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CA AB1231

Bill

Status

Engrossed

6/2/2025

Primary Sponsor

Sade Elhawary

Click for details

Origin

State Assembly

2025-2026 Regular Session

AI Summary

  • 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

  • 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

  • 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

  • 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

  • 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

Committee Referrals

Appropriations7/15/2025
Public Safety6/11/2025
Rules6/3/2025
Appropriations4/9/2025
Public Safety3/10/2025

Full Bill Text

No bill text available