California 2023-2024 Regular Session Status: Passed Assembly Bipartisan · 2 D · 2 R cosponsors

AB 2833 — Evidence: restorative justice communications.

Last action — Ordered to inactive file at the request of Senator Smallwood-Cuevas.

  1. ✓
    Introduced
  2. ✓
    In Committee
  3. 3
    Passed Assembly
  4. 4
    Passed Senate
  5. 5
    To Executive
  6. 6
    Enacted

This bill died with 2023-2024 Regular Session. It reached “Passed Assembly” and never advanced before the session ended, so it can no longer move — a new version would have to be reintroduced in the current session.

This bill is no longer active — its legislative session has ended, so there are no live odds of enactment. It would have to be reintroduced in the current session to move again.

Summary

Existing law provides for the inadmissibility of certain evidence as a matter of public policy. This bill would provide that participation in and communications made during a restorative justice process are inadmissible and not subject to discovery in civil, criminal, juvenile, administrative, or other proceedings, except as specified. The California Constitution provides for the Right to Truth-in-Evidence, which requires a 23 vote of the Legislature to exclude any relevant evidence from any criminal proceeding, as specified. This bill would prohibit communications made during a restorative justice process from being used in a criminal proceeding, thereby requiring a 23 vote.

Bill Text

Action History

  1. Ordered to inactive file at the request of Senator Smallwood-Cuevas.

  2. Read second time. Ordered to third reading.

  3. From committee: Do pass. (Ayes 9. Noes 0.) (June 18).

  4. Read second time and amended. Re-referred to Com. on JUD.

  5. From committee: Amend, and do pass as amended and re-refer to Com. on JUD. (Ayes 4. Noes 0.) (June 11).

  6. Referred to Coms. on PUB S. and JUD.

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

  8. Read third time. Passed. Ordered to the Senate. (Ayes 65. Noes 0. Page 5163.)

  9. Read second time. Ordered to Consent Calendar.

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

  11. From committee: Amend, and do pass as amended. To Consent Calendar. (Ayes 12. Noes 0.) (April 30).

  12. Re-referred to Com. on JUD.

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

  14. Re-referred to Com. on JUD.

  15. Read second time and amended.

  16. From committee: Amend, and do pass as amended and re-refer to Com. on JUD. with recommendation: To Consent Calendar. (Ayes 8. Noes 0.) (April 2).

  17. Referred to Coms. on PUB. S. and JUD.

  18. From printer. May be heard in committee March 17.

  19. Read first time. To print.

Sponsors

Sponsorship breakdown

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1 sponsors · 3 co-sponsors · 118 not signed on

Sponsors (1)

Co-sponsors (3)

Not signed on (118)

118 members have not signed on to this bill.

Show all 118 →

"Not signed on" means a member has not sponsored or co-sponsored this bill — it does not imply opposition. Members flagged Voted No have a recorded No vote on this bill.

Whip count is in markup. Polling the chamber and every recorded vote this session. Only the first open is slow. It’s instant for you after this. Calling the roll · Tallying · Engrossing

Votes

Do pass

Passed 9 Yea · 0 Nay · 2 Other
Party YeaNayPresentNot Voting
Democratic 7001
Unaffiliated 2000
Republican 0001
Total 9002
% of votes cast 82%0%0%18%
How each member voted (11)
Member Party Vote
Wilk — Yea
Roth — Yea
Allen, Benjamin Democratic Yea
Ashby, Angelique V. Democratic Yea
Caballero, Anna M. Democratic Yea
Durazo, Maria Elena Democratic Yea
Laird, John Democratic Not Voting
Stern, Henry I. Democratic Yea
Umberg, Thomas J. Democratic Yea
Wahab, Aisha Democratic Yea
Niello, Roger W. Republican Not Voting

Official roll call →

AB 2833 McKinnor Consent Calendar Second Day

Passed 65 Yea · 0 Nay · 15 Other
Party YeaNayPresentNot Voting
Democratic 39008
Republican 10003
Unaffiliated 16004
Total 650015
% of votes cast 81%0%0%19%
How each member voted (80)
Member Party Vote
Holden — Yea
Maienschein — Yea
Rodriguez — Yea
Villapudua — Yea
Jones-Sawyer — Yea
McCarty — Yea
Rendon — Yea
Friedman — Yea
Wood — Yea
Essayli — Yea
Waldron — Yea
Santiago — Yea
Ting — Not Voting
Low — Not Voting
Mathis — Not Voting
Eduardo Garcia — Yea
Jim Patterson — Yea
Luz Rivas — Not Voting
Vince Fong — Yea
Wendy Carrillo — Yea
Addis, Dawn Democratic Yea
Aguiar-Curry, Cecilia M. Democratic Yea
Alvarez, David Democratic Yea
Arambula, Joaquin Democratic Yea
Bains, Jasmeet Democratic Not Voting
Bauer-Kahan, Rebecca Democratic Yea
Bennett, Steve Democratic Yea
Berman, Marc Democratic Yea
Boerner, Tasha Democratic Yea
Bonta, Mia Democratic Yea
Bryan, Isaac G. Democratic Yea
Calderon, Lisa Democratic Yea
Carrillo, Juan Democratic Yea
Cervantes, Sabrina Democratic Not Voting
Connolly, Damon Democratic Yea
Fong, Mike Democratic Yea
Gabriel, Jesse Democratic Not Voting
Gipson, Mike A. Democratic Yea
Grayson, Timothy S. Democratic Not Voting
Haney, Matt Democratic Not Voting
Hart, Gregg Democratic Yea
Irwin, Jacqui Democratic Yea
Jackson, Corey A. Democratic Yea
Kalra, Ash Democratic Yea
Lee, Alex Democratic Yea
Lowenthal, Josh Democratic Yea
McKinnor, Tina Democratic Yea
Muratsuchi, Al Democratic Yea
Nguyen, Stephanie Democratic Not Voting
Ortega, Liz Democratic Yea
Pacheco, Blanca Democratic Yea
Papan, Diane Democratic Yea
Pellerin, Gail Democratic Yea
Petrie-Norris, Cottie Democratic Not Voting
Quirk-Silva, Sharon Democratic Yea
Ramos, James C. Democratic Yea
Reyes, Eloise Gómez Democratic Yea
Rivas, Robert Democratic Yea
Rubio, Blanca E. Democratic Yea
Schiavo, Pilar Democratic Not Voting
Soria, Esmeralda Democratic Yea
Valencia, Avelino Democratic Yea
Ward, Christopher M. Democratic Yea
Weber Pierson, M.D., Akilah Democratic Yea
Wicks, Buffy Democratic Yea
Wilson, Lori D. Democratic Yea
Zbur, Rick Chavez Democratic Yea
Alanis, Juan Republican Yea
Chen, Phillip Republican Yea
Dahle, Megan Republican Not Voting
Davies, Laurie Republican Yea
Dixon, Diane Republican Yea
Flora, Heath Republican Not Voting
Gallagher, James Republican Yea
Hoover, Josh Republican Yea
Lackey, Tom Republican Yea
Patterson, Joe Republican Yea
Sanchez, Kate Republican Yea
Ta, Tri Republican Yea
Wallis, Greg Republican Not Voting

Official roll call →

Do pass as amended. To Consent Calendar.

Passed 12 Yea · 0 Nay
Party YeaNayPresentNot Voting
Democratic 8000
Unaffiliated 2000
Republican 2000
Total 12000
% of votes cast 100%0%0%0%
How each member voted (12)
Member Party Vote
Maienschein — Yea
Essayli — Yea
Bauer-Kahan, Rebecca Democratic Yea
Bryan, Isaac G. Democratic Yea
Connolly, Damon Democratic Yea
Haney, Matt Democratic Yea
Kalra, Ash Democratic Yea
McKinnor, Tina Democratic Yea
Pacheco, Blanca Democratic Yea
Reyes, Eloise Gómez Democratic Yea
Dixon, Diane Republican Yea
Sanchez, Kate Republican Yea

Official roll call →

Do pass as amended, and be re-referred to the Committee on [Judiciary] with recommendation: To Consent Calendar

Passed 8 Yea · 0 Nay
Party YeaNayPresentNot Voting
Unaffiliated 2000
Democratic 4000
Republican 2000
Total 8000
% of votes cast 100%0%0%0%
How each member voted (8)
Member Party Vote
Ting — Yea
McCarty — Yea
Nguyen, Stephanie Democratic Yea
Reyes, Eloise Gómez Democratic Yea
Wilson, Lori D. Democratic Yea
Zbur, Rick Chavez Democratic Yea
Alanis, Juan Republican Yea
Lackey, Tom Republican Yea

Official roll call →

Subjects

civil-rights
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Frequently asked questions

What does AB 2833 do?
Existing law provides for the inadmissibility of certain evidence as a matter of public policy. This bill would provide that participation in and communications made during a restorative justice process are inadmissible and not subject to discovery in civil, criminal, juvenile, administrative, or other proceedings, except as specified. The California Constitution provides for the Right to Truth-in-Evidence, which requires a 23 vote of the Legislature to exclude any relevant evidence from any criminal proceeding, as specified. This bill would prohibit communications made during a restorative justice process from being used in a criminal proceeding, thereby requiring a 23 vote.
Who sponsors AB 2833?
AB 2833 is sponsored by Alanis, Juan (Republican), McKinnor, Tina (Democratic), Bryan, Isaac G. (Democratic), and Lackey, Tom (Republican).
What is the current status of AB 2833?
This bill died with 2023-2024 Regular Session. It reached “Passed Assembly” and never advanced before the session ended, so it can no longer move — a new version would have to be reintroduced in the current session.
Where can I track AB 2833?
Track AB 2833 free on One Click Politics — get push/email alerts when it moves.

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