California 2019-2020 Regular Session

California Assembly Bill AB303

Introduced
1/29/19  
Refer
2/7/19  
Report Pass
4/22/19  
Report Pass
4/22/19  
Refer
4/24/19  
Refer
5/1/19  
Refer
5/1/19  
Report Pass
5/16/19  
Report Pass
5/16/19  
Engrossed
5/22/19  
Engrossed
5/22/19  
Refer
5/23/19  
Refer
5/23/19  
Refer
5/29/19  
Refer
5/29/19  
Report Pass
6/18/19  
Report Pass
6/18/19  
Refer
6/18/19  
Refer
6/18/19  
Refer
7/1/19  
Refer
7/1/19  
Report Pass
8/30/19  
Enrolled
9/9/19  
Enrolled
9/9/19  
Chaptered
10/8/19  
Passed
10/8/19  

Caption

Mental health: sexually violent predators: trial: continuances.

Impact

By streamlining the process for trial continuances, AB 303 aims to facilitate timely adjudication of SVP cases while safeguarding the rights of defendants. The changes may potentially reduce delays in court proceedings related to civil commitments, which have traditionally faced prolonged waiting periods due to complex evaluation and trial processes. Through clearer rules regarding how and when continuances can be requested and granted, the bill seeks to balance the need for expediency with the fundamental rights of those involved in the trials, including access to counsel and expert evaluation.

Summary

Assembly Bill No. 303, introduced by Assemblymember Cervantes, amends Section 6603 of the Welfare and Institutions Code concerning the civil commitment of sexually violent predators (SVPs). The bill establishes explicit procedures for requesting and granting trial continuances in civil commitment cases, enhancing the clarity of the judicial process. Under existing law, certain criminal offenders identified as sexually violent predators can be committed for treatment in secure facilities based on evaluations by the State Department of State Hospitals. This bill aims to improve this framework to ensure fair and efficient trial processes for individuals undergoing such serious legal scrutiny.

Sentiment

Overall, the sentiments surrounding AB 303 are largely supportive among public safety advocates and mental health professionals. They view the bill as a critical reform aimed at addressing systemic delays that can negatively impact both victims and defendants. However, concerns have been raised regarding the implications for defendants in such serious cases, particularly relating to the rights associated with legal representation and the possibility of expedited trials that could sacrifice thoroughness for speed.

Contention

Notably, some critics focus on the risk of expedited processes potentially affecting the fairness of trials for individuals labeled as sexually violent predators. There are fears that the emphasis on faster adjudication could undermine the consideration of comprehensive evaluations and rights to legal counsel. Moreover, the bill specifies requirements for notifications and justifications for continuance requests, which some argue could complicate the legal proceedings further rather than simplify them.

Companion Bills

No companion bills found.

Previously Filed As

CA AB1954

Sexually violent predators.

CA SB832

Sexually violent predators.

CA AB2036

Sexually violent predators.

CA AB763

Sexually violent predators: conditional release: placement location.

CA SB1074

Sexually violent predators.

CA AB1456

Sexually violent predators.

CA AB2035

Sexually violent predators: conditional release.

CA SB553

Occupational safety: workplace violence: restraining orders and workplace violence prevention plan.

CA AB1822

Criminal defendant: mental competency to stand trial.

CA SB741

Domestic violence restraining orders: prehearing discovery.

Similar Bills

CA SB761

Department of Justice: civil rights investigations.

CA SB815

Healing arts.

CA SB248

Sexually violent predators: open court proceedings.

CA AB1194

Conservatorship.

CA SB42

Community Assistance, Recovery, and Empowerment (CARE) Court Program: process and proceedings.

CA AB2960

Judiciary omnibus.

CA AB976

Electronic filing and service.

CA SB781

Public Safety Omnibus.