California 2015-2016 Regular Session Status: Enacted

SB 453 — Prisons: involuntary medication.

Last action — Chaptered by Secretary of State. Chapter 260, Statutes of 2015.

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

This bill has been enacted into law. Introduced February 25, 2015. 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 7 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. Under existing law, if consent for antipsychotic medication is withdrawn or if the treating psychiatrist later determines that antipsychotic medication is medically necessary and appropriate, the treating psychiatrist is required to make efforts to obtain consent for that 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 the treating psychiatrist, if he or she determines that there is a need, based on preserving rapport with the patient or preventing harm, to request that the facility medical director designate another psychiatrist to act in the place of the treating psychiatrist for purposes of seeking an order for involuntary medication. If the medical director of the facility designates another psychiatrist to act, this bill would require the treating psychiatrist to brief the acting psychiatrist of the relevant facts of the case and would require the acting psychiatrist to examine the patient prior to the hearing.

Bill Text

Action History

  1. Chaptered by Secretary of State. Chapter 260, Statutes of 2015.

  2. Approved by the Governor.

  3. Enrolled and presented to the Governor at 3:45 p.m.

  4. Assembly amendments concurred in. (Ayes 40. Noes 0. Page 2206.) Ordered to engrossing and enrolling.

  5. Ordered to special consent calendar.

  6. In Senate. Concurrence in Assembly amendments pending.

  7. Read third time. Passed. (Ayes 79. Noes 0. Page 2534.) Ordered to the Senate.

  8. Read second time. Ordered to consent calendar.

  9. From committee: Do pass. Ordered to consent calendar. (Ayes 16. Noes 0.) (July 15).

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

  11. From committee: Do pass as amended and re-refer to Com. on APPR. (Ayes 14. Noes 0.) (July 7).

  12. Read second time and amended. Re-referred to Com. on B. & P.

  13. From committee: Do pass as amended and re-refer to Com. on B. & P. with recommendation: To consent calendar. (Ayes 7. Noes 0.) (June 16).

  14. Referred to Coms. on PUB. S. and B. & P.

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

  16. Read third time. Passed. (Ayes 36. Noes 0. Page 1021.) Ordered to the Assembly.

  17. Read second time. Ordered to third reading.

  18. From committee: Be ordered to second reading pursuant to Senate Rule 28.8.

  19. Set for hearing May 11.

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

  21. From committee: Do pass as amended and re-refer to Com. on APPR. (Ayes 7. Noes 0. Page 730.) (April 21).

  22. Set for hearing April 21.

  23. From committee with author's amendments. Read second time and amended. Re-referred to Com. on PUB. S.

  24. April 7 hearing postponed by committee.

  25. Set for hearing April 7.

  26. Referred to Com. on PUB. S.

  27. From printer. May be acted upon on or after March 28.

  28. Introduced. Read first time. To Com. on RLS. for assignment. To print.

Sponsors

  • Pan · Primary

Sponsorship breakdown

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

Sponsors (1)

  • Pan

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

Special Consent #7

Passed 40 Yea · 0 Nay
Party YeaNayPresentNot Voting
Unaffiliated 37000
Democratic 3000
Total 40000
% of votes cast 100%0%0%0%
How each member voted (40)
Member Party Vote
Anderson — Yea
Block — Yea
Hernandez — Yea
Mendoza — Yea
Vidak — Yea
Wieckowski — Yea
Wolk — Yea
Galgiani — Yea
Allen — Yea
Mitchell — Yea
De León — Yea
Runner — Yea
Glazer — Yea
Cannella — Yea
Hall — Yea
Bates — Yea
Beall — Yea
Hancock — Yea
Hertzberg — Yea
Hill — Yea
Hueso — Yea
Huff — Yea
Lara — Yea
Leno — Yea
Leyva — Yea
Liu — Yea
Monning — Yea
Moorlach — Yea
Morrell — Yea
Nielsen — Yea
Pan — Yea
Pavley — Yea
Roth — Yea
Fuller — Yea
Beth Gaines — Yea
Bill Berryhill — Yea
Mark Stone — Yea
Jackson, Corey A. Democratic Yea
McGuire, Mike Democratic Yea
Nguyen, Stephanie Democratic Yea

Official roll call →

SB 453 Pan Consent Calendar Second Day

Passed 79 Yea · 0 Nay · 1 Other
Party YeaNayPresentNot Voting
Unaffiliated 70001
Democratic 4000
Republican 5000
Total 79001
% of votes cast 99%0%0%1%
How each member voted (80)
Member Party Vote
Achadjian — Yea
Alejo — Yea
Bloom — Yea
Brough — Yea
Brown — Yea
Holden — Yea
Levine — Yea
Maienschein — Yea
Mathis — Yea
Mayes — Yea
Medina — Yea
Mullin — Yea
O'Donnell — Yea
Ridley-Thomas — Yea
Santiago — Yea
Thurmond — Yea
Waldron — Yea
Williams — Yea
Wood — Yea
Eggman — Yea
Cooper — Yea
Daly — Yea
Salas — Yea
Gatto — Yea
Burke — Yea
Gomez — Yea
Gordon — Yea
Chang — Yea
Harper — Yea
Jones-Sawyer — Yea
Gray — Yea
Kim — Yea
Atkins — Yea
Chau — Yea
Baker — Yea
Bigelow — Yea
Chiu — Yea
Chávez — Yea
Cooley — Yea
Dababneh — Yea
Dodd — Yea
Linder — Yea
Low — Yea
McCarty — Yea
Melendez — Yea
Nazarian — Yea
Obernolte — Yea
Olsen — Yea
Perea — Yea
Rendon — Yea
Rodriguez — Yea
Steinorth — Yea
Wagner — Yea
Weber — Yea
Wilk — Yea
Bonilla — Yea
Lopez — Yea
Campos — Yea
Hadley — Yea
Chu — Not Voting
Quirk — Yea
Ting — Yea
Frazier — Yea
Beth Gaines — Yea
Cristina Garcia — Yea
Eduardo Garcia — Yea
Jim Patterson — Yea
Lorena Gonzalez — Yea
Mark Stone — Yea
Roger Hernández — Yea
Travis Allen — Yea
Bonta, Mia Democratic Yea
Calderon, Lisa Democratic Yea
Gipson, Mike A. Democratic Yea
Irwin, Jacqui Democratic Yea
Dahle, Megan Republican Yea
Gallagher, James Republican Yea
Grove, Shannon Republican Yea
Jones, Brian W. Republican Yea
Lackey, Tom Republican Yea

Official roll call →

Do pass. To Consent Calendar.

Passed 16 Yea · 0 Nay · 1 Other
Party YeaNayPresentNot Voting
Unaffiliated 12001
Democratic 2000
Republican 2000
Total 16001
% of votes cast 94%0%0%6%
How each member voted (17)
Member Party Vote
Bloom — Yea
Quirk — Yea
Weber — Yea
Eggman — Yea
Gomez — Yea
Chang — Yea
Bigelow — Yea
Daly — Yea
Holden — Not Voting
Rendon — Yea
Wagner — Yea
Wood — Yea
Eduardo Garcia — Yea
Bonta, Mia Democratic Yea
Calderon, Lisa Democratic Yea
Gallagher, James Republican Yea
Jones, Brian W. Republican Yea

Official roll call →

3rd Reading

Passed 36 Yea · 0 Nay · 3 Other
Party YeaNayPresentNot Voting
Unaffiliated 33003
Democratic 3000
Total 36003
% of votes cast 92%0%0%8%
How each member voted (39)
Member Party Vote
Block — Yea
Hernandez — Yea
Huff — Yea
Leyva — Yea
Monning — Yea
Nielsen — Yea
Fuller — Yea
Allen — Yea
Galgiani — Yea
Mitchell — Yea
De León — Yea
Runner — Yea
Cannella — Yea
Hancock — Yea
Hertzberg — Yea
Hill — Yea
Hueso — Yea
Anderson — Yea
Bates — Yea
Beall — Yea
Lara — Yea
Leno — Yea
Liu — Yea
Mendoza — Yea
Moorlach — Yea
Morrell — Yea
Pan — Yea
Pavley — Not Voting
Roth — Yea
Vidak — Yea
Wieckowski — Yea
Wolk — Yea
Hall — Not Voting
Beth Gaines — Yea
Bill Berryhill — Not Voting
Mark Stone — Yea
Jackson, Corey A. Democratic Yea
McGuire, Mike Democratic Yea
Nguyen, Stephanie Democratic Yea

Official roll call →

Subjects

public-safety healthcare
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 SB 453 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. Under existing law, if consent for antipsychotic medication is withdrawn or if the treating psychiatrist later determines that antipsychotic medication is medically necessary and appropriate, the treating psychiatrist is required to make efforts to obtain consent for that 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 the treating psychiatrist, if he or she determines that there is a need, based on preserving rapport with the patient or preventing harm, to request that the facility medical director designate another psychiatrist to act in the place of the treating psychiatrist for purposes of seeking an order for involuntary medication. If the medical director of the facility designates another psychiatrist to act, this bill would require the treating psychiatrist to brief the acting psychiatrist of the relevant facts of the case and would require the acting psychiatrist to examine the patient prior to the hearing.
Who sponsors SB 453?
SB 453 is sponsored by Pan.
What is the current status of SB 453?
This bill has been enacted into law. Introduced February 25, 2015. Enacted.
Where can I track SB 453?
Track SB 453 free on One Click Politics — get push/email alerts when it moves.

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