CALIFORNIA LEGISLATURE 20232024 REGULAR SESSION Assembly Bill No. 1584Introduced by Assembly Member WeberFebruary 17, 2023 An act to amend Section 1369.5 of the Penal Code, relating to criminal procedure. LEGISLATIVE COUNSEL'S DIGESTAB 1584, as introduced, Weber. Criminal procedure: mental competence.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. Existing law makes all documents submitted to a court pursuant to this process presumptively confidential, except as otherwise provided by law, requires the documents to be retained in the confidential portion of the courts file, and requires counsel for the defendant and the prosecution to maintain the documents as confidential. Existing law requires a motion, application, or petition to access the documents to be decided according to specified court rules.This bill would make a technical, nonsubstantive change to these provisions.Digest Key Vote: MAJORITY Appropriation: NO Fiscal Committee: NO Local Program: NO Bill TextThe people of the State of California do enact as follows:SECTION 1. Section 1369.5 of the Penal Code is amended to read:1369.5. (a) A document submitted to a court pursuant to this chapter, including, but not limited to, Sections 1369, 1370, 1370.01, 1370.1, and 1372, is presumptively confidential, except as otherwise provided by law.(b) A document 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 documents as confidential.(c) (1) The defendant, counsel for the defendant, and the prosecution may inspect, copy, or utilize the documents, and any information contained in the documents, without an order from the court for purposes related to the defense, prosecution, treatment, and safety of the defendant, and for the safety of the public.(2) A motion, application, or petition to access the documents shall be decided in accordance with pursuant to subdivision (h) of Rule 2.551 of the California Rules of Court.
CALIFORNIA LEGISLATURE 20232024 REGULAR SESSION Assembly Bill No. 1584Introduced by Assembly Member WeberFebruary 17, 2023 An act to amend Section 1369.5 of the Penal Code, relating to criminal procedure. LEGISLATIVE COUNSEL'S DIGESTAB 1584, as introduced, Weber. Criminal procedure: mental competence.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. Existing law makes all documents submitted to a court pursuant to this process presumptively confidential, except as otherwise provided by law, requires the documents to be retained in the confidential portion of the courts file, and requires counsel for the defendant and the prosecution to maintain the documents as confidential. Existing law requires a motion, application, or petition to access the documents to be decided according to specified court rules.This bill would make a technical, nonsubstantive change to these provisions.Digest Key Vote: MAJORITY Appropriation: NO Fiscal Committee: NO Local Program: NO
CALIFORNIA LEGISLATURE 20232024 REGULAR SESSION
Assembly Bill
No. 1584
Introduced by Assembly Member WeberFebruary 17, 2023
Introduced by Assembly Member Weber
February 17, 2023
An act to amend Section 1369.5 of the Penal Code, relating to criminal procedure.
LEGISLATIVE COUNSEL'S DIGEST
## LEGISLATIVE COUNSEL'S DIGEST
AB 1584, as introduced, Weber. Criminal procedure: mental competence.
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. Existing law makes all documents submitted to a court pursuant to this process presumptively confidential, except as otherwise provided by law, requires the documents to be retained in the confidential portion of the courts file, and requires counsel for the defendant and the prosecution to maintain the documents as confidential. Existing law requires a motion, application, or petition to access the documents to be decided according to specified court rules.This bill would make a technical, nonsubstantive change to these provisions.
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. Existing law makes all documents submitted to a court pursuant to this process presumptively confidential, except as otherwise provided by law, requires the documents to be retained in the confidential portion of the courts file, and requires counsel for the defendant and the prosecution to maintain the documents as confidential. Existing law requires a motion, application, or petition to access the documents to be decided according to specified court rules.
This bill would make a technical, nonsubstantive change to these provisions.
## Digest Key
## Bill Text
The people of the State of California do enact as follows:SECTION 1. Section 1369.5 of the Penal Code is amended to read:1369.5. (a) A document submitted to a court pursuant to this chapter, including, but not limited to, Sections 1369, 1370, 1370.01, 1370.1, and 1372, is presumptively confidential, except as otherwise provided by law.(b) A document 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 documents as confidential.(c) (1) The defendant, counsel for the defendant, and the prosecution may inspect, copy, or utilize the documents, and any information contained in the documents, without an order from the court for purposes related to the defense, prosecution, treatment, and safety of the defendant, and for the safety of the public.(2) A motion, application, or petition to access the documents shall be decided in accordance with pursuant to subdivision (h) of Rule 2.551 of the California Rules of Court.
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 of the Penal Code is amended to read:1369.5. (a) A document submitted to a court pursuant to this chapter, including, but not limited to, Sections 1369, 1370, 1370.01, 1370.1, and 1372, is presumptively confidential, except as otherwise provided by law.(b) A document 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 documents as confidential.(c) (1) The defendant, counsel for the defendant, and the prosecution may inspect, copy, or utilize the documents, and any information contained in the documents, without an order from the court for purposes related to the defense, prosecution, treatment, and safety of the defendant, and for the safety of the public.(2) A motion, application, or petition to access the documents shall be decided in accordance with pursuant to subdivision (h) of Rule 2.551 of the California Rules of Court.
SECTION 1. Section 1369.5 of the Penal Code is amended to read:
### SECTION 1.
1369.5. (a) A document submitted to a court pursuant to this chapter, including, but not limited to, Sections 1369, 1370, 1370.01, 1370.1, and 1372, is presumptively confidential, except as otherwise provided by law.(b) A document 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 documents as confidential.(c) (1) The defendant, counsel for the defendant, and the prosecution may inspect, copy, or utilize the documents, and any information contained in the documents, without an order from the court for purposes related to the defense, prosecution, treatment, and safety of the defendant, and for the safety of the public.(2) A motion, application, or petition to access the documents shall be decided in accordance with pursuant to subdivision (h) of Rule 2.551 of the California Rules of Court.
1369.5. (a) A document submitted to a court pursuant to this chapter, including, but not limited to, Sections 1369, 1370, 1370.01, 1370.1, and 1372, is presumptively confidential, except as otherwise provided by law.(b) A document 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 documents as confidential.(c) (1) The defendant, counsel for the defendant, and the prosecution may inspect, copy, or utilize the documents, and any information contained in the documents, without an order from the court for purposes related to the defense, prosecution, treatment, and safety of the defendant, and for the safety of the public.(2) A motion, application, or petition to access the documents shall be decided in accordance with pursuant to subdivision (h) of Rule 2.551 of the California Rules of Court.
1369.5. (a) A document submitted to a court pursuant to this chapter, including, but not limited to, Sections 1369, 1370, 1370.01, 1370.1, and 1372, is presumptively confidential, except as otherwise provided by law.(b) A document 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 documents as confidential.(c) (1) The defendant, counsel for the defendant, and the prosecution may inspect, copy, or utilize the documents, and any information contained in the documents, without an order from the court for purposes related to the defense, prosecution, treatment, and safety of the defendant, and for the safety of the public.(2) A motion, application, or petition to access the documents shall be decided in accordance with pursuant to subdivision (h) of Rule 2.551 of the California Rules of Court.
1369.5. (a) A document submitted to a court pursuant to this chapter, including, but not limited to, Sections 1369, 1370, 1370.01, 1370.1, and 1372, is presumptively confidential, except as otherwise provided by law.
(b) A document 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 documents as confidential.
(c) (1) The defendant, counsel for the defendant, and the prosecution may inspect, copy, or utilize the documents, and any information contained in the documents, without an order from the court for purposes related to the defense, prosecution, treatment, and safety of the defendant, and for the safety of the public.
(2) A motion, application, or petition to access the documents shall be decided in accordance with pursuant to subdivision (h) of Rule 2.551 of the California Rules of Court.