Scientific Standards for Assessment

of Competence

 

 Draft  * * * Under Construction * * * Draft * * *


CHAPTER _____ of Statutes of 2004

 

The People of the State of California do enact as follows:

 

SECTION 1

This act shall be known and may be cited as the              Act.

 

 

SECTION 2

The Legislature finds and declares all of the following:

(a)                   [to be drafted... See explanation]           

 

 

 

SECTION 3

Probate Code 811 is amended by adding the following subdivision (f):

    (f)  In determining the evidentiary value of mental health expert opinion testimony, particularly in cases involving a person who is asserted to have labile mental function integrity, a court shall take into consideration whether the expert complied with current scientific standards, including whether the expert:

  1. Reviewed relevant medical records before making the examination;

  2. Sought and considered anecdotal information and opinions from interested persons;

  3.