Title
Title
Rules and Forms | Criminal Law: Mental Competency Proceedings (Action Required)
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Summary
Summary
Statutes on competency to stand trial in felony and misdemeanor cases were recently amended to provide courts with additional treatment-based solutions for defendants found incompetent to stand trial and to streamline mental competency proceedings. The Criminal Law Advisory Committee recommends adopting, amending, and renumbering rules of court to implement these legislative changes, as well as additional amendments to clarify procedures, remove language duplicative of statute, and improve organization, clarity, and concision.
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Recommendation
Recommendation
The Criminal Law Advisory Committee recommends that the Judicial Council, effective January 1, 2026:
1. Adopt California Rules of Court, rule 4.132, which consists of current rule 4.130(h) with minor amendments to reflect changes to Penal Code section 1370 by Senate Bill 1323 (Stats. 2024, ch. 646);
2. Adopt California Rules of Court, rule 4.133, renumbered from current rule 4.131;
3. Amend California Rules of Court, rule 4.130 to implement statutory changes, reorganize and streamline the rule, and remove provisions that are duplicative of statute; and
4. Amend California Rules of Court, rule 4.131 to replace its contents with subdivisions (a)(2), (a)(3), and (d) of current rule 4.130 and to implement statutory changes.
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