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Home/Bills/SB 1401California · 2025–2026 Regular Session
Senate BillPassed first housePenal

SB 1401: Criminal procedure: competence to stand trial.

California · Senate · 2025–2026 Regular Session · last verified August 23, 2026

What SB 1401 does, verified August 23, 2026

This bill aims to improve the process for individuals who are mentally incompetent and facing charges. The court can now share confidential medical records with a county behavioral health agency and jail medical provider to determine the likelihood of eligibility for behavioral health services and programs. The bill also allows for a referral to assisted outpatient treatment or a care program, which would result in the dismissal of charges. Additionally, the bill broadens the criteria for referring a person to county conservatorship, allowing it to be considered if the court determines that the defendant appears to be gravely disabled, regardless of the opinion of a qualified mental health expert.

Bill journey
IntroducedComplete
In CommitteeComplete
First Chamber FloorComplete
4Second ChamberCurrent
5GovernorPending
6ChapteredPending
Last action: Ordered to third reading. (2026-08-21)Alert me
Recent actions25 total · showing 5
Aug. 21, 2026Ordered to third reading.
Aug. 21, 2026Read third time and amended.
Aug. 21, 2026Assembly Rule 69(b)(1) suspended.
Aug. 13, 2026Read second time. Ordered to third reading.
Aug. 13, 2026From committee: Do pass. (Ayes 15. Noes 0.) (August 13).
Full action history, 20 earlier actionsConnect Plus
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