California Senate Bill 1025
Session 20232024
Pretrial diversion for veterans.
Became Law
Became Law on Sep 29, 2024
Origin Chamber
Senate
Type
Bill
Bill Number
1025
State
California
Session
20232024
Author
Motion Text
Unfinished Business SB1025 Eggman Concurrence
Senate Roll Call Votes
Yes
Yes
Other
Other
Yes
Yes
Yes
Yes
Yes
Yes
Other
Yes
Other
Other
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Yes
Summary
Existing law provides for the diversion of specified criminal offenders in alternate sentencing and treatment programs. Existing law provides for a pretrial diversion program for a defendant who was, or currently is, a member of the Armed Forces of the United States, who may be suffering from sexual trauma, traumatic brain injury, post-traumatic stress disorder, substance abuse, or mental health problems as a result of the defendant's military service. Existing law authorizes the court, with the consent of the defendant and a waiver of the defendant's speedy trial right, to postpone prosecution, either temporarily or permanently, of a criminal offense and place the defendant in a pretrial diversion program.
This bill would add felony offenses, as specified, to the pretrial diversion program for a defendant who was, or currently is, a member of the Armed Forces of the United States and when the defendant's condition was a significant factor in the commission of the charged offense. The bill would require the court to find that the defendant's condition was a significant factor in the commission of the offense unless there is clear and convincing evidence otherwise and would authorize the court to consider any relevant and credible evidence in making this determination. By requiring counties to coordinate services for a new group of veterans, this bill would impose a state-mandated local program.
Existing law specifically authorizes a defendant who has been convicted of certain misdemeanor offenses related to driving under the influence to be placed in that diversion program.
This bill would prohibit a defendant who has been convicted of any other offense related to driving under the influence from being placed in that diversion program.
Existing law prohibits a person, who has been found by a court to be prohibited from owning or controlling a firearm because they are a danger to themselves or others and has been granted pretrial mental health diversion, from owning or possessing a firearm until the person successfully completes diversion or their firearm rights are restored, as specified. A violation of this prohibition is punishable as a crime.
This bill would authorize the prosecution to request an order from the court, as specified, to prohibit a veteran defendant in diversion from controlling, owning, purchasing, possessing, or receiving a firearm because they are a danger to themselves or others until they successfully complete diversion or their firearm rights are restored, as specified. By expanding the group of people to whom a crime applies, this bill would impose a state-mandated local program.
This bill would incorporate additional changes to Section 8103 of the Welfare and Institutions Code proposed by AB 2629 and SB 1002 to be operative only if this bill and one or both of those bills are enacted and this bill is enacted last.
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 with regard to certain mandates no reimbursement is required by this act for a specified reason.
With regard to any other mandates, this bill would provide that, if the Commission on State Mandates determines that the bill contains costs so mandated by the state, reimbursement for those costs shall be made pursuant to the statutory provisions noted above.
02/06/24 - Introduced
February 6, 2024
03/21/24 - Amended Senate
March 21, 2024
08/19/24 - Amended Assembly
August 19, 2024
08/23/24 - Amended Assembly
August 23, 2024
09/04/24 - Enrolled
September 4, 2024
09/29/24 - Chaptered
September 29, 2024
03/08/24- Senate Public Safety
March 8, 2024
03/14/24- Senate Public Safety
March 14, 2024
04/12/24- Senate Appropriations
April 12, 2024
05/17/24- Sen. Floor Analyses
May 17, 2024
06/17/24- Assembly Public Safety
June 17, 2024
06/28/24- Assembly Appropriations
June 28, 2024
08/21/24- ASSEMBLY FLOOR ANALYSIS
August 21, 2024
08/23/24- ASSEMBLY FLOOR ANALYSIS
August 23, 2024
08/29/24- Sen. Floor Analyses
August 29, 2024
Sort by most recent
09/29/2024
California State Legislature
Chaptered by Secretary of State. Chapter 924, Statutes of 2024.
09/29/2024
California State Legislature
Approved by the Governor.
09/10/2024
California State Legislature
Enrolled and presented to the Governor at 4 p.m.
08/30/2024
Senate
Assembly amendments concurred in. (Ayes 35. Noes 0. Page 5728.) Ordered to engrossing and enrolling.
08/30/2024
Senate
In Senate. Concurrence in Assembly amendments pending.
08/29/2024
Assembly
Read third time. Passed. (Ayes 74. Noes 0. Page 6895.) Ordered to the Senate.
08/23/2024
Assembly
Ordered to third reading.
08/23/2024
Assembly
Read third time and amended.
08/20/2024
Assembly
Read second time. Ordered to third reading.
08/19/2024
Assembly
Read second time and amended. Ordered to second reading.
08/15/2024
Assembly
From committee: Do pass as amended. (Ayes 12. Noes 0.) (August 15).
07/02/2024
Assembly
July 2 set for first hearing. Placed on suspense file.
06/18/2024
Assembly
From committee: Do pass and re-refer to Com. on APPR. (Ayes 7. Noes 0.) (June 18). Re-referred to Com. on APPR.
05/28/2024
Assembly
Referred to Com. on PUB. S.
05/21/2024
Assembly
In Assembly. Read first time. Held at Desk.
05/20/2024
Senate
Read third time. Passed. (Ayes 33. Noes 0. Page 4029.) Ordered to the Assembly.
05/16/2024
Senate
Read second time. Ordered to third reading.
05/16/2024
Senate
From committee: Do pass. (Ayes 5. Noes 2. Page 3968.) (May 16).
05/10/2024
Senate
Set for hearing May 16.
04/15/2024
Senate
April 15 hearing: Placed on APPR suspense file.
04/05/2024
Senate
Set for hearing April 15.
03/21/2024
Senate
Read second time and amended. Re-referred to Com. on APPR.
03/20/2024
Senate
From committee: Do pass as amended and re-refer to Com. on APPR. (Ayes 4. Noes 0. Page 3351.) (March 19).
03/13/2024
Senate
Set for hearing March 19.
03/12/2024
Senate
March 12 set for first hearing canceled at the request of author.
02/23/2024
Senate
Set for hearing March 12.
02/14/2024
Senate
Referred to Com. on PUB S.
02/07/2024
Senate
From printer. May be acted upon on or after March 8.
02/06/2024
Senate
Introduced. Read first time. To Com. on RLS. for assignment. To print.
Sources
Record Created
Feb 7, 2024 12:16:38 PM
Record Updated
Oct 10, 2024 12:29:39 PM