AB 1412 Summary

• Removes borderline personality disorder from the list of mental health conditions that disqualify defendants from mental health pretrial diversion programs under Penal Code Section 1001.36.

• Allows defendants diagnosed with borderline personality disorder to be eligible for pretrial diversion if they meet other statutory requirements, including having a qualifying mental disorder and demonstrating the disorder was a significant factor in committing the charged offense.

• Maintains existing exclusions for antisocial personality disorder and pedophilia as disqualifying conditions for pretrial diversion.

• Incorporates conditional provisions coordinating with AB 455 regarding firearm prohibition orders during diversion, operative only if both bills are enacted and AB 1412 is enacted after AB 455.

• Approved by Governor October 10, 2023 and filed with Secretary of State the same date.