Jim Beall
- Democratic
Author
Existing law authorizes a court to grant pretrial diversion, for a period no longer than 2 years, to a defendant suffering from a mental disorder, on an accusatory pleading alleging the commission of a misdemeanor or felony offense, in order to allow the defendant to undergo mental health treatment. Existing law conditions eligibility on, among other criteria, a court finding that the defendant's mental disorder played a significant role in the commission of the charged offense. Existing law requires, if the defendant has performed satisfactorily in diversion, that the court dismiss the defendant's criminal charges, with a record filed with the Department of Justice indicating the disposition of the case diverted, that the arrest is deemed never to have occurred, and requires the court to order access to the record of the arrest restricted, except as specified. This bill would make defendants ineligible for the diversion program for certain offenses, including murder, voluntary manslaughter, and rape. The bill would authorize a court to require the defendant to make a prima facie showing that the defendant will meet the minimum requirements of eligibility for diversion and that the defendant and the offense are suitable for diversion, as specified. The bill would also require the court, upon request, to conduct a hearing to determine whether restitution is owed to any victim as a result of the diverted offense and, if owed, to order its payment during the period of diversion. The bill would provide that a defendant's inability to pay restitution due to indigence or mental disorder would not be grounds for denial of diversion or a finding that the defendant has failed to comply with the terms of diversion. The bill would also make technical changes.
Chaptered by Secretary of State. Chapter 1005, Statutes of 2018.
Approved by the Governor.
Enrolled and presented to the Governor at 4 p.m.
Assembly amendments concurred in. (Ayes 36. Noes 2. Page 5922.) Ordered to engrossing and enrolling.
Read third time. Passed. (Ayes 79. Noes 0. Page 6720.) Ordered to the Senate.
In Senate. Concurrence in Assembly amendments pending.
Ordered to third reading.
Read third time and amended. (Ayes 74. Noes 0. Page 6513.)
Read second time. Ordered to third reading.
From committee: Do pass. (Ayes 17. Noes 0.) (August 8).
From committee with author's amendments. Read second time and amended. Re-referred to Com. on APPR.
June 27 set for first hearing canceled at the request of author.
Read second time and amended. Re-referred to Com. on APPR.
From committee: Do pass as amended and re-refer to Com. on APPR. (Ayes 6. Noes 0.) (June 12).
Read third time. Passed. (Ayes 38. Noes 0. Page 4125.) Ordered to the Assembly.
In Assembly. Read first time. Held at Desk.
Read second time. Ordered to third reading.
Ordered to second reading.
Read third time and amended.
Read second time. Ordered to third reading.
From committee: Do pass. (Ayes 7. Noes 0. Page 4055.) (January 18).
Set for hearing January 18.
January 16 hearing: Placed on APPR. suspense file.
Set for hearing January 16.
From committee: Do pass and re-refer to Com. on APPR. (Ayes 7. Noes 0. Page 4006.) (January 9). Re-referred to Com. on APPR.
From committee with author's amendments. Read second time and amended. Re-referred to Com. on APPR.
From committee with author's amendments. Read second time and amended. Re-referred to Com. on PUB. S.
Set for hearing January 9.
April 18 set for first hearing canceled at the request of author.
Set for hearing April 18.
March 21 hearing postponed by committee.
From committee with author's amendments. Read second time and amended. Re-referred to Com. on PUB. S.
Set for hearing March 21.
From printer. May be acted upon on or after March 4.
Introduced. Read first time. To Com. on RLS. for assignment. To print.
| Bill Text Versions | Format |
|---|---|
| SB215 | HTML |
| 02/01/17 - Introduced | |
| 03/06/17 - Amended Senate | |
| 01/03/18 - Amended Senate | |
| 01/09/18 - Amended Senate | |
| 01/25/18 - Amended Senate | |
| 06/14/18 - Amended Assembly | |
| 08/06/18 - Amended Assembly | |
| 08/23/18 - Amended Assembly | |
| 09/04/18 - Enrolled | |
| 09/30/18 - Chaptered |
| Document | Format |
|---|---|
| No related documents. |
Data on Open States is updated periodically throughout the day from the official website of the California State Legislature.
If you notice any inconsistencies with these official sources, feel free to file an issue.