Susan Eggman
- Democratic
- Senator
- District 5
Existing law provides for the diversion of specified criminal offenders in alternate sentencing and treatment programs. Existing law provides for a pretrial diversion program for a defendant who was, or currently is, a member of the Armed Forces of the United States, who may be suffering from sexual trauma, traumatic brain injury, post-traumatic stress disorder, substance abuse, or mental health problems as a result of the defendant's military service. Existing law authorizes the court, with the consent of the defendant and a waiver of the defendant's speedy trial right, to postpone prosecution, either temporarily or permanently, of a criminal offense and place the defendant in a pretrial diversion program. This bill would add felony offenses, as specified, to the pretrial diversion program for a defendant who was, or currently is, a member of the Armed Forces of the United States and when the defendant's condition was a significant factor in the commission of the charged offense. The bill would require the court to find that the defendant's condition was a significant factor in the commission of the offense unless there is clear and convincing evidence otherwise and would authorize the court to consider any relevant and credible evidence in making this determination. By requiring counties to coordinate services for a new group of veterans, this bill would impose a state-mandated local program. Existing law specifically authorizes a defendant who has been convicted of certain misdemeanor offenses related to driving under the influence to be placed in that diversion program. This bill would prohibit a defendant who has been convicted of any other offense related to driving under the influence from being placed in that diversion program. Existing law prohibits a person, who has been found by a court to be prohibited from owning or controlling a firearm because they are a danger to themselves or others and has been granted pretrial mental health diversion, from owning or possessing a firearm until the person successfully completes diversion or their firearm rights are restored, as specified. A violation of this prohibition is punishable as a crime. This bill would authorize the prosecution to request an order from the court, as specified, to prohibit a veteran defendant in diversion from controlling, owning, purchasing, possessing, or receiving a firearm because they are a danger to themselves or others until they successfully complete diversion or their firearm rights are restored, as specified. By expanding the group of people to whom a crime applies, this bill would impose a state-mandated local program. This bill would incorporate additional changes to Section 8103 of the Welfare and Institutions Code proposed by AB 2629 and SB 1002 to be operative only if this bill and one or both of those bills are enacted and this bill is enacted last. The California Constitution requires the state to reimburse local agencies and school districts for certain costs mandated by the state. Statutory provisions establish procedures for making that reimbursement. This bill would provide that with regard to certain mandates no reimbursement is required by this act for a specified reason. With regard to any other mandates, this bill would provide that, if the Commission on State Mandates determines that the bill contains costs so mandated by the state, reimbursement for those costs shall be made pursuant to the statutory provisions noted above.
Assembly amendments concurred in. (Ayes 34. Noes 0.) Ordered to engrossing and enrolling.
In Senate. Concurrence in Assembly amendments pending.
Read third time. Passed. Ordered to the Senate.
Ordered to third reading.
Read third time and amended.
Read second time. Ordered to third reading.
Read second time and amended. Ordered to second reading.
From committee: Do pass as amended. (Ayes 12. Noes 0.) (August 15).
July 2 set for first hearing. Placed on suspense file.
From committee: Do pass and re-refer to Com. on APPR. (Ayes 7. Noes 0.) (June 18). Re-referred to Com. on APPR.
In Assembly. Read first time. Held at Desk.
Read third time. Passed. (Ayes 33. Noes 0. Page 4029.) Ordered to the Assembly.
From committee: Do pass. (Ayes 5. Noes 2. Page 3968.) (May 16).
Read second time. Ordered to third reading.
Set for hearing May 16.
April 15 hearing: Placed on APPR suspense file.
Set for hearing April 15.
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 4. Noes 0. Page 3351.) (March 19).
Set for hearing March 19.
March 12 set for first hearing canceled at the request of author.
Set for hearing March 12.
From printer. May be acted upon on or after March 8.
Introduced. Read first time. To Com. on RLS. for assignment. To print.
Bill Text Versions | Format |
---|---|
SB1025 | HTML |
02/06/24 - Introduced | |
03/21/24 - Amended Senate | |
08/19/24 - Amended Assembly | |
08/23/24 - Amended Assembly |
Document | Format |
---|---|
03/08/24- Senate Public Safety | |
03/14/24- Senate Public Safety | |
04/12/24- Senate Appropriations | |
05/17/24- Sen. Floor Analyses | |
06/17/24- Assembly Public Safety | |
06/28/24- Assembly Appropriations | |
08/21/24- ASSEMBLY FLOOR ANALYSIS | |
08/23/24- ASSEMBLY FLOOR ANALYSIS | |
08/29/24- Sen. Floor Analyses |
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.