Criminal procedure: competence to stand trial.
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AB 2547 — Criminal procedure: competence to stand trial.
Last action — From committee: Without further action pursuant to Joint Rule 62(a).
No card. One bill, free forever — alerts when it moves.
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✓Introduced
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2In Committee
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3Passed Assembly
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4Passed Senate
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5To Executive
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6Enacted
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This bill is no longer active — its legislative session has ended, so there is no live prognosis.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. Existing law establishes a process by which a defendant's mental competency is evaluated and if the defendant is found incompetent to stand trial, the proceedings are suspended while the defendant receives treatment, with the goal of restoring the defendant to competency. Existing law, in the case of a misdemeanor charge in which the defendant is found incompetent, requires the court to either dismiss the case or hold a hearing to determine if the defendant is eligible for diversion. Under existing law, if the defendant not eligible for diversion, the court may hold another hearing to decide if the defendant should be referred for outpatient treatment, conservatorship, or the Community Assistance, Recovery, and Empowerment (CARE) program, or if the defendant's treatment plan should be modified. This bill would remove the option for the court to dismiss the case and would instead require the court to hold a hearing to determine if the defendant is eligible for diversion. If the defendant is not eligible for diversion, the bill would require the court to hold a hearing to determine whether the defendant will be referred to outpatient treatment, conservatorship, or the CARE program, or if the defendant's treatment plan will be modified. The bill would authorize a party to request and a court to order a re-evaluation of the defendant's competency during the pendency of these proceedings.
Bill Text
- Amended 03/21/24 - Amended Assembly Current pdf March 21, 2024
- Introduced 02/14/24 - Introduced pdf February 14, 2024
- AB2547 View text html
Action History
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From committee: Without further action pursuant to Joint Rule 62(a).
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In committee: Set, first hearing. Failed passage.
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Re-referred to Com. on PUB. S.
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From committee chair, with author's amendments: Amend, and re-refer to Com. on PUB. S. Read second time and amended.
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Referred to Com. on PUB. S.
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From printer. May be heard in committee March 16.
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Read first time. To print.
Sponsors
- Tri Ta · Primary
Sponsorship breakdown
Export CSV (upgrade) →1 sponsors · 0 co-sponsors · 121 not signed on
Sponsors (1)
- Ta, Tri Republican
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.
Votes
| Party | Yea | Nay | Present | Not Voting |
|---|---|---|---|---|
| Republican | 2 | 0 | 0 | 0 |
| Democratic | 0 | 0 | 0 | 4 |
| Unaffiliated | 0 | 0 | 0 | 2 |
| Total | 2 | 0 | 0 | 6 |
| % of votes cast | 25% | 0% | 0% | 75% |
How each member voted (8)
| Member | Party | Vote |
|---|---|---|
| Ting | — | Not Voting |
| McCarty | — | Not Voting |
| Nguyen, Stephanie | Democratic | Not Voting |
| Reyes, Eloise Gómez | Democratic | Not Voting |
| Wilson, Lori D. | Democratic | Not Voting |
| Zbur, Rick Chavez | Democratic | Not Voting |
| Alanis, Juan | Republican | Yea |
| Lackey, Tom | Republican | Yea |
Subjects
Frequently asked questions
- What does AB 2547 do?
- Existing law prohibits a person from being tried or adjudged to punishment while that person is mentally incompetent. Existing law establishes a process by which a defendant's mental competency is evaluated and if the defendant is found incompetent to stand trial, the proceedings are suspended while the defendant receives treatment, with the goal of restoring the defendant to competency. Existing law, in the case of a misdemeanor charge in which the defendant is found incompetent, requires the court to either dismiss the case or hold a hearing to determine if the defendant is eligible for diversion. Under existing law, if the defendant not eligible for diversion, the court may hold another hearing to decide if the defendant should be referred for outpatient treatment, conservatorship, or the Community Assistance, Recovery, and Empowerment (CARE) program, or if the defendant's treatment plan should be modified. This bill would remove the option for the court to dismiss the case and would instead require the court to hold a hearing to determine if the defendant is eligible for diversion. If the defendant is not eligible for diversion, the bill would require the court to hold a hearing to determine whether the defendant will be referred to outpatient treatment, conservatorship, or the CARE program, or if the defendant's treatment plan will be modified. The bill would authorize a party to request and a court to order a re-evaluation of the defendant's competency during the pendency of these proceedings.
- Who sponsors AB 2547?
- AB 2547 is sponsored by Ta, Tri (Republican).
- What is the current status of AB 2547?
- 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 2547?
- Track AB 2547 free on One Click Politics — get push/email alerts when it moves.
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Last checked for changes 3 months ago · updated continuously
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