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CA AB1231
Bill
Status
6/2/2025
Primary Sponsor
Sade Elhawary
Click for details
AI Summary
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Authorizes courts to grant pretrial diversion for certain felony offenses punishable under Penal Code Section 1170(h) or as "wobblers" (misdemeanor or up to 3 years in state prison), excluding serious felonies, violent felonies, offenses causing great bodily injury, firearm use, sex offenses requiring registration, domestic violence, and stalking
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Requires courts to find that the diversion plan mitigates unreasonable risk to public safety and that the defendant is likely to benefit from proposed services before granting diversion
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Allows diversion periods of up to 24 months with individualized plans including terms, conditions, programs, and services; progress reports must be submitted at least every three months to the court, defense, and prosecution
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Permits courts to reinstate criminal proceedings if the defendant is charged with a felony or violence-related misdemeanor while on diversion, or if the defendant shows repeated or significant noncompliance with the diversion plan
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Mandates dismissal of criminal charges and sealing of arrest records upon successful completion of diversion, with the arrest deemed never to have occurred; unpaid restitution due to indigence cannot be grounds for denial or failure finding
Legislative Description
Criminal procedure: Safer Communities Through Opportunities Act.
Last Action
Motion to reconsider made by Assembly Member Elhawary.
9/13/2025