Sade Elhawary
- Democratic
- Assemblymember
- District 57
Author
Existing law authorizes a judge in the superior court in which a misdemeanor is being prosecuted to offer misdemeanor diversion to a defendant. Existing law, upon successful completion of the terms, conditions, or programs ordered by the court, makes the arrest upon which the diversion was imposed deemed to have never occurred, except as specified relating to application to be a peace officer. This bill, the Safer Communities Through Opportunities Act, would authorize a court to exercise its discretion to grant pretrial diversion on a felony offense, subject to certain exceptions. The bill would authorize the court to consider information from, among others, the prosecutor and the defense in determining whether or not to grant diversion and would prohibit a court from granting diversion unless it finds that the diversion plan mitigates any unreasonable risk of danger to public safety and that the defendant is likely to benefit from the services provided in the diversion plan. The bill would authorize a court to consider reinstating criminal proceedings in certain circumstances, such as the commission of a misdemeanor committed while the defendant is receiving pretrial diversion services that shows a propensity for violence, among others. The bill would require the court to dismiss the criminal allegations if it finds that the defendant has complied with the terms and conditions during the diversion period. The bill would require the court, if the court reduces the felony to a misdemeanor, to follow existing misdemeanor diversion proceedings.
Assembly Rule 63 suspended. (Page 3484.)
Motion to reconsider made by Assembly Member Elhawary.
Assembly refused to concur in Senate amendments. (Ayes 34. Noes 27. Page 3497.)
Read third time. Passed. Ordered to the Assembly. (Ayes 21. Noes 16. Page 3019.).
Joint Rules 61(a)(14) and 51(a)(4) suspended. (Ayes 59. Noes 20. Page 3413.)
In Assembly. Concurrence in Senate amendments pending.
Read second time. Ordered to third reading.
Read third time and amended. Ordered to second reading.
Read second time. Ordered to third reading.
Read second time and amended. Ordered returned to second reading.
From committee: Amend, and do pass as amended. (Ayes 5. Noes 2.) (August 29).
From committee: Do pass and re-refer to Com. on APPR. (Ayes 4. Noes 1.) (July 15). Re-referred to Com. on APPR.
From committee chair, with author's amendments: Amend, and re-refer to committee. Read second time, amended, and re-referred to Com. on PUB. S.
In Senate. Read first time. To Com. on RLS. for assignment.
Read third time. Passed. Ordered to the Senate. (Ayes 42. Noes 25. Page 1936.)
Read second time. Ordered to third reading.
Read second time and amended. Ordered returned to second reading.
From committee: Amend, and do pass as amended. (Ayes 11. Noes 3.) (May 23).
Assembly Rule 63 suspended. (Ayes 51. Noes 16. Page 1644.)
In committee: Set, first hearing. Referred to suspense file.
Read second time and amended.
From committee: Amend, and do pass as amended and re-refer to Com. on APPR. (Ayes 5. Noes 2.) (April 8).
From committee chair, with author's amendments: Amend, and re-refer to Com. on PUB. S. Read second time and amended.
Read first time.
From printer. May be heard in committee March 24.
Introduced. To print.
| Bill Text Versions | Format |
|---|---|
| AB1231 | HTML |
| 02/21/25 - Introduced | |
| 03/24/25 - Amended Assembly | |
| 04/10/25 - Amended Assembly | |
| 05/23/25 - Amended Assembly | |
| 07/01/25 - Amended Senate | |
| 08/29/25 - Amended Senate | |
| 09/05/25 - Amended Senate |
| Document | Format |
|---|---|
| 04/07/25- Assembly Public Safety | PDF PDF |
| 04/28/25- Assembly Appropriations | |
| 05/28/25- ASSEMBLY FLOOR ANALYSIS | |
| 07/13/25- Senate Public Safety | |
| 08/15/25- Senate Appropriations | |
| 08/29/25- Senate Appropriations | |
| 09/02/25- Sen. Floor Analyses | |
| 09/08/25- Sen. Floor Analyses | |
| 09/13/25- ASSEMBLY FLOOR ANALYSIS |
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