CaliforniaCriminal procedure: Safer Communities Through Opportunities Act.
What it does
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.
More detail
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.
Where do you stand?
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Where it stands
- Introduced
- Passed Assembly
- Passed Senate
- To Governor
- Became Law
Looking ahead
No hearings or votes scheduled.
History
- 2025
- Sep 13Motion to reconsider made by Assembly Member Elhawary.Latest
- Vote recorded AB 1231 ELHAWARY Concurrence in Senate Amendments. Result: fail.Lower
- Vote recorded 3rd Reading AB1231 Elhawary et al. By Cortese. Result: pass.Upper
- Sep 13Assembly refused to concur in Senate amendments. (Ayes 34. Noes 27. Page 3497.)Minor
- Sep 13Assembly Rule 63 suspended. (Page 3484.)
- Sep 13Joint Rules 61(a)(14) and 51(a)(4) suspended. (Ayes 59. Noes 20. Page 3413.)
- Sep 13In Assembly. Concurrence in Senate amendments pending.
- Sep 13Read third time. Passed. Ordered to the Assembly. (Ayes 21. Noes 16. Page 3019.).Passed Senate
- Sep 8Read second time. Ordered to third reading.Minor
- Sep 5Read third time and amended. Ordered to second reading.Major
- Sep 2Read second time. Ordered to third reading.Minor
- Aug 29Read second time and amended. Ordered returned to second reading.Major
- Vote recorded Do pass as amended. Result: pass.Upper
- Aug 29From committee: Amend, and do pass as amended. (Ayes 5. Noes 2.) (August 29).Major
- Aug 18In committee: Referred to suspense file.Minor
- Vote recorded Placed on suspense file. Result: pass.Upper
- Jul 15From committee: Do pass and re-refer to Com. on APPR. (Ayes 4. Noes 1.) (July 15). Re-referred to Com. on APPR.Minor
- Vote recorded Do pass, but first be re-referred to the Committee on [Appropriations]. Result: pass.Upper
- Jul 1From committee chair, with author's amendments: Amend, and re-refer to committee. Read second time, amended, and re-referred to Com. on PUB. S.Major
- Jun 11Referred to Com. on PUB. S.Minor
- Jun 3In Senate. Read first time. To Com. on RLS. for assignment.Minor
- Vote recorded AB 1231 Elhawary Assembly Third Reading. Result: pass.Lower
- Jun 2Read third time. Passed. Ordered to the Senate. (Ayes 42. Noes 25. Page 1936.)Passed Assembly
- May 27Read second time. Ordered to third reading.Minor
- May 23Read second time and amended. Ordered returned to second reading.Major
- Vote recorded Do pass as amended. Result: pass.Lower
- May 23From committee: Amend, and do pass as amended. (Ayes 11. Noes 3.) (May 23).Major
- May 23Assembly Rule 63 suspended. (Ayes 51. Noes 16. Page 1644.)
- Apr 30In committee: Set, first hearing. Referred to suspense file.Minor
- Apr 21Re-referred to Com. on APPR.Minor
- Apr 10Read second time and amended.Major
- Apr 9From committee: Amend, and do pass as amended and re-refer to Com. on APPR. (Ayes 5. Noes 2.) (April 8).Major
- Apr 8
- Vote recorded Do pass as amended and be re-referred to the Committee on [Appropriations]. Result: pass.Lower
- Mar 25Re-referred to Com. on PUB. S.Minor
- Mar 24From committee chair, with author's amendments: Amend, and re-refer to Com. on PUB. S. Read second time and amended.Major
- Mar 10Referred to Com. on PUB. S.Minor
- Feb 24Read first time.Minor
- Feb 22From printer. May be heard in committee March 24.
- Feb 21Introduced. To print.Introduced
- Sep 13Motion to reconsider made by Assembly Member Elhawary.Latest