Fabio
116 lines
8.7 KiB
Markdown
116 lines
8.7 KiB
Markdown
---
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type: "Bill"
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title: "Diversion."
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description: "Existing law authorizes a court to grant pretrial diversion to a defendant suffering from a mental disorder, on an accusatory pleading alleging the commission of a misdemeanor or felony offense, in order to allow the defendant to undergo mental health treatment. Existing law provides that a defendant is eligible for diversion if they have been diagnosed with certain mental disorders and the court finds that the mental disorder was a significant factor in the commission of the charged offense, unless there is clear and convincing evidence that the disorder was not a motivating, causal, or contributing factor to the defendant's involvement in the alleged offense. Existing law prohibits defendants charged with specified offenses, including murder, from being placed in this diversion program."
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jurisdiction: "us/states/ca"
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legislature: "California Legislature"
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session: "20252026"
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identifier: "AB 46"
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citation: "California AB 46 (20252026)"
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classification: ["bill"]
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subjects: ["Diversion"]
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status: "enacted"
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primary_sponsors: ["Nguyen"]
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version_count: 8
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action_count: 34
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vote_count: 9
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first_action: "2024-12-02"
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last_action: "2026-06-29"
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source: "openstates"
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source_identifier: "ocd-bill/3a7535a5-2c1f-4dd3-87cd-9d139cd4fc69"
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source_url: "http://leginfo.legislature.ca.gov/faces/billNavClient.xhtml?bill_id=202520260AB46"
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source_hash: "8e236ecc6bfb1c7c7fd7b51509d60dd0b3068c4d9e23c5293e104adc1f5a9320"
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vintage: "2026-07-01"
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source_snapshot: "https://data.openstates.org/daily/2026-07-01/public.pgdump"
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retrieved_at: "2026-07-06"
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confidence: "reported"
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tags: ["legislation", "bill", "us-ca"]
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---
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# California AB 46 (20252026) — Diversion.
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Existing law authorizes a court to grant pretrial diversion to a defendant suffering from a mental disorder, on an accusatory pleading alleging the commission of a misdemeanor or felony offense, in order to allow the defendant to undergo mental health treatment. Existing law provides that a defendant is eligible for diversion if they have been diagnosed with certain mental disorders and the court finds that the mental disorder was a significant factor in the commission of the charged offense, unless there is clear and convincing evidence that the disorder was not a motivating, causal, or contributing factor to the defendant's involvement in the alleged offense. Existing law prohibits defendants charged with specified offenses, including murder, from being placed in this diversion program.
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## Version chain
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The bill's text revisions, in order — the diff chain from filing to enrollment.
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1. **12/02/24 - Introduced** (filed) — [source](https://leginfo.legislature.ca.gov/faces/billPdf.xhtml?bill_id=202520260AB46&version=20250AB4699INT)
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2. **02/13/26 - Amended Senate** (committee substitute) — [source](https://leginfo.legislature.ca.gov/faces/billPdf.xhtml?bill_id=202520260AB46&version=20250AB4695AMD)
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3. **03/10/25 - Amended Assembly** (committee substitute) — [source](https://leginfo.legislature.ca.gov/faces/billPdf.xhtml?bill_id=202520260AB46&version=20250AB4698AMD)
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4. **05/05/25 - Amended Assembly** (committee substitute) — [source](https://leginfo.legislature.ca.gov/faces/billPdf.xhtml?bill_id=202520260AB46&version=20250AB4697AMD)
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5. **05/14/26 - Amended Senate** (committee substitute) — [source](https://leginfo.legislature.ca.gov/faces/billPdf.xhtml?bill_id=202520260AB46&version=20250AB4694AMD)
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6. **07/10/25 - Amended Senate** (committee substitute) — [source](https://leginfo.legislature.ca.gov/faces/billPdf.xhtml?bill_id=202520260AB46&version=20250AB4696AMD)
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7. **AB46** (committee substitute) — [source](http://leginfo.legislature.ca.gov/faces/billNavClient.xhtml?bill_id=202520260AB46)
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8. **06/22/26 - Enrolled** (enrolled) — [source](https://leginfo.legislature.ca.gov/faces/billPdf.xhtml?bill_id=202520260AB46&version=20250AB4693ENR)
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## Votes
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- Do pass as amended and be re-referred to the Committee on [Appropriations] — **8–0** (pass) · lower
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- AB 46 Nguyen Assembly Third Reading — **56–7** (pass) · lower
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- 3rd Reading AB46 Nguyen et al. By Blakespear — **34–0** (pass) · upper
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- Do pass as amended — **7–0** (pass) · upper
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- AB 46 Nguyen Concurrence in Senate Amendments — **60–1** (pass) · lower
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- Do pass as amended, but first amend, and re-refer to the Committee on [Appropriations] — **4–0** (pass) · upper
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- Do pass. — **13–1** (pass) · lower
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- Do pass, but first be re-referred to the Committee on [Appropriations] — **5–0** (pass) · upper
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- Placed on suspense file — **7–0** (pass) · upper
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## Sponsors
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- Nguyen — primary (person)
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- Ashby — coauthor (person)
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- Bains — coauthor (person)
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- Blakespear — principal coauthor (person)
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- Blanca Rubio — coauthor (person)
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- Hurtado — principal coauthor (person)
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- Krell — coauthor (person)
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- Michelle Rodriguez — coauthor (person)
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- Pacheco — coauthor (person)
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- Petrie-Norris — coauthor (person)
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- Umberg — coauthor (person)
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## Timeline
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The legislative action history — every referral, reading, and vote.
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- **2024-12-02** Read first time. To print. `reading-1`
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- **2024-12-03** From printer. May be heard in committee January 2.
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- **2024-12-10** Introduced measure version corrected. `introduction`
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- **2025-03-10** Referred to Com. on PUB. S. `referral-committee`
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- **2025-03-10** From committee chair, with author's amendments: Amend, and re-refer to Com. on PUB. S. Read second time and amended. `amendment-introduction, amendment-passage, reading-1, reading-2`
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- **2025-03-11** Re-referred to Com. on PUB. S. `referral-committee`
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- **2025-05-01** From committee: Amend, and do pass as amended and re-refer to Com. on APPR. (Ayes 8. Noes 0.) (April 29). `amendment-introduction, amendment-passage, committee-passage, referral-committee`
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- **2025-05-05** Read second time and amended. `amendment-passage, reading-1, reading-2`
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- **2025-05-06** Re-referred to Com. on APPR. `referral-committee`
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- **2025-05-14** From committee: Do pass. (Ayes 13. Noes 1.) (May 14). `committee-passage, committee-passage-favorable`
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- **2025-05-15** Read second time. Ordered to third reading. `reading-1, reading-2`
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- **2025-05-19** Read third time. Passed. Ordered to the Senate. (Ayes 56. Noes 7. Page 1601.) `passage, reading-1, reading-3`
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- **2025-05-20** In Senate. Read first time. To Com. on RLS. for assignment. `reading-1`
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- **2025-05-28** Referred to Com. on PUB. S. `referral-committee`
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- **2025-06-19** In committee: Hearing postponed by committee.
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- **2025-07-09** From committee: Amend, and do pass as amended and re-refer to Com. on APPR. (Ayes 4. Noes 0.) (July 8). `amendment-introduction, amendment-passage, committee-passage, referral-committee`
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- **2025-07-10** Read second time and amended. Re-referred to Com. on APPR. `amendment-passage, reading-1, reading-2, referral-committee`
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- **2025-08-13** In committee: Hearing postponed by committee.
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- **2025-08-18** In committee: Hearing postponed by committee.
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- **2026-02-13** From committee chair, with author's amendments: Amend, and re-refer to committee. Read second time, amended, and re-referred to Com. on APPR. `amendment-introduction, amendment-passage, reading-1, reading-2, referral-committee`
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- **2026-02-17** Withdrawn from committee.
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- **2026-02-17** Re-referred to Com. on RLS. `referral-committee`
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- **2026-03-04** Re-referred to Com. on PUB. S. `referral-committee`
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- **2026-03-17** From committee: Do pass and re-refer to Com. on APPR. (Ayes 5. Noes 0.) (March 17). Re-referred to Com. on APPR. `committee-passage, committee-passage-favorable, referral-committee`
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- **2026-05-11** In committee: Referred to APPR. suspense file. `referral-committee`
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- **2026-05-14** From committee: Amend, and do pass as amended. (Ayes 7. Noes 0.) (May 14). `amendment-introduction, amendment-passage, committee-passage`
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- **2026-05-14** Read second time and amended. Ordered returned to second reading. `amendment-passage, reading-1, reading-2`
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- **2026-05-18** Read second time. Ordered to third reading. `reading-1, reading-2`
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- **2026-05-27** Read third time. Passed. Ordered to the Assembly. (Ayes 34. Noes 0.). `passage, reading-1, reading-3`
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- **2026-05-27** In Assembly. Concurrence in Senate amendments pending.
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- **2026-06-22** Senate amendments concurred in. To Engrossing and Enrolling. (Ayes 60. Noes 1.). `amendment-passage, committee-passage-favorable`
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- **2026-06-23** Enrolled and presented to the Governor at 11:30 a.m.
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- **2026-06-29** Approved by the Governor. `executive-signature`
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- **2026-06-29** Chaptered by Secretary of State - Chapter 18, Statutes of 2026. `became-law`
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## Source
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OpenStates / OpenCivicData bulk snapshot [2026-07-01](https://data.openstates.org/daily/2026-07-01/public.pgdump); origin `ocd-bill/3a7535a5-2c1f-4dd3-87cd-9d139cd4fc69`. Confidence: reported (aggregated from official California legislature records).
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