§ 3703. — 3703. (Repealed and added by Stats. 2022, Ch. 795, Sec. 9.)

California § 3703.

• Jurisdiction: California
• Code PEN: Penal Code - PEN
• Title: 3.
• Part 3.: TITLE 3. EXECUTION OF DEATH PENALTY
• Ch. 2.: CHAPTER 2. Suspension of Execution of Death Penalty: Insanity: Pregnancy

Text

(a)
On decision of a petition filed pursuant to Section 3701, the court shall issue a statement explaining the legal and factual basis for the decision.
(b)
If the court finds by a preponderance of the evidence that the incarcerated person is competent to be executed, the court shall deny the petition.
(c)
If the court finds by a preponderance of the evidence that the incarcerated person is permanently incompetent to be executed within the meaning of subdivision (e) of Section 3701, the court shall vacate the sentence or sentences of death and resentence the incarcerated person to life without the
possibility of parole.
(d)
In a proceeding under subdivision (a) of Section 3701, if the court finds that the incarcerated person is incompetent to be executed, but does not find by a preponderance of the evidence that competence is unlikely to be restored, the court shall order the warden to suspend the execution and order that the incarcerated person be taken to a medical facility of the Department of Corrections and Rehabilitation, and be kept in safe confinement until their competence to be executed is restored. If the prosecuting agency alerts the court that it believes the incarcerated person’s competence has been restored, the court shall again initiate the procedure set forth in Section 3700 and hold a hearing. In that hearing, the prosecution bears the burden of proving by a preponderance of the evidence that the incarcerated person
is competent to be executed.
(e)
The decision denying or granting the petition will be subject to review under Section 1509.1. An appeal from a decision under this chapter shall not be considered successive, nor shall it render any subsequent appeals successive within the meaning of Section 1509.1.

Legislative History

Repealed and added by Stats. 2022, Ch. 795, Sec. 9. (AB 2657) Effective January 1, 2023.