California 2023-2024 Regular Session Status: In Committee 1 D cosponsors

AB 1822 — Criminal defendant: mental competency to stand trial.

Last action — From committee: Without further action pursuant to Joint Rule 62(a).

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  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 2023-2024 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This bill is no longer active — its legislative session has ended, so there is no live prognosis.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 prohibits a person from being tried or adjudged to punishment while that person is mentally incompetent. Under existing law, a defendant is mentally incompetent if, as a result of mental disorder or developmental disability, they are unable to understand the nature of the criminal proceedings or to assist counsel in the conduct of a defense in a rational manner. If a person is incompetent as a result of a mental health disorder and charged with a misdemeanor or misdemeanors only, existing law authorizes a court to conduct a hearing to determine if the person is eligible for diversion, as specified, or dismiss the charges against the person. If the person is charged with a felony or alleged to have violated the terms of probation for a felony or mandatory supervision, the court must instead order the person be delivered to a mental health treatment facility, as specified, or make a finding that the person is eligible for diversion, as specified. Existing law, the Sex Offender Registration Act, requires a person convicted of certain crimes to register with law enforcement as a sex offender while residing in California or while attending school or working in California, as specified. This bill would make the incompetence provisions for a person who is mentally incompetent and charged with a misdemeanor that requires registration as a sex offender the same as those for a person who is charged with a felony.

Bill Text

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Action History

  1. From committee: Without further action pursuant to Joint Rule 62(a).

  2. In committee: Set, final hearing. Hearing canceled at the request of author.

  3. In committee: Set, second hearing. Hearing canceled at the request of author.

  4. In committee: Set, first hearing. Hearing canceled at the request of author.

  5. Referred to Com. on PUB. S.

  6. From printer. May be heard in committee February 11.

  7. Read first time. To print.

Sponsors

Sponsorship breakdown

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

Sponsors (1)

Co-sponsors (0)

None.

Not signed on (121)

121 members have not signed on to this bill.

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"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

Subjects

public-safety civil-rights
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Frequently asked questions

What does AB 1822 do?
Existing law prohibits a person from being tried or adjudged to punishment while that person is mentally incompetent. Under existing law, a defendant is mentally incompetent if, as a result of mental disorder or developmental disability, they are unable to understand the nature of the criminal proceedings or to assist counsel in the conduct of a defense in a rational manner. If a person is incompetent as a result of a mental health disorder and charged with a misdemeanor or misdemeanors only, existing law authorizes a court to conduct a hearing to determine if the person is eligible for diversion, as specified, or dismiss the charges against the person. If the person is charged with a felony or alleged to have violated the terms of probation for a felony or mandatory supervision, the court must instead order the person be delivered to a mental health treatment facility, as specified, or make a finding that the person is eligible for diversion, as specified. Existing law, the Sex Offender Registration Act, requires a person convicted of certain crimes to register with law enforcement as a sex offender while residing in California or while attending school or working in California, as specified. This bill would make the incompetence provisions for a person who is mentally incompetent and charged with a misdemeanor that requires registration as a sex offender the same as those for a person who is charged with a felony.
Who sponsors AB 1822?
AB 1822 is sponsored by Connolly, Damon (Democratic).
What is the current status of AB 1822?
This bill died with 2023-2024 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 1822?
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