California Penal Code

§ 3703

PEN § 3703 Effective Jan 1, 2023Title 3 · Part 3 · Ch. 2

Statute 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.

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Legislative history

Repealed and added by Stats. 2022, Ch. 795, Sec. 9.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