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    AB-1231
    Justice & Public Safety

    Criminal procedure: Safer Communities Through Opportunities Act.

    Engrossed
    CA
    ∙
    2025-2026 Regular Session
    0
    0
    Track
    Track

    Key Takeaways

    • Establishes a new pretrial diversion program allowing courts to defer prosecution for certain non-violent felonies.
    • Requires courts to dismiss charges if defendants complete individualized diversion programs within 24 months.
    • Excludes serious crimes like domestic violence, sexual offenses, and cases involving firearms or severe injury.
    • Mandates quarterly progress reports and allows courts to modify or revoke diversion for non-compliance.

    Summary

    Assembly Member Elhawary's Safer Communities Through Opportunities Act establishes a framework for courts to grant pretrial diversion for certain felony offenses, expanding California's existing diversion programs beyond misdemeanors. The legislation authorizes courts to divert eligible defendants into supervised programs for up to 24 months before trial, provided the proposed plan mitigates public safety risks and demonstrates likely benefit to the participant.

    The bill limits eligibility to non-violent, non-serious felonies punishable by 16 months to 3 years in state prison or as misdemeanors. It explicitly excludes offenses involving great bodily injury, firearms, domestic violence, sexual offenses requiring registration, and certain vehicle code violations. Courts must consider input from prosecutors, defense counsel, probation officers, victims, and service providers when evaluating diversion requests. The legislation gives particular consideration to defendants with histories of surviving human trafficking, domestic violence, or sexual assault.

    Under the program, courts may order individually tailored diversion plans specifying required services and conditions, with progress monitored through quarterly reports. While participants must pay any applicable restitution, inability to pay due to indigence cannot be grounds for denial or failure. Upon successful completion, courts must dismiss the charges and seal arrest records, though criminal justice agencies retain access. The bill preserves victims' rights under Marsy's Law and allows courts to reinstate criminal proceedings if participants commit new offenses or significantly violate program terms.

    Key Dates

    Vote on Senate Floor
    Senate Floor
    Vote on Senate Floor
    Assembly 3rd Reading AB1231 Elhawary et al. By Cortese
    Vote on Assembly Floor
    Assembly Floor
    Vote on Assembly Floor
    AB 1231 ELHAWARY Concurrence in Senate Amendments
    Vote on Senate Floor
    Senate Floor
    Vote on Senate Floor
    Assembly 3rd Reading AB1231 Elhawary et al. By Cortese
    Senate Appropriations Hearing
    Senate Committee
    Senate Appropriations Hearing
    Do pass as amended
    Senate Appropriations Hearing
    Senate Committee
    Senate Appropriations Hearing
    Placed on suspense file
    Senate Public Safety Hearing
    Senate Committee
    Senate Public Safety Hearing
    Do pass, but first be re-referred to the Committee on [Appropriations]
    Vote on Assembly Floor
    Assembly Floor
    Vote on Assembly Floor
    AB 1231 Elhawary Assembly Third Reading
    Assembly Appropriations Hearing
    Assembly Committee
    Assembly Appropriations Hearing
    Do pass as amended
    Assembly Public Safety Hearing
    Assembly Committee
    Assembly Public Safety Hearing
    Do pass as amended and be re-referred to the Committee on [Appropriations]
    Introduced
    Assembly Floor
    Introduced
    Introduced. To print.

    Contacts

    Profile
    Tina McKinnorD
    Assemblymember
    Bill Author
    Not Contacted
    Not Contacted
    Profile
    Josh LowenthalD
    Assemblymember
    Bill Author
    Not Contacted
    Not Contacted
    Profile
    Lola Smallwood-CuevasD
    Senator
    Bill Author
    Not Contacted
    Not Contacted
    Profile
    Sade ElhawaryD
    Assemblymember
    Bill Author
    Not Contacted
    Not Contacted
    0 of 4 row(s) selected.
    Page 1 of 1
    Select All Legislators
    Profile
    Tina McKinnorD
    Assemblymember
    Bill Author
    Profile
    Josh LowenthalD
    Assemblymember
    Bill Author
    Profile
    Lola Smallwood-CuevasD
    Senator
    Bill Author
    Profile
    Sade ElhawaryD
    Assemblymember
    Bill Author

    Get Involved

    Act Now!

    Email the authors or create an email template to send to all relevant legislators.

    Introduced By

    Sade Elhawary
    Sade ElhawaryD
    California State Assembly Member
    Josh Lowenthal
    Josh LowenthalD
    California State Assembly Member
    Co-Authors
    Tina McKinnor
    Tina McKinnorD
    California State Assembly Member
    Lola Smallwood-Cuevas
    Lola Smallwood-CuevasD
    California State Senator
    40% progression
    Bill has passed all readings in its first house and is ready to move to the other house (6/2/2025)

    Latest Voting History

    View History
    September 13, 2025
    PASS
    Assembly Floor
    Vote on Assembly Floor
    AyesNoesNVRTotalResult
    34271980PASS

    Key Takeaways

    • Establishes a new pretrial diversion program allowing courts to defer prosecution for certain non-violent felonies.
    • Requires courts to dismiss charges if defendants complete individualized diversion programs within 24 months.
    • Excludes serious crimes like domestic violence, sexual offenses, and cases involving firearms or severe injury.
    • Mandates quarterly progress reports and allows courts to modify or revoke diversion for non-compliance.

    Get Involved

    Act Now!

    Email the authors or create an email template to send to all relevant legislators.

    Introduced By

    Sade Elhawary
    Sade ElhawaryD
    California State Assembly Member
    Josh Lowenthal
    Josh LowenthalD
    California State Assembly Member
    Co-Authors
    Tina McKinnor
    Tina McKinnorD
    California State Assembly Member
    Lola Smallwood-Cuevas
    Lola Smallwood-CuevasD
    California State Senator

    Summary

    Assembly Member Elhawary's Safer Communities Through Opportunities Act establishes a framework for courts to grant pretrial diversion for certain felony offenses, expanding California's existing diversion programs beyond misdemeanors. The legislation authorizes courts to divert eligible defendants into supervised programs for up to 24 months before trial, provided the proposed plan mitigates public safety risks and demonstrates likely benefit to the participant.

    The bill limits eligibility to non-violent, non-serious felonies punishable by 16 months to 3 years in state prison or as misdemeanors. It explicitly excludes offenses involving great bodily injury, firearms, domestic violence, sexual offenses requiring registration, and certain vehicle code violations. Courts must consider input from prosecutors, defense counsel, probation officers, victims, and service providers when evaluating diversion requests. The legislation gives particular consideration to defendants with histories of surviving human trafficking, domestic violence, or sexual assault.

    Under the program, courts may order individually tailored diversion plans specifying required services and conditions, with progress monitored through quarterly reports. While participants must pay any applicable restitution, inability to pay due to indigence cannot be grounds for denial or failure. Upon successful completion, courts must dismiss the charges and seal arrest records, though criminal justice agencies retain access. The bill preserves victims' rights under Marsy's Law and allows courts to reinstate criminal proceedings if participants commit new offenses or significantly violate program terms.

    40% progression
    Bill has passed all readings in its first house and is ready to move to the other house (6/2/2025)

    Key Dates

    Vote on Senate Floor
    Senate Floor
    Vote on Senate Floor
    Assembly 3rd Reading AB1231 Elhawary et al. By Cortese
    Vote on Assembly Floor
    Assembly Floor
    Vote on Assembly Floor
    AB 1231 ELHAWARY Concurrence in Senate Amendments
    Vote on Senate Floor
    Senate Floor
    Vote on Senate Floor
    Assembly 3rd Reading AB1231 Elhawary et al. By Cortese
    Senate Appropriations Hearing
    Senate Committee
    Senate Appropriations Hearing
    Do pass as amended
    Senate Appropriations Hearing
    Senate Committee
    Senate Appropriations Hearing
    Placed on suspense file
    Senate Public Safety Hearing
    Senate Committee
    Senate Public Safety Hearing
    Do pass, but first be re-referred to the Committee on [Appropriations]
    Vote on Assembly Floor
    Assembly Floor
    Vote on Assembly Floor
    AB 1231 Elhawary Assembly Third Reading
    Assembly Appropriations Hearing
    Assembly Committee
    Assembly Appropriations Hearing
    Do pass as amended
    Assembly Public Safety Hearing
    Assembly Committee
    Assembly Public Safety Hearing
    Do pass as amended and be re-referred to the Committee on [Appropriations]
    Introduced
    Assembly Floor
    Introduced
    Introduced. To print.

    Latest Voting History

    View History
    September 13, 2025
    PASS
    Assembly Floor
    Vote on Assembly Floor
    AyesNoesNVRTotalResult
    34271980PASS

    Contacts

    Profile
    Tina McKinnorD
    Assemblymember
    Bill Author
    Not Contacted
    Not Contacted
    Profile
    Josh LowenthalD
    Assemblymember
    Bill Author
    Not Contacted
    Not Contacted
    Profile
    Lola Smallwood-CuevasD
    Senator
    Bill Author
    Not Contacted
    Not Contacted
    Profile
    Sade ElhawaryD
    Assemblymember
    Bill Author
    Not Contacted
    Not Contacted
    0 of 4 row(s) selected.
    Page 1 of 1
    Select All Legislators
    Profile
    Tina McKinnorD
    Assemblymember
    Bill Author
    Profile
    Josh LowenthalD
    Assemblymember
    Bill Author
    Profile
    Lola Smallwood-CuevasD
    Senator
    Bill Author
    Profile
    Sade ElhawaryD
    Assemblymember
    Bill Author