Back to California

AB-321 • 2026

Misdemeanors.

Misdemeanors.

Crime
Enacted

This bill passed the Legislature and reached final enactment based on the latest official action.

Sponsor
Schultz
Last action
2025-10-11
Official status
Chaptered by Secretary of State - Chapter 611, Statutes of 2025.
Effective date
Not listed

Plain English Breakdown

The exact effective date of the bill is unknown as it was not provided in the official material.

Making Certain Crimes Misdemeanors

This law changes the timing for when certain crimes can be treated as misdemeanors instead of felonies, and sets rules for subsequent requests to change a case from felony to misdemeanor.

What This Bill Does

  • Changes the time when a crime can be called a misdemeanor. Now, it can happen before trial if the court decides.
  • Limits how often someone can ask the court to treat a crime as a misdemeanor after being denied once.
  • Requires that any new request for changing a case from felony to misdemeanor must show something has changed since the last denial.

Who It Names or Affects

  • People involved in criminal cases who might be charged with a crime.
  • Judges and courts that decide on criminal cases.

Terms To Know

Felony
A serious crime that can lead to more than one year in prison or other severe punishments.
Misdemeanor
A less serious crime that usually results in a shorter jail time or fines, not over a year in prison.

Limits and Unknowns

  • The bill does not specify when it will start to be used.
  • It only changes how certain crimes can become misdemeanors before trial and doesn't affect other parts of the criminal justice system.

Bill History

  1. 2025-10-11 California Legislative Information

    Chaptered by Secretary of State - Chapter 611, Statutes of 2025.

  2. 2025-10-11 California Legislative Information

    Approved by the Governor.

  3. 2025-09-15 California Legislative Information

    Enrolled and presented to the Governor at 4:30 p.m.

  4. 2025-09-08 California Legislative Information

    Senate amendments concurred in. To Engrossing and Enrolling. (Ayes 55. Noes 12. Page 3023.).

  5. 2025-09-04 California Legislative Information

    In Assembly. Concurrence in Senate amendments pending.

  6. 2025-09-04 California Legislative Information

    Read third time. Passed. Ordered to the Assembly. (Ayes 23. Noes 13. Page 2508.).

  7. 2025-08-20 California Legislative Information

    Read second time. Ordered to third reading.

  8. 2025-08-19 California Legislative Information

    Read third time and amended. Ordered to second reading.

  9. 2025-06-11 California Legislative Information

    Read second time. Ordered to third reading.

  10. 2025-06-10 California Legislative Information

    From committee: Do pass. (Ayes 5. Noes 1.) (June 10).

  11. 2025-05-29 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.

  12. 2025-05-07 California Legislative Information

    Referred to Com. on PUB. S.

  13. 2025-03-13 California Legislative Information

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

  14. 2025-03-13 California Legislative Information

    Read third time. Passed. Ordered to the Senate. (Ayes 52. Noes 6. Page 617.)

  15. 2025-03-10 California Legislative Information

    Ordered to third reading.

  16. 2025-03-10 California Legislative Information

    From Consent Calendar.

  17. 2025-03-05 California Legislative Information

    Read second time. Ordered to Consent Calendar.

  18. 2025-03-04 California Legislative Information

    From committee: Do pass. To Consent Calendar. (Ayes 9. Noes 0.) (March 4).

  19. 2025-02-10 California Legislative Information

    Referred to Com. on PUB. S.

  20. 2025-01-27 California Legislative Information

    Read first time.

  21. 2025-01-25 California Legislative Information

    From printer. May be heard in committee February 24.

  22. 2025-01-24 California Legislative Information

    Introduced. To print.

Official Summary Text

AB 321, Schultz.
Misdemeanors.
Existing law provides that a crime punishable with death, by imprisonment in the state prison, or by imprisonment in a county jail for more than one year is a felony and all other offenses, except those that are classified as infractions, are misdemeanors. Existing law further provides that a crime that is punishable, in the discretion of the court, as a felony or as a misdemeanor is a misdemeanor under certain circumstances, including when, at or before the preliminary examination or prior to a certain order being filed, the magistrate determines that the offense is a misdemeanor.
This bill would instead make a crime a misdemeanor under that condition any time the court, prior to trial, determines that the offense is a misdemeanor. The bill would also require, following a denial of a motion under this provision, a subsequent motion to be made
only upon a showing of changed circumstances.

Current Bill Text

Read the full stored bill text
Download Bill PDF