Pen. Code, § 1369.5 · Chapter 6. Inquiry into the Competence of the Defendant Before Trial or After Conviction
Pen. Code, § 1369.5
Text — As published in the Legislative Counsel's database, tables dated October 18, 2026 (pubinfo_2025.zip)
(a) A document submitted to a court pursuant to this chapter, including, but not limited to, Sections 1369, 1370, 1370.01, 1370.1, and 1372, is presumptively confidential, except as otherwise provided by law.
(b) A document described in subdivision (a) shall be retained in the confidential portion of the court’s file. Counsel for the defendant and the prosecution shall maintain the documents as confidential.
(c) (1) The defendant, counsel for the defendant, and the prosecution may inspect, copy, or utilize the documents, and any information contained in the documents, without an order from the court for purposes related to the defense, prosecution, treatment, and safety of the defendant, and for the safety of the public.
(2) A motion, application, or petition to access the documents shall be decided in accordance with subdivision (h) of Rule 2.551 of the California Rules of Court.
Notes and commentary — not statutory text
History
Added by Stats. 2019, Ch. 251, Sec. 1. (SB 557) Effective January 1, 2020.
Source of truth
- Edition
- As published in the Legislative Counsel's database, tables dated October 18, 2026 (pubinfo_2025.zip)
- Official file
- https://leginfo.legislature.ca.gov/faces/codes_displaySection.xhtml?lawCode=PEN§ionNum=1369.5.
- Text hash
- sha256 fcf42f6dfa2dc323ce3e1907e1fccfc568cd2bcaccc9faae5680f6a49ff99b4b
- Composed by
- compose_ca.py 2026-10-22: the Legislative Counsel's CAML content files read by a tokenizer (caml_readers.reader_a); an independent xml.etree reading (caml_readers.reader_b) agrees on every section
This section cites
Provisions in this library that the text above cites, as it prints each citation. A range cited as “ss. 61.13-61.16” links its first and last provisions.
Penal Code
- Pen. Code, § 1369Printed as Sections 1369, 1370, 1370.01, 1370.1, and 1372
- Pen. Code, § 1370Printed as Sections 1369, 1370, 1370.01, 1370.1, and 1372
- Pen. Code, § 1370.01Printed as Sections 1369, 1370, 1370.01, 1370.1, and 1372
- Pen. Code, § 1370.1Printed as Sections 1369, 1370, 1370.01, 1370.1, and 1372
- Pen. Code, § 1372Printed as Sections 1369, 1370, 1370.01, 1370.1, and 1372
Procedural information only. Not legal advice and not a substitute for the advice of an attorney. Confirm the current text with the official publisher before relying on it.