Bill Text: CA SB1281 | 2011-2012 | Regular Session | Amended

NOTE: There are more recent revisions of this legislation. Read Latest Draft

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Bill Title: Criminal procedure: not guilty by reason of insanity.

Spectrum: Partisan Bill (Republican 1-0)

Status: (Passed) 2012-07-17 - Chaptered by Secretary of State. Chapter 150, Statutes of 2012. [SB1281 Detail]

Download: California-2011-SB1281-Amended.html

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BILL NUMBER: SB 1281	AMENDED
	BILL TEXT

	AMENDED IN SENATE  APRIL 24, 2012
	AMENDED IN SENATE  APRIL 9, 2012

INTRODUCED BY   Senator Blakeslee

                        FEBRUARY 23, 2012

   An act to amend Section 1027 of the Penal Code, relating to
criminal procedure.


	LEGISLATIVE COUNSEL'S DIGEST


   SB 1281, as amended, Blakeslee. Criminal procedure: not guilty by
reason of insanity.
   Under existing law, when a defendant pleads not guilty by reason
of insanity, the court is required to appoint at least 2
psychiatrists or licensed psychologists to examine, investigate, and
report on the defendant's mental status. The report is required to
include certain information, including the psychological history of
the defendant and the present psychological or psychiatric symptoms
of the defendant.
   This bill would require the report to also include the defendant's
substance abuse history, his or her substance use history on the day
of the commission of the offense,  and  a review of
the police report of the offense  ,   and  
any other credible and relevant material reasonably necessary to
describe the facts of the offense  .
   Vote: majority. Appropriation: no. Fiscal committee: no.
State-mandated local program: no.


THE PEOPLE OF THE STATE OF CALIFORNIA DO ENACT AS FOLLOWS:

  SECTION 1.  Section 1027 of the Penal Code is amended to read:
   1027.  (a) When a defendant pleads not guilty by reason of
insanity the court shall select and appoint two, and may select and
appoint three, psychiatrists, or licensed psychologists who have a
doctoral degree in psychology and at least five years of postgraduate
experience in the diagnosis and treatment of emotional and mental
disorders, to examine the defendant and investigate his or her mental
status. It is the duty of the psychiatrists or psychologists
selected and appointed to make the examination and investigation, and
to testify, whenever summoned, in any proceeding in which the sanity
of the defendant is in question. The psychiatrists or psychologists
appointed by the court shall be allowed, in addition to their actual
traveling expenses,  such   those  fees
 as   that  in the discretion of the court
 seems   seem  just and reasonable, having
regard to the services rendered by the witnesses. The fees allowed
shall be paid by the county where the indictment was found or in
which the defendant was held for trial.
   (b) Any report on the examination and investigation made pursuant
to subdivision (a) shall include, but not be limited to, the
psychological history of the defendant, the facts surrounding the
commission of the acts forming the basis for the present charge used
by the psychiatrist or psychologist in making his or her examination
of the defendant, the present psychological or psychiatric symptoms
of the defendant, if any, the substance abuse history of the
defendant, the substance use history of the defendant on the day of
the offense,  and  a review of the police report for
the offense  , and any other credible and relevant material
reasonably necessary to describe the facts of the offense  .
   (c) This section does not presume that a psychiatrist or
psychologist can determine whether a defendant was sane or insane at
the time of the alleged offense. This section does not limit a court'
s discretion to admit or exclude, pursuant to the Evidence Code,
psychiatric or psychological evidence about the defendant's state of
mind or mental or emotional condition at the time of the alleged
offense.
   (d) Nothing contained in this section shall be deemed or construed
to prevent any party to any criminal action from producing any other
expert evidence with respect to the mental status of the defendant.
If expert witnesses are called by the district attorney in the
action, they shall only be entitled to  such 
those  witness fees as may be allowed by the court.
   (e) Any psychiatrist or psychologist appointed by the court may be
called by either party to the action or by the court, and shall be
subject to all legal objections as to competency and bias and as to
qualifications as an expert. When called by the court or by either
party to the action, the court may examine the psychiatrist or
psychologist, as deemed necessary, but either party shall have the
same right to object to the questions asked by the court and the
evidence adduced as though the psychiatrist or psychologist were a
witness for the adverse party. When the psychiatrist or psychologist
is called and examined by the court, the parties may cross-examine
him or her in the order directed by the court. When called by either
party to the action, the adverse party may examine him or her the
same as in the case of any other witness called by the party.