CaliforniaCourts would order victim repayment during diversion with hearing safeguards
The signed law would require courts to order victim repayment during programs that pause criminal cases if a judge finds payment is owed, after a hearing, its waiver, or agreement on the amount.
What it does
Courts would order repayment during programs that pause criminal cases if victims are owed money. Defendants must be told they can ask a judge to set the amount and get a hearing, give one up, or agree on the amount.
Courts could not deny a program that pauses a criminal case, or say a person failed it, because poverty or a mental disorder kept them from repaying victims.
If a person leaves a program that pauses a criminal case or does not finish it, the court would have to pause the repayment order until the case is resolved.
Argument forVictims could start receiving repayment while a criminal case is paused if a judge finds they are owed money.
Argument againstDefendants with little money could face repayment orders before their criminal cases end, although poverty alone cannot count as failing diversion.
More detail
Courts would have to order people in diversion programs to repay victims. The order covers victims owed repayment for losses caused by the offense handled through diversion. Defendants must be told they can ask a judge to decide the amount and must receive a hearing, give one up, or agree to the amount. If the court finds repayment is owed, it must order payment during diversion.
Courts could not deny diversion or find that a defendant failed it because they cannot repay victims. This protects defendants in diversion programs who cannot repay victims for those reasons. The inability to pay must be due to poverty or a mental disorder.
Courts would have to pause repayment orders. This covers repayment orders issued while a defendant was in a program that pauses a criminal case. The defendant must withdraw from diversion or fail to finish it. The pause lasts until the criminal case is resolved.
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Where it stands
- Introduced
- Passed Assembly
- Passed Senate
- To Governor
- Became Law
Looking ahead
No hearings or votes scheduled.
History
- 2026
- Sep 30Chaptered by Secretary of State - Chapter 841, Statutes of 2026.Latest
- Sep 30Approved by the Governor Gavin Newsom.Became Law
- Aug 31Enrolled and presented to the Governor at 4 p.m.To Governor
- Aug 25In Assembly. Ordered to Engrossing and Enrolling.Minor
- Vote recorded 3rd Reading AB2297 Stefani By Blakespear. Result: pass.Upper
- Aug 25Read third time. Passed. Ordered to the Assembly. (Ayes 39. Noes 1.).Passed Senate
- Jun 10Read second time. Ordered to third reading.Minor
- Jun 9From committee: Do pass. (Ayes 6. Noes 0.) (June 9).Minor
- Vote recorded Do pass. Result: pass.Upper
- May 6Referred to Com. on PUB. S.Minor
- Apr 20In Senate. Read first time. To Com. on RLS. for assignment.Minor
- Vote recorded AB 2297 Stefani Assembly Third Reading. Result: pass.Lower
- Apr 20Read third time. Passed. Ordered to the Senate. (Ayes 66. Noes 0. Page 4723.)Passed Assembly
- Apr 9Read second time. Ordered to third reading.Minor
- Apr 8From committee: Do pass. (Ayes 8. Noes 0.) (April 7).Minor
- Apr 7
- Vote recorded Do pass. Result: pass.Lower
- Apr 6Re-referred to Com. on PUB. S.Minor
- Mar 26From committee chair, with author's amendments: Amend, and re-refer to Com. on PUB. S. Read second time and amended.Major
- Mar 9Referred to Com. on PUB. S.Minor
- Feb 20From printer. May be heard in committee March 22.
- Feb 19Read first time. To print.Introduced
Criminal Justice