California bills · 2025-2026 Regular Session
California AB 1231
Criminal procedure: Safer Communities Through Opportunities Act.
- Introduced
- In committee
- Passed House
- Passed Senate
- To Governor
- Became law
Sponsors
- Elhawary (Democratic)
Cosponsors (3)
- Lowenthal (Democratic)
- McKinnor (Democratic)
- Smallwood-Cuevas (Democratic)
Summary
Official abstract published by the California legislature· summary
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.
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.
Text versions
- 09/05/25 - Amended Senate· Sep 5, 2025
- 08/29/25 - Amended Senate· Aug 29, 2025
- 07/01/25 - Amended Senate· Jul 1, 2025
- 05/23/25 - Amended Assembly· May 23, 2025
- 04/10/25 - Amended Assembly· Apr 10, 2025
- 03/24/25 - Amended Assembly· Mar 24, 2025
- 02/21/25 - Introduced· Feb 21, 2025
- AB1231
Roll-call votes
State vote data last updated Oct 16, 2026, 8:07 AM.
| Date | Vote | Result | Your legislators |
|---|---|---|---|
| Sep 13, 2025 Senate | 3rd Reading AB1231 Elhawary et al. By Cortese | pass | Set your home in California to see |
| Sep 13, 2025 House | AB 1231 ELHAWARY Concurrence in Senate Amendments | fail | Set your home in California to see |
| Aug 29, 2025 Senate | Do pass as amended | pass | Set your home in California to see |
| Aug 18, 2025 Senate | Placed on suspense file | pass | Set your home in California to see |
| Jul 15, 2025 Senate | Do pass, but first be re-referred to the Committee on [Appropriations] | pass | Set your home in California to see |
| Jun 3, 2025 House | AB 1231 Elhawary Assembly Third Reading | pass | Set your home in California to see |
| May 23, 2025 House | Do pass as amended. | pass | Set your home in California to see |
| Apr 8, 2025 House | Do pass as amended and be re-referred to the Committee on [Appropriations] | pass | Set your home in California to see |
Actions
- Sep 13, 2025 · House
Motion to reconsider made by Assembly Member Elhawary. - Sep 13, 2025 · House
Assembly refused to concur in Senate amendments. (Ayes 34. Noes 27. Page 3497.) - Sep 13, 2025 · House
Assembly Rule 63 suspended. (Page 3484.) - Sep 13, 2025 · House
Joint Rules 61(a)(14) and 51(a)(4) suspended. (Ayes 59. Noes 20. Page 3413.) - Sep 13, 2025 · House
In Assembly. Concurrence in Senate amendments pending. - Sep 13, 2025 · Senate
Read third time. Passed. Ordered to the Assembly. (Ayes 21. Noes 16. Page 3019.). - Sep 8, 2025 · Senate
Read second time. Ordered to third reading. - Sep 5, 2025 · Senate
Read third time and amended. Ordered to second reading. - Sep 2, 2025 · Senate
Read second time. Ordered to third reading. - Aug 29, 2025 · Senate
Read second time and amended. Ordered returned to second reading. - Aug 29, 2025 · Senate
From committee: Amend, and do pass as amended. (Ayes 5. Noes 2.) (August 29). - Aug 18, 2025 · Senate
In committee: Referred to suspense file. - Jul 15, 2025 · Senate
From committee: Do pass and re-refer to Com. on APPR. (Ayes 4. Noes 1.) (July 15). Re-referred to Com. on APPR. - Jul 1, 2025 · Senate
From committee chair, with author's amendments: Amend, and re-refer to committee. Read second time, amended, and re-referred to Com. on PUB. S. - Jun 11, 2025 · Senate
Referred to Com. on PUB. S. - Jun 3, 2025 · Senate
In Senate. Read first time. To Com. on RLS. for assignment. - Jun 2, 2025 · House
Read third time. Passed. Ordered to the Senate. (Ayes 42. Noes 25. Page 1936.) - May 27, 2025 · House
Read second time. Ordered to third reading. - May 23, 2025 · House
Read second time and amended. Ordered returned to second reading. - May 23, 2025 · House
From committee: Amend, and do pass as amended. (Ayes 11. Noes 3.) (May 23). - May 23, 2025 · House
Assembly Rule 63 suspended. (Ayes 51. Noes 16. Page 1644.) - Apr 30, 2025 · House
In committee: Set, first hearing. Referred to suspense file. - Apr 21, 2025 · House
Re-referred to Com. on APPR. - Apr 10, 2025 · House
Read second time and amended. - Apr 9, 2025 · House
From committee: Amend, and do pass as amended and re-refer to Com. on APPR. (Ayes 5. Noes 2.) (April 8). - Mar 25, 2025 · House
Re-referred to Com. on PUB. S. - Mar 24, 2025 · House
From committee chair, with author's amendments: Amend, and re-refer to Com. on PUB. S. Read second time and amended. - Mar 10, 2025 · House
Referred to Com. on PUB. S. - Feb 24, 2025 · House
Read first time. - Feb 22, 2025 · House
From printer. May be heard in committee March 24. - Feb 21, 2025 · House
Introduced. To print.