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AB-282 Misdemeanor diversion.(2021-2022)

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Date Published: 04/08/2021 09:00 PM

Amended  IN  Assembly  April 08, 2021


Assembly Bill
No. 282

Introduced by Assembly Member Lackey

January 21, 2021

An act to amend Section 1001.95 of the Penal Code, relating to misdemeanor diversion.


AB 282, as amended, Lackey. Misdemeanor diversion.
Existing law authorizes a judge in the superior court in which a misdemeanor is being prosecuted to offer misdemeanor diversion to a defendant over the objection of a prosecuting attorney, as specified. Existing law prohibits a judge from offering diversion pursuant to these provisions for specified charged offenses, including, among other things, battery committed against a spouse and stalking.
This bill would prohibit a judge from offering diversion pursuant to those provisions for the charged offenses of, among others, inflicting cruel or inhuman corporal punishment upon a child, elder abuse, criminal threats, specified hate crimes, and driving under the influence. various charged offenses relating to reckless operation of a vehicle and driving under the influence, as specified.
Vote: MAJORITY   Appropriation: NO   Fiscal Committee: NO   Local Program: NO  

The people of the State of California do enact as follows:


 Section 1001.95 of the Penal Code is amended to read:

 (a) A judge in the superior court in which a misdemeanor is being prosecuted may, at the judge’s discretion, and over the objection of a prosecuting attorney, offer diversion to a defendant pursuant to these provisions.
(b) A judge may continue a diverted case for a period not to exceed 24 months and order the defendant to comply with terms, conditions, or programs that the judge deems appropriate based on the defendant’s specific situation.
(c) If the defendant has complied with the imposed terms and conditions, at the end of the period of diversion, the judge shall dismiss the action against the defendant.
(d) If it appears to the court that the defendant is not complying with the terms and conditions of diversion, after notice to the defendant, the court shall hold a hearing to determine whether the criminal proceedings should be reinstituted. If the court finds that the defendant has not complied with the terms and conditions of diversion, the court may end the diversion and order resumption of the criminal proceedings.
(e) A defendant may not be offered diversion pursuant to this section for any of the following current charged offenses:
(1) Any offense for which a person, if convicted, would be required to register pursuant to Section 290.

(2)A violation of Section 273a or 273d.


(2) A violation of Section 273.5.


(3) A violation of subdivision (e) of Section 243.

(5)A violation of Section 368.

(6)A violation of Section 422.

(7)A violation of Section 422.6.


(4) A violation of Section 646.9.


(5) A violation of Section 655 of the Harbors and Navigation Code, Section 23103 of the Vehicle Code, as specified in Section 23103.5 of the Vehicle Code, or Section 23152 or 23153 of the Vehicle Code.