Misdemeanor diversion.

Plain English Breakdown

The bill summary does not provide specific details on how many people will be eligible for or participate in the diversion program, making this information uncertain.

Misdemeanor Diversion Program

This law changes how courts handle misdemeanor cases by allowing judges to offer diversion programs and requiring certain information to be sent to the Department of Motor Vehicles (DMV) when a case is dismissed after successful completion of such a program.

What This Bill Does

• Allows judges to offer defendants in misdemeanor cases a chance to complete a diversion program, even if the prosecutor objects.
• Requires courts to direct prosecutors to notify the DMV about arrests or incidents for people who would have had their criminal record sent to the DMV if they were convicted.
• Requires courts to send information to the DMV when a defendant successfully completes a diversion program and has their case dismissed.
• Requires the DMV to add points to a driver's record based on violations that would normally result in points, even though the case was dismissed due to successful completion of a diversion program.

Who It Names or Affects

• People charged with misdemeanors who might be eligible for a diversion program.
• Courts and judges handling misdemeanor cases.
• Prosecutors involved in misdemeanor cases.
• The Department of Motor Vehicles (DMV) which will receive information about arrests or incidents and points to add to driver's records.

Terms To Know

Diversion Program

A program where defendants can complete certain requirements instead of going through a full trial for some misdemeanor offenses.

Department of Motor Vehicles (DMV)

The state agency responsible for issuing driver's licenses and maintaining driving records, including points for traffic violations.

Limits and Unknowns

• It is not clear how many people will be eligible for or participate in the diversion program.
• Local agencies may need to spend more money due to new duties required by this law.
• The exact details of how the DMV will handle points after a successful diversion are still being determined.

Official Summary Text

AB 1662, as amended, Wilson.
Driving record: points: misdemeanor
Misdemeanor
diversion.
Existing law authorizes a judge in a case where a misdemeanor is being prosecuted, over the objection of the prosecuting attorney, to offer diversion to the defendant. Existing law prohibits this type of diversion when, among other things, the current charged offense is willfully, maliciously, and repeatedly following or willfully and maliciously harassing another person while making a credible threat toward that person, as specified.
Existing law requires the clerk of a court, in which a person was convicted of a violation of the Vehicle Code or other specified provisions, to prepare within 5 days after conviction and immediately forward to the Department
of Motor Vehicles an abstract of the record of the court covering the case in which the person was convicted.
This bill would require the court, if the court grants diversion to a defendant who, if they had been convicted, would have had an abstract of record forwarded to the department pursuant to the above provisions, to instead direct that the prosecuting attorney ensure notice of the arrest or incident is provided to the department, as specified. By increasing the duties on local officials, this bill would impose a state-mandated local program.
The California Constitution requires the state to reimburse local agencies and school districts for certain costs mandated by the state. Statutory provisions establish procedures for making that reimbursement.
This
bill would provide that, if the Commission on State Mandates determines that the bill contains costs mandated by the state, reimbursement for those costs shall be made pursuant to the statutory provisions noted above.
Existing law imposes various violation points against a driver’s record for purposes of the suspension or revocation of the privilege to drive by the Department of Motor Vehicles (DMV) if a driver is convicted of a number of specified violations, including a conviction of driving under the influence or vehicular manslaughter. Existing law authorizes a judge in the superior court in which a misdemeanor is being prosecuted to offer diversion to a defendant, and requires the judge, at the end of the diversion period and if the defendant has complied with the imposed terms and conditions, to dismiss the action against the defendant.
This bill would require a court that has, upon the above-described diversion, dismissed a misdemeanor case that includes a violation that is required to be assessed points to transmit that information to the DMV, and
would require the DMV to assess the applicable points on the driver’s record.

Current Bill Text

Download Bill PDF