Existing law prohibits a person who is found to be mentally incompetent to stand trial. Existing law requires a court, if a question is raised as to a defendant's mental competence, to hold a hearing into the defendant's mental competence. Under existing law, if a defendant is found incompetent, the court shall, as specified, order the defendant to treatment for the restoration of competence. Under existing law, if the defendant's competence is restored, the defendant shall be returned to the court with a certificate of restoration.
This bill would clarify that a certificate of restoration of mental competence is presumed to apply to any felony case pending against the defendant in the same county at the time the defendant was restored to competence, subject to specified exceptions.

Statutes affected:
SB349: 1372 PEN
02/08/23 - Introduced: 1372 PEN
03/30/23 - Amended Senate: 1368 PEN, 1372 PEN
05/18/23 - Amended Senate: 1368 PEN, 1372 PEN, 4336 WIC
06/21/23 - Amended Assembly: 1368 PEN, 1372 PEN, 4336 WIC
05/30/24 - Amended Assembly: 1368 PEN, 1372 PEN
SB 349: 1372 PEN