California · 2025–26 Regular Session · Senate Bill
SB 1401: Criminal procedure: competence to stand trial.
Enacted Official data
- Introduced
- In committee
- Passed one chamber
- Passed both chambers
- Enacted
Last official action: ·Record last updated:
Plain-language summary
SB 1401 is a senate bill introduced in the California Senate on February 20, 2026. According to its official title, it concerns: Criminal procedure: competence to stand trial. Primary sponsor: Henry Stern (D). Most recent recorded action (September 30, 2026): Chaptered by Secretary of State. Chapter 1035, Statutes of 2026.
Generated automatically from the official title, sponsor list, and status record only. It does not characterize the bill’s purpose or effects. How summaries are written
Official summary
Legislative Counsel’s Digest (official, as of the latest version). Written by nonpartisan legislative staff; reproduced verbatim.
Existing law prohibits a person from being tried or adjudged to punishment while that person is mentally incompetent. Existing law requires the court to, for a person found mentally incompetent and not charged with certain felony offenses, among other things, determine whether restoring the person to mental competence is in the interests of justice. Existing law requires the court to, if restoring the person to mental competence is not in the interests of justice, conduct a hearing, as specified, and determine the person’s eligibility for diversion. Under existing law, if the court determines that the person is ineligible or unsuitable for diversion, the court is authorized to hold a hearing to determine the person’s other options, including referral to assisted outpatient treatment, county conservatorship, and the CARE program. Existing law requires a person’s charges to be dismissed if the person is accepted into assisted outpatient treatment or the CARE program or upon a filing of either a temporary or permanent conservatorship petition.
This bill would authorize a county behavioral health agency to report to the court regarding relevant confidential medical information for the purpose of determining eligibility for behavioral health services pursuant to the above provisions. The bill would exempt from the requirement to dismiss charges instances where the person’s case has been referred back to the court within certain time periods.
Existing law, when a defendant is returned to court after specified proceedings to restore competency and it appears the defendant is gravely disabled, requires the court to initiate specified conservatorship proceedings. Existing law defines gravely disabled for these purposes as meaning a condition in which a person, as a result of specified disorders, is unable to provide for their basic personal needs for food, clothing, shelter, personal safety, or necessary medical care, or a condition in which the person has been found mentally incompetent and specified facts exist, including that the person is unable to understand the nature and purpose of the proceedings taken against them and to assist counsel in the conduct of their defense in a rational manner.
This bill would clarify that gravely disabled includes meeting either or both of these definitions of gravely disabled.
Existing law, in the case of a misdemeanor charge in which the defendant is found incompetent, requires the court to hold a hearing to determine whether the defendant is eligible for both diversion and the CARE program. Under existing law, if the defendant is not eligible or suitable for diversion, the court is required to hold another hearing to decide if the defendant should be referred for, among other things, county conservatorship. Existing law only allows a referral for county conservatorship if, based on the opinion of a qualified mental health expert, the defendant appears to be gravely disabled, as defined.
This bill would also allow a referral for county conservatorship if, in the opinion of the court, the defendant appears to be gravely disabled.
Sponsors
Sponsors by party (alphabetical): Democratic 1
| Name | Role | Party | Chamber | District |
|---|---|---|---|---|
| Henry Stern | Primary sponsor | Democratic | Senate | 27 |
“Support” is shown only as formal sponsorship recorded by the legislature. Roll-call votes are available on the official bill page.
Recent official actions
- Chaptered by Secretary of State. Chapter 1035, Statutes of 2026.
- Chaptered by Secretary of State. Chapter 1035, Statutes of 2026.
- Approved by the Governor.
- Approved by the Governor.
- Enrolled and presented to the Governor at 3 p.m.
- Enrolled and presented to the Governor at 3 p.m.
- Assembly amendments concurred in. (Ayes 40. Noes 0. Page 6028.) Ordered to engrossing and enrolling.
- Assembly amendments concurred in. (Ayes 39. Noes 0.) Ordered to engrossing and enrolling.
- In Senate. Concurrence in Assembly amendments pending.
- In Senate. Concurrence in Assembly amendments pending.
- Read third time. Passed. (Ayes 75. Noes 0. Page 6610.) Ordered to the Senate.
- Read third time. Passed. (Ayes 75. Noes 0. Page 6610.) Ordered to the Senate.