CALIFORNIA LEGISLATURE 20192020 REGULAR SESSION Senate Bill No. 557Introduced by Senator JonesFebruary 22, 2019 An act to add Section 1369.5 to the Penal Code, relating to criminal procedure.LEGISLATIVE COUNSEL'S DIGESTSB 557, as introduced, Jones. Criminal proceedings: mental competence: expert reports.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 defendants mental competency is evaluated, which includes requiring the court to appoint a psychiatrist or licensed psychologist, and any other expert whom the court may deem appropriate, to examine the defendant.This bill would make an expert report presumptively confidential, except as otherwise provided by law. The bill would require a report to be retained in the confidential portion of the courts file, and would require counsel for the defendant and the prosecution to maintain the report as confidential. The bill would authorize the court to consider a motion, application, or petition to unseal the report, as specified.Existing constitutional provisions require that a statute that limits the right of access to the meetings of public bodies or the writings of public officials and agencies be adopted with findings demonstrating the interest protected by the limitation and the need for protecting that interest.This bill would make legislative findings to that effect.Digest Key Vote: MAJORITY Appropriation: NO Fiscal Committee: YES Local Program: NO Bill TextThe people of the State of California do enact as follows:SECTION 1. Section 1369.5 is added to the Penal Code, to read:1369.5. (a) A report prepared by a court-appointed psychiatrist, psychologist, or other expert pursuant to this chapter, including, but not limited to, Section 1369, is presumptively confidential, except as otherwise provided by law.(b) A report described in subdivision (a) shall be retained in the confidential portion of the courts file. Counsel for the defendant and the prosecution shall maintain the report as confidential.(c) (1) The defendant, counsel for the defendant, and the prosecution may inspect the report.(2) The court may consider a motion, application, or petition to unseal the report pursuant to subdivision (h) of Rule 2.551 of the California Rules of Court.SEC. 2. The Legislature finds and declares that Section 1 of this act, which adds Section 1369.5 to the Penal Code, imposes a limitation on the publics right of access to the meetings of public bodies or the writings of public officials and agencies within the meaning of Section 3 of Article I of the California Constitution. Pursuant to that constitutional provision, the Legislature makes the following findings to demonstrate the interest protected by this limitation and the need for protecting that interest:In order to protect the privacy of defendants with respect to personal information contained within expert reports that are prepared as part of mental competency examinations, it is necessary that those expert reports be presumptively confidential, except as otherwise provided by law.
CALIFORNIA LEGISLATURE 20192020 REGULAR SESSION Senate Bill No. 557Introduced by Senator JonesFebruary 22, 2019 An act to add Section 1369.5 to the Penal Code, relating to criminal procedure.LEGISLATIVE COUNSEL'S DIGESTSB 557, as introduced, Jones. Criminal proceedings: mental competence: expert reports.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 defendants mental competency is evaluated, which includes requiring the court to appoint a psychiatrist or licensed psychologist, and any other expert whom the court may deem appropriate, to examine the defendant.This bill would make an expert report presumptively confidential, except as otherwise provided by law. The bill would require a report to be retained in the confidential portion of the courts file, and would require counsel for the defendant and the prosecution to maintain the report as confidential. The bill would authorize the court to consider a motion, application, or petition to unseal the report, as specified.Existing constitutional provisions require that a statute that limits the right of access to the meetings of public bodies or the writings of public officials and agencies be adopted with findings demonstrating the interest protected by the limitation and the need for protecting that interest.This bill would make legislative findings to that effect.Digest Key Vote: MAJORITY Appropriation: NO Fiscal Committee: YES Local Program: NO
CALIFORNIA LEGISLATURE 20192020 REGULAR SESSION
Senate Bill No. 557
Introduced by Senator JonesFebruary 22, 2019
Introduced by Senator Jones
February 22, 2019
An act to add Section 1369.5 to the Penal Code, relating to criminal procedure.
LEGISLATIVE COUNSEL'S DIGEST
## LEGISLATIVE COUNSEL'S DIGEST
SB 557, as introduced, Jones. Criminal proceedings: mental competence: expert reports.
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 defendants mental competency is evaluated, which includes requiring the court to appoint a psychiatrist or licensed psychologist, and any other expert whom the court may deem appropriate, to examine the defendant.This bill would make an expert report presumptively confidential, except as otherwise provided by law. The bill would require a report to be retained in the confidential portion of the courts file, and would require counsel for the defendant and the prosecution to maintain the report as confidential. The bill would authorize the court to consider a motion, application, or petition to unseal the report, as specified.Existing constitutional provisions require that a statute that limits the right of access to the meetings of public bodies or the writings of public officials and agencies be adopted with findings demonstrating the interest protected by the limitation and the need for protecting that interest.This bill would make legislative findings to that effect.
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 defendants mental competency is evaluated, which includes requiring the court to appoint a psychiatrist or licensed psychologist, and any other expert whom the court may deem appropriate, to examine the defendant.
This bill would make an expert report presumptively confidential, except as otherwise provided by law. The bill would require a report to be retained in the confidential portion of the courts file, and would require counsel for the defendant and the prosecution to maintain the report as confidential. The bill would authorize the court to consider a motion, application, or petition to unseal the report, as specified.
Existing constitutional provisions require that a statute that limits the right of access to the meetings of public bodies or the writings of public officials and agencies be adopted with findings demonstrating the interest protected by the limitation and the need for protecting that interest.
This bill would make legislative findings to that effect.
## Digest Key
## Bill Text
The people of the State of California do enact as follows:SECTION 1. Section 1369.5 is added to the Penal Code, to read:1369.5. (a) A report prepared by a court-appointed psychiatrist, psychologist, or other expert pursuant to this chapter, including, but not limited to, Section 1369, is presumptively confidential, except as otherwise provided by law.(b) A report described in subdivision (a) shall be retained in the confidential portion of the courts file. Counsel for the defendant and the prosecution shall maintain the report as confidential.(c) (1) The defendant, counsel for the defendant, and the prosecution may inspect the report.(2) The court may consider a motion, application, or petition to unseal the report pursuant to subdivision (h) of Rule 2.551 of the California Rules of Court.SEC. 2. The Legislature finds and declares that Section 1 of this act, which adds Section 1369.5 to the Penal Code, imposes a limitation on the publics right of access to the meetings of public bodies or the writings of public officials and agencies within the meaning of Section 3 of Article I of the California Constitution. Pursuant to that constitutional provision, the Legislature makes the following findings to demonstrate the interest protected by this limitation and the need for protecting that interest:In order to protect the privacy of defendants with respect to personal information contained within expert reports that are prepared as part of mental competency examinations, it is necessary that those expert reports be presumptively confidential, except as otherwise provided by law.
The people of the State of California do enact as follows:
## The people of the State of California do enact as follows:
SECTION 1. Section 1369.5 is added to the Penal Code, to read:1369.5. (a) A report prepared by a court-appointed psychiatrist, psychologist, or other expert pursuant to this chapter, including, but not limited to, Section 1369, is presumptively confidential, except as otherwise provided by law.(b) A report described in subdivision (a) shall be retained in the confidential portion of the courts file. Counsel for the defendant and the prosecution shall maintain the report as confidential.(c) (1) The defendant, counsel for the defendant, and the prosecution may inspect the report.(2) The court may consider a motion, application, or petition to unseal the report pursuant to subdivision (h) of Rule 2.551 of the California Rules of Court.
SECTION 1. Section 1369.5 is added to the Penal Code, to read:
### SECTION 1.
1369.5. (a) A report prepared by a court-appointed psychiatrist, psychologist, or other expert pursuant to this chapter, including, but not limited to, Section 1369, is presumptively confidential, except as otherwise provided by law.(b) A report described in subdivision (a) shall be retained in the confidential portion of the courts file. Counsel for the defendant and the prosecution shall maintain the report as confidential.(c) (1) The defendant, counsel for the defendant, and the prosecution may inspect the report.(2) The court may consider a motion, application, or petition to unseal the report pursuant to subdivision (h) of Rule 2.551 of the California Rules of Court.
1369.5. (a) A report prepared by a court-appointed psychiatrist, psychologist, or other expert pursuant to this chapter, including, but not limited to, Section 1369, is presumptively confidential, except as otherwise provided by law.(b) A report described in subdivision (a) shall be retained in the confidential portion of the courts file. Counsel for the defendant and the prosecution shall maintain the report as confidential.(c) (1) The defendant, counsel for the defendant, and the prosecution may inspect the report.(2) The court may consider a motion, application, or petition to unseal the report pursuant to subdivision (h) of Rule 2.551 of the California Rules of Court.
1369.5. (a) A report prepared by a court-appointed psychiatrist, psychologist, or other expert pursuant to this chapter, including, but not limited to, Section 1369, is presumptively confidential, except as otherwise provided by law.(b) A report described in subdivision (a) shall be retained in the confidential portion of the courts file. Counsel for the defendant and the prosecution shall maintain the report as confidential.(c) (1) The defendant, counsel for the defendant, and the prosecution may inspect the report.(2) The court may consider a motion, application, or petition to unseal the report pursuant to subdivision (h) of Rule 2.551 of the California Rules of Court.
1369.5. (a) A report prepared by a court-appointed psychiatrist, psychologist, or other expert pursuant to this chapter, including, but not limited to, Section 1369, is presumptively confidential, except as otherwise provided by law.
(b) A report described in subdivision (a) shall be retained in the confidential portion of the courts file. Counsel for the defendant and the prosecution shall maintain the report as confidential.
(c) (1) The defendant, counsel for the defendant, and the prosecution may inspect the report.
(2) The court may consider a motion, application, or petition to unseal the report pursuant to subdivision (h) of Rule 2.551 of the California Rules of Court.
SEC. 2. The Legislature finds and declares that Section 1 of this act, which adds Section 1369.5 to the Penal Code, imposes a limitation on the publics right of access to the meetings of public bodies or the writings of public officials and agencies within the meaning of Section 3 of Article I of the California Constitution. Pursuant to that constitutional provision, the Legislature makes the following findings to demonstrate the interest protected by this limitation and the need for protecting that interest:In order to protect the privacy of defendants with respect to personal information contained within expert reports that are prepared as part of mental competency examinations, it is necessary that those expert reports be presumptively confidential, except as otherwise provided by law.
SEC. 2. The Legislature finds and declares that Section 1 of this act, which adds Section 1369.5 to the Penal Code, imposes a limitation on the publics right of access to the meetings of public bodies or the writings of public officials and agencies within the meaning of Section 3 of Article I of the California Constitution. Pursuant to that constitutional provision, the Legislature makes the following findings to demonstrate the interest protected by this limitation and the need for protecting that interest:In order to protect the privacy of defendants with respect to personal information contained within expert reports that are prepared as part of mental competency examinations, it is necessary that those expert reports be presumptively confidential, except as otherwise provided by law.
SEC. 2. The Legislature finds and declares that Section 1 of this act, which adds Section 1369.5 to the Penal Code, imposes a limitation on the publics right of access to the meetings of public bodies or the writings of public officials and agencies within the meaning of Section 3 of Article I of the California Constitution. Pursuant to that constitutional provision, the Legislature makes the following findings to demonstrate the interest protected by this limitation and the need for protecting that interest:
### SEC. 2.
In order to protect the privacy of defendants with respect to personal information contained within expert reports that are prepared as part of mental competency examinations, it is necessary that those expert reports be presumptively confidential, except as otherwise provided by law.