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AB-2297 • 2026

Restitution: diversion.

Restitution: diversion.

Crime
Passed Legislature

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

Sponsor
Stefani
Last action
2026-04-20
Official status
In Senate. Read first time. To Com. on RLS. for assignment.
Effective date
Not listed

Plain English Breakdown

The candidate explanation included claims that were not fully supported by the official source material.

Restitution in Diversion Programs

This law requires courts to order restitution for victims when defendants participate in certain diversion programs, provided that defendants are informed about their right to a judicial determination of the amount and can waive this hearing.

What This Bill Does

  • Requires a court to order restitution to victims when a defendant participates in a diversion program if the defendant is informed of their rights regarding restitution hearings.
  • Prohibits inability to pay due to poverty or mental health issues from being used against defendants in diversion programs.

Who It Names or Affects

  • Victims of crimes
  • Defendants participating in diversion programs

Terms To Know

diversion program
A program that allows a defendant to avoid formal criminal charges if they complete certain requirements.
restitution
Money or other compensation paid by someone who has caused harm to another person.

Limits and Unknowns

  • The bill does not specify how the restitution will be collected from defendants who cannot pay.
  • It is unclear what happens if a defendant withdraws from the diversion program after being ordered to pay restitution.

Bill History

  1. 2026-04-20 California Legislative Information

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

  2. 2026-04-20 California Legislative Information

    Read third time. Passed. Ordered to the Senate.

  3. 2026-04-09 California Legislative Information

    Read second time. Ordered to third reading.

  4. 2026-04-08 California Legislative Information

    From committee: Do pass. (Ayes 8. Noes 0.) (April 7).

  5. 2026-04-06 California Legislative Information

    Re-referred to Com. on PUB. S.

  6. 2026-03-26 California Legislative Information

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

  7. 2026-03-09 California Legislative Information

    Referred to Com. on PUB. S.

  8. 2026-02-20 California Legislative Information

    From printer. May be heard in committee March 22.

  9. 2026-02-19 California Legislative Information

    Read first time. To print.

Official Summary Text

AB 2297, as amended, Stefani.
Restitution: diversion.
Existing law requires a court to, in every case where a person is convicted of a crime, order restitution to the victim or victims, as specified. Existing law creates and authorizes a number of diversion and deferred entry of judgment programs, which either defer entry of a plea of guilty by the defendant or postpone the proceedings of the case as long as the defendant participates in the program. Existing law requires the court to dismiss the plea or charges if the defendant has performed satisfactorily during the program.
This bill would require the court to order restitution to the victims or victims when a defendant participates in a diversion program, provided that the defendant is informed of their right to have a judicial determination of the amount of restitution and is provided with a hearing, waives a hearing, or stipulates to the
amount of restitution ordered.
If the court finds restitution is owed pursuant to this provision, the bill would require the court to order payment of restitution during the period of diversion.
The bill would prohibit a defendant’s inability to pay restitution due to indigence or mental disorder from being grounds for denial of diversion or a finding that the defendant failed to comply with the terms of diversion.
The bill would require an order for restitution to be suspended until the resolution of criminal proceedings if a defendant withdraws from diversion or fails to complete the terms of diversion.

Current Bill Text

Read the full stored bill text
Download Bill PDF