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California bills · 2025-2026 Regular Session

California AB 46

Diversion.

  1. Introduced
  2. In committee
  3. Passed House
  4. Passed Senate
  5. To Governor
  6. Became law

Sponsors

Cosponsors (10)

Summary

Official abstract published by the California legislature· summary

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. This bill would require that the diagnosis or rediagnosis with a mental disorder be within 5 years before the alleged offense. Existing law makes a defendant suitable for this diversion program if, among other criteria, a qualified mental health expert opines that the defendant's symptoms of the mental disorder that caused, contributed to, or motivated the criminal behavior, would respond to mental health treatment and the defendant will not pose an unreasonable risk of danger to public safety if treated in the community, as specified. The bill would revise that standard and instead require the court to find that the defendant will not pose a substantial and undue risk to the physical safety of another person if treated in the community. The bill would require the mental health expert's opinion to include that the proposed mental health diversion plan is clinically appropriate to address the symptoms of the defendant's mental disorder, as specified. The bill would require the court to state the reasons for denial on the record.

Text versions

Roll-call votes

State vote data last updated Oct 15, 2026, 8:06 AM.

DateVoteResultYour legislators
Jun 22, 2026
House		AB 46 Nguyen Concurrence in Senate AmendmentspassSet your home in California to see
May 27, 2026
Senate		3rd Reading AB46 Nguyen et al. By BlakespearpassSet your home in California to see
May 14, 2026
Senate		Do pass as amendedpassSet your home in California to see
May 11, 2026
Senate		Placed on suspense filepassSet your home in California to see
Mar 17, 2026
Senate		Do pass, but first be re-referred to the Committee on [Appropriations]passSet your home in California to see
Jul 8, 2025
Senate		Do pass as amended, but first amend, and re-refer to the Committee on [Appropriations]passSet your home in California to see
May 19, 2025
House		AB 46 Nguyen Assembly Third ReadingpassSet your home in California to see
May 14, 2025
House		Do pass.passSet your home in California to see
Apr 29, 2025
House		Do pass as amended and be re-referred to the Committee on [Appropriations]passSet your home in California to see

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