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AB-1231 • 2026

Criminal procedure: Safer Communities Through Opportunities Act.

Criminal procedure: Safer Communities Through Opportunities Act.

Crime
Passed Legislature

This bill passed both chambers and reached final enrollment, even if later executive action is not shown here.

Sponsor
Elhawary
Last action
2025-09-13
Official status
Motion to reconsider made by Assembly Member Elhawary.
Effective date
Not listed

Plain English Breakdown

The official source does not specify which felonies qualify for pretrial diversion, leaving this detail uncertain.

Safer Communities Through Opportunities Act

This act allows judges to offer pretrial diversion for some felony cases and sets rules about when this can happen.

What This Bill Does

  • Allows judges to give defendants a chance to avoid trial if they agree to follow certain conditions, but only for specific felonies.
  • Requires the judge to consider information from both the prosecutor and the defendant before deciding on pretrial diversion.
  • Forces the court not to offer pretrial diversion unless it believes the plan will reduce risks to public safety and help the defendant.
  • Gives the court permission to restart criminal proceedings if the defendant commits a violent misdemeanor while in pretrial diversion.
  • Requires the court to dismiss charges if the defendant follows all conditions during the pretrial diversion period.

Who It Names or Affects

  • Judges who handle felony cases
  • Defendants facing felony charges
  • Prosecutors involved in felony cases

Terms To Know

Pretrial Diversion
A program where defendants can avoid trial if they follow certain rules and conditions set by the court.
Felony
A serious crime that is usually punished with more than a year in prison.

Limits and Unknowns

  • The bill does not specify which felonies are eligible for pretrial diversion.
  • It's unclear how this will affect the number of cases where defendants get pretrial diversion.
  • There are no details on what happens if the court decides to restart criminal proceedings.

Bill History

  1. 2025-09-13 California Legislative Information

    Motion to reconsider made by Assembly Member Elhawary.

  2. 2025-09-13 California Legislative Information

    Assembly refused to concur in Senate amendments. (Ayes 34. Noes 27. Page 3497.)

  3. 2025-09-13 California Legislative Information

    Assembly Rule 63 suspended. (Page 3484.)

  4. 2025-09-13 California Legislative Information

    Joint Rules 61(a)(14) and 51(a)(4) suspended. (Ayes 59. Noes 20. Page 3413.)

  5. 2025-09-13 California Legislative Information

    In Assembly. Concurrence in Senate amendments pending.

  6. 2025-09-13 California Legislative Information

    Read third time. Passed. Ordered to the Assembly. (Ayes 21. Noes 16. Page 3019.).

  7. 2025-09-08 California Legislative Information

    Read second time. Ordered to third reading.

  8. 2025-09-05 California Legislative Information

    Read third time and amended. Ordered to second reading.

  9. 2025-09-02 California Legislative Information

    Read second time. Ordered to third reading.

  10. 2025-08-29 California Legislative Information

    Read second time and amended. Ordered returned to second reading.

  11. 2025-08-29 California Legislative Information

    From committee: Amend, and do pass as amended. (Ayes 5. Noes 2.) (August 29).

  12. 2025-08-18 California Legislative Information

    In committee: Referred to suspense file.

  13. 2025-07-15 California Legislative Information

    From committee: Do pass and re-refer to Com. on APPR. (Ayes 4. Noes 1.) (July 15). Re-referred to Com. on APPR.

  14. 2025-07-01 California Legislative Information

    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.

  15. 2025-06-11 California Legislative Information

    Referred to Com. on PUB. S.

  16. 2025-06-03 California Legislative Information

    In Senate. Read first time. To Com. on RLS. for assignment.

  17. 2025-06-02 California Legislative Information

    Read third time. Passed. Ordered to the Senate. (Ayes 42. Noes 25. Page 1936.)

  18. 2025-05-27 California Legislative Information

    Read second time. Ordered to third reading.

  19. 2025-05-23 California Legislative Information

    Read second time and amended. Ordered returned to second reading.

  20. 2025-05-23 California Legislative Information

    From committee: Amend, and do pass as amended. (Ayes 11. Noes 3.) (May 23).

  21. 2025-05-23 California Legislative Information

    Assembly Rule 63 suspended. (Ayes 51. Noes 16. Page 1644.)

  22. 2025-04-30 California Legislative Information

    In committee: Set, first hearing. Referred to suspense file.

  23. 2025-04-21 California Legislative Information

    Re-referred to Com. on APPR.

  24. 2025-04-10 California Legislative Information

    Read second time and amended.

  25. 2025-04-09 California Legislative Information

    From committee: Amend, and do pass as amended and re-refer to Com. on APPR. (Ayes 5. Noes 2.) (April 8).

  26. 2025-03-25 California Legislative Information

    Re-referred to Com. on PUB. S.

  27. 2025-03-24 California Legislative Information

    From committee chair, with author's amendments: Amend, and re-refer to Com. on PUB. S. Read second time and amended.

  28. 2025-03-10 California Legislative Information

    Referred to Com. on PUB. S.

  29. 2025-02-24 California Legislative Information

    Read first time.

  30. 2025-02-22 California Legislative Information

    From printer. May be heard in committee March 24.

  31. 2025-02-21 California Legislative Information

    Introduced. To print.

Official Summary Text

AB 1231, as amended, Elhawary.
Criminal procedure: Safer Communities Through Opportunities Act.
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
defendant
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.

Current Bill Text

Read the full stored bill text 
Download Bill PDF