley — Yea
Cooper — Not Voting
McCarty — Yea
Melendez — Nay
O'Donnell — Yea
Obernolte — Not Voting
Rendon — Yea
Ridley-Thomas — Yea
Steinorth — Yea
Waldron — Yea
Cunningham — Yea
Dababneh — Yea
Daly — Yea
Cristina Garcia — Yea
Eduardo Garcia — Yea
Jim Patterson — Yea
Mark Stone — Yea
Travis Allen — Nay
Aguiar-Curry, Cecilia M. Democratic Yea
Arambula, Joaquin Democratic Yea
Berman, Marc Democratic Yea
Bonta, Mia Democratic Yea
Caballero, Anna M. Democratic Yea
Calderon, Lisa Democratic Yea
Cervantes, Sabrina Democratic Yea
Gipson, Mike A. Democratic Yea
Grayson, Timothy S. Democratic Yea
Irwin, Jacqui Democratic Yea
Kalra, Ash Democratic Yea
Limón, Monique Democratic Yea
Muratsuchi, Al Democratic Not Voting
Quirk-Silva, Sharon Democratic Yea
Reyes, Eloise Gómez Democratic Yea
Chen, Phillip Republican Yea
Choi, Steven S. Republican Yea
Dahle, Megan Republican Yea
Flora, Heath Republican Yea
Gallagher, James Republican Yea
Lackey, Tom Republican Yea

Official roll call →

3rd Reading AB935 Mark Stone By Mitchell

Passed 33 Yea · 6 Nay · 1 Other
Party YeaNayPresentNot Voting
Unaffiliated 29501
Democratic 4100
Total 33601
% of votes cast 83%15%0%3%
How each member voted (40)
Member Party Vote
Hernandez — Yea
Lara — Yea
Mendoza — Yea
Moorlach — Yea
Nielsen — Yea
Skinner — Yea
Bates — Nay
Cannella — Yea
Morrell — Nay
Roth — Yea
Vidak — Nay
Dodd — Yea
Hill — Yea
Portantino — Yea
Wilk — Yea
Hertzberg — Yea
Hueso — Yea
Leyva — Yea
Monning — Yea
Mitchell — Yea
De León — Yea
Allen — Yea
Atkins — Yea
Newman — Yea
Pan — Yea
Wieckowski — Yea
Anderson — Yea
Beall — Yea
Bradford — Yea
Fuller — Not Voting
Galgiani — Yea
Glazer — Yea
Beth Gaines — Nay
Bill Berryhill — Yea
Mark Stone — Nay
Jackson, Corey A. Democratic Yea
McGuire, Mike Democratic Yea
Nguyen, Stephanie Democratic Nay
Stern, Henry I. Democratic Yea
Wiener, Scott D. Democratic Yea

Official roll call →

Do pass as amended

Passed 5 Yea · 2 Nay
Party YeaNayPresentNot Voting
Unaffiliated 4200
Democratic 1000
Total 5200
% of votes cast 71%29%0%0%
How each member voted (7)
Member Party Vote
Bates — Nay
Beall — Yea
Hill — Yea
Bradford — Yea
Lara — Yea
Nielsen — Nay
Wiener, Scott D. Democratic Yea

Official roll call →

Placed on suspense file

Passed 7 Yea · 0 Nay
Party YeaNayPresentNot Voting
Unaffiliated 6000
Democratic 1000
Total 7000
% of votes cast 100%0%0%0%
How each member voted (7)
Member Party Vote
Lara — Yea
Hill — Yea
Nielsen — Yea
Bates — Yea
Beall — Yea
Bradford — Yea
Wiener, Scott D. Democratic Yea

Official roll call →

AB 935 STONE Assembly Third Reading

Passed 68 Yea · 1 Nay · 11 Other
Party YeaNayPresentNot Voting
Unaffiliated 50106
Democratic 15001
Republican 3004
Total 681011
% of votes cast 85%1%0%14%
How each member voted (80)
Member Party Vote
Acosta — Yea
Bigelow — Not Voting
Bloom — Yea
Brough — Yea
Holden — Yea
Maienschein — Yea
Mathis — Yea
Obernolte — Not Voting
Quirk — Yea
Santiago — Yea
Ting — Yea
Weber — Yea
Chau — Yea
Gonzalez Fletcher — Yea
Burke — Yea
Salas — Yea
Frazier — Yea
Gray — Yea
Bocanegra — Yea
Gloria — Yea
Rubio — Yea
Harper — Yea
Jones-Sawyer — Yea
Kiley — Not Voting
Levine — Yea
Low — Yea
Mayes — Yea
McCarty — Yea
Baker — Yea
Chiu — Yea
Chu — Yea
Chávez — Yea
Cooley — Yea
Medina — Yea
Melendez — Not Voting
Mullin — Yea
Nazarian — Yea
O'Donnell — Yea
Rendon — Yea
Ridley-Thomas — Yea
Rodriguez — Yea
Steinorth — Yea
Thurmond — Yea
Voepel — Yea
Waldron — Yea
Wood — Yea
Cooper — Not Voting
Eggman — Not Voting
Cunningham — Yea
Dababneh — Yea
Daly — Yea
Friedman — Yea
Gomez — Yea
Cristina Garcia — Yea
Eduardo Garcia — Yea
Mark Stone — Yea
Travis Allen — Nay
Aguiar-Curry, Cecilia M. Democratic Yea
Arambula, Joaquin Democratic Yea
Berman, Marc Democratic Yea
Bonta, Mia Democratic Yea
Caballero, Anna M. Democratic Yea
Calderon, Lisa Democratic Yea
Cervantes, Sabrina Democratic Yea
Fong, Mike Democratic Yea
Gipson, Mike A. Democratic Yea
Grayson, Timothy S. Democratic Yea
Irwin, Jacqui Democratic Yea
Kalra, Ash Democratic Yea
Limón, Monique Democratic Yea
Muratsuchi, Al Democratic Not Voting
Quirk-Silva, Sharon Democratic Yea
Reyes, Eloise Gómez Democratic Yea
Chen, Phillip Republican Not Voting
Choi, Steven S. Republican Not Voting
Dahle, Megan Republican Yea
Flora, Heath Republican Yea
Gallagher, James Republican Not Voting
Lackey, Tom Republican Yea
Patterson, Joe Republican Not Voting

Official roll call →

Do pass as amended.

Passed 11 Yea · 0 Nay · 6 Other
Party YeaNayPresentNot Voting
Unaffiliated 8003
Democratic 3002
Republican 0001
Total 11006
% of votes cast 65%0%0%35%
How each member voted (17)
Member Party Vote
Bigelow — Not Voting
Bloom — Yea
Brough — Not Voting
Quirk — Yea
Friedman — Yea
McCarty — Yea
Gonzalez Fletcher — Yea
Gray — Yea
Bocanegra — Yea
Obernolte — Not Voting
Eduardo Garcia — Yea
Bonta, Mia Democratic Yea
Calderon, Lisa Democratic Yea
Fong, Mike Democratic Not Voting
Muratsuchi, Al Democratic Not Voting
Reyes, Eloise Gómez Democratic Yea
Gallagher, James Republican 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 935 do?
Existing law authorizes, during the pendency of any juvenile proceeding, the minor's counsel or the court to express a doubt as to the minor's competency. Existing law requires proceedings to be suspended if the court finds substantial evidence raises a doubt as to the minor's competency. Upon suspension of proceedings, existing law requires the court to order that the question of the minor's competence be determined at a hearing. Existing law requires the court to appoint an expert, as specified, to evaluate whether the minor suffers from a mental disorder, developmental disability, developmental immaturity, or other condition and, if so, whether the condition or conditions impair the minor's competency. This bill would revise and recast these provisions to, among other things, expand upon the duties imposed upon the expert during his or her evaluation of a minor whose competency is in doubt, as specified. The bill would authorize the district attorney or minor's counsel to retain or seek the appointment of additional qualified experts with regard to determining competency, as specified. The bill would require the Judicial Council to adopt a rule of court relating to the qualifications of those experts, as specified. The bill would require the minor's competency to be determined at an evidentiary hearing, except as specified, and establish a presumption of competency, unless it is proven by a preponderance of the evidence that he or she is incompetent. If the minor is found incompetent and the petition contains only misdemeanor offenses, the bill would require the petition to be dismissed. The bill would require the court, upon a finding of incompetency, to refer the minor to services designed to help the minor attain competency. If the court finds that the minor will not achieve competency within 6 months, the bill would require the court to dismiss the petition. The bill would authorize the court to invite specified persons and agencies to discuss any services that may be available to the minor after the court's jurisdiction is terminated, and would require the court to make certain referrals for the minor. The bill would require, among others, the presiding judge of a juvenile court, the probation department, and the county mental health department to develop a written protocol describing the competency process and a program to ensure that minors who are found incompetent receive appropriate remediation services. The bill would prohibit secure confinement from extending beyond 6 months from the finding of incompetence, however, under specified conditions, the bill would authorize the court to order secure confinement for an additional 6 months, not exceeding one year. The bill would prohibit the total remediation period from exceeding one year from the finding of incompetence. By imposing additional duties on local officials, this bill would impose a state-mandated local program. The California Constitution requires the state to reimburse local agencies and school districts for certain costs mandated by the state. Statutory provisions establish procedures for making that reimbursement. This bill would provide that with regard to certain mandates no reimbursement is required by this act for a specified reason. With regard to any other mandates, this bill would provide that, if the Commission on State Mandates determines that the bill contains costs so mandated by the state, reimbursement for those costs shall be made pursuant to the statutory provisions noted above.
Who sponsors AB 935?
AB 935 is sponsored by Mark Stone.
What is the current status of AB 935?
This bill died with 2017-2018 Regular Session. It reached “To Executive” 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 935?
Track AB 935 free on One Click Politics — get push/email alerts when it moves.

Make your voice heard on AB 935

Find the representatives who decide this bill and tell them where you stand — for yourself, or mobilize your whole list in one click with One Click Politics advocacy software.

Find my representatives → Run a campaign

Stay ahead of AB 935

Last checked for changes 2 months ago · updated continuously

One Click Politics tracks every bill in Congress and all 50 states.

Track this bill →