AB 321 is sponsored by Schultz, Nick (Democratic).

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California 20252026 Regular Session Status: To Executive 1 D cosponsors

AB 321 — Misdemeanors.

Last action October 11, 2025 — Chaptered by Secretary of State - Chapter 611, Statutes of 2025.

✓
Introduced
✓
In Committee
✓
Passed Assembly
✓
Passed Senate
5
To Executive
6
Enacted

This bill has been sent to the executive. Introduced January 24, 2025. It awaits signature.

Next likely step: the executive signs it into law or issues a veto.

Prognosis

Likely to advance 64% · moderate confidence

Where this bill stands today.

Odds of enactment

Moderate

How often bills like it became law.

To Executive

Current position in the legislative process.
1 sponsor

1 primary, 0 co-sponsors signed on.
Single-party support

Sponsorship is currently within one party (1 D).
Cleared a recorded vote

Passed 5 recorded votes so far.

Prognosis reads this bill's own signals — stage, sponsorship breadth, committee status, recorded votes and cross-state momentum. Odds come from a model trained on which bills have become law.

Summary

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.

Bill Text

Chaptered 10/11/25 - Chaptered Current pdf October 11, 2025
Enrolled 09/10/25 - Enrolled pdf September 10, 2025
Amended 08/19/25 - Amended Senate pdf August 19, 2025
Amended 05/29/25 - Amended Senate pdf May 29, 2025
Introduced 01/24/25 - Introduced pdf January 24, 2025
AB321 View text html

Action History

October 11, 2025
Chaptered by Secretary of State - Chapter 611, Statutes of 2025.
October 11, 2025
Approved by the Governor.
September 15, 2025
Enrolled and presented to the Governor at 4:30 p.m.
September 08, 2025
Senate amendments concurred in. To Engrossing and Enrolling. (Ayes 55. Noes 12. Page 3023.).
September 04, 2025
In Assembly. Concurrence in Senate amendments pending.
September 04, 2025
Read third time. Passed. Ordered to the Assembly. (Ayes 23. Noes 13. Page 2508.).
August 20, 2025
Read second time. Ordered to third reading.
August 19, 2025
Read third time and amended. Ordered to second reading.
June 11, 2025
Read second time. Ordered to third reading.
June 10, 2025
From committee: Do pass. (Ayes 5. Noes 1.) (June 10).
May 29, 2025
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.
May 07, 2025
Referred to Com. on PUB. S.
March 13, 2025
In Senate. Read first time. To Com. on RLS. for assignment.
March 13, 2025
Read third time. Passed. Ordered to the Senate. (Ayes 52. Noes 6. Page 617.)
March 10, 2025
From Consent Calendar.
March 10, 2025
Ordered to third reading.
March 05, 2025
Read second time. Ordered to Consent Calendar.
March 04, 2025
From committee: Do pass. To Consent Calendar. (Ayes 9. Noes 0.) (March 4).
February 10, 2025
Referred to Com. on PUB. S.
January 27, 2025
Read first time.
January 25, 2025
From printer. May be heard in committee February 24.
January 24, 2025
Introduced. To print.

Sponsorship breakdown

Export CSV (upgrade) →

1 sponsors · 0 co-sponsors · 121 not signed on · 25 voted No

Sponsors (1)

Schultz, Nick Democratic

Co-sponsors (0)

None.

Not signed on (121)

121 members have not signed on to this bill.

Show all 121 →

"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

AB 321 Schultz Concurrence in Senate Amendments

September 08, 2025

Passed 55 Yea · 12 Nay · 13 Other

Party	Yea	Nay	Present	Not Voting
Democratic	52	1	0	6
Unaffiliated	1	0	0	0
Republican	2	11	0	7
Total	55	12	0	13
% of votes cast	69%	15%	0%	16%

How each member voted (80)

Member	Party	Vote
Ávila Farías	—	Yea
Addis, Dawn	Democratic	Yea
Aguiar-Curry, Cecilia M.	Democratic	Yea
Ahrens, Patrick	Democratic	Yea
Alvarez, David	Democratic	Yea
Arambula, Joaquin	Democratic	Yea
Bains, Jasmeet	Democratic	Nay
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
Caloza, Jessica	Democratic	Yea
Carrillo, Juan	Democratic	Yea
Connolly, Damon	Democratic	Yea
Elhawary, Sade	Democratic	Yea
Fong, Mike	Democratic	Yea
Gabriel, Jesse	Democratic	Yea
Garcia, Robert	Democratic	Yea
Gipson, Mike A.	Democratic	Yea
González, Mark	Democratic	Yea
Haney, Matt	Democratic	Yea
Harabedian, John	Democratic	Yea
Hart, Gregg	Democratic	Yea
Irwin, Jacqui	Democratic	Not Voting
Jackson, Corey A.	Democratic	Yea
Kalra, Ash	Democratic	Yea
Krell, Maggy	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	Not Voting
Papan, Diane	Democratic	Yea
Patel, Darshana R.	Democratic	Yea
Pellerin, Gail	Democratic	Yea
Petrie-Norris, Cottie	Democratic	Yea
Quirk-Silva, Sharon	Democratic	Yea
Ramos, James C.	Democratic	Yea
Ransom, Rhodesia	Democratic	Yea
Rivas, Robert	Democratic	Yea
Rodriguez, Celeste	Democratic	Yea
Rodriguez, Michelle	Democratic	Not Voting
Rogers, Chris	Democratic	Yea
Rubio, Blanca E.	Democratic	Not Voting
Schiavo, Pilar	Democratic	Yea
Schultz, Nick	Democratic	Yea
Sharp-Collins, LaShae	Democratic	Yea
Solache, Jr., José Luis	Democratic	Yea
Soria, Esmeralda	Democratic	Not Voting
Stefani, Catherine	Democratic	Yea
Valencia, Avelino	Democratic	Yea
Ward, Christopher M.	Democratic	Yea
Wicks, Buffy	Democratic	Yea
Wilson, Lori D.	Democratic	Yea
Zbur, Rick Chavez	Democratic	Yea
Alanis, Juan	Republican	Yea
Castillo, Leticia	Republican	Nay
Chen, Phillip	Republican	Not Voting
Davies, Laurie	Republican	Not Voting
DeMaio, Carl	Republican	Nay
Dixon, Diane	Republican	Nay
Ellis, Stan	Republican	Nay
Flora, Heath	Republican	Yea
Gallagher, James	Republican	Nay
Gonzalez, Jeff	Republican	Not Voting
Hadwick, Heather	Republican	Not Voting
Hoover, Josh	Republican	Not Voting
Johnson, Natasha	Republican	Nay
Lackey, Tom	Republican	Not Voting
Macedo, Alexandra	Republican	Nay
Patterson, Joe	Republican	Nay
Sanchez, Kate	Republican	Nay
Ta, Tri	Republican	Not Voting
Tangipa, David J.	Republican	Nay
Wallis, Greg	Republican	Nay

Official roll call →

3rd Reading AB321 Schultz et al. By Wiener

September 04, 2025

Passed 23 Yea · 13 Nay · 4 Other

Party	Yea	Nay	Present	Not Voting
Democratic	23	3	0	4
Republican	0	10	0	0
Total	23	13	0	4
% of votes cast	58%	33%	0%	10%

How each member voted (40)

Member	Party	Vote
Allen, Benjamin	Democratic	Yea
Archuleta, Bob	Democratic	Yea
Arreguín, Jesse	Democratic	Yea
Ashby, Angelique V.	Democratic	Yea
Becker, Josh	Democratic	Yea
Blakespear, Catherine S.	Democratic	Yea
Cabaldon, Christopher	Democratic	Yea
Caballero, Anna M.	Democratic	Yea
Cervantes, Sabrina	Democratic	Nay
Cortese, Dave	Democratic	Yea
Durazo, Maria Elena	Democratic	Yea
Gonzalez, Lena A.	Democratic	Not Voting
Grayson, Timothy S.	Democratic	Yea
Hurtado, Melissa	Democratic	Nay
Laird, John	Democratic	Yea
Limón, Monique	Democratic	Yea
McGuire, Mike	Democratic	Yea
McNerney, Jerry	Democratic	Not Voting
Menjivar, Caroline	Democratic	Not Voting
Padilla, Stephen C.	Democratic	Yea
Pérez, Sasha Renée	Democratic	Yea
Reyes, Eloise Gómez	Democratic	Not Voting
Richardson, Laura	Democratic	Yea
Rubio, Susan	Democratic	Yea
Smallwood-Cuevas, Lola	Democratic	Yea
Stern, Henry I.	Democratic	Yea
Umberg, Thomas J.	Democratic	Nay
Wahab, Aisha	Democratic	Yea
Weber Pierson, M.D., Akilah	Democratic	Yea
Wiener, Scott D.	Democratic	Yea
Alvarado-Gil, Marie	Republican	Nay
Choi, Steven S.	Republican	Nay
Dahle, Megan	Republican	Nay
Grove, Shannon	Republican	Nay
Jones, Brian W.	Republican	Nay
Niello, Roger W.	Republican	Nay
Ochoa Bogh, Rosilicie	Republican	Nay
Seyarto, Kelly	Republican	Nay
Strickland, Tony	Republican	Nay
Valladares, Suzette Martinez	Republican	Nay

Official roll call →

Do pass

June 10, 2025

Passed 5 Yea · 1 Nay

Party	Yea	Nay	Present	Not Voting
Democratic	5	0	0	0
Republican	0	1	0	0
Total	5	1	0	0
% of votes cast	83%	17%	0%	0%

How each member voted (6)

Member	Party	Vote
Arreguín, Jesse	Democratic	Yea
Caballero, Anna M.	Democratic	Yea
Cortese, Dave	Democratic	Yea
Pérez, Sasha Renée	Democratic	Yea
Wiener, Scott D.	Democratic	Yea
Seyarto, Kelly	Republican	Nay

Official roll call →

AB 321 Schultz Assembly Third Reading

March 13, 2025

Passed 52 Yea · 6 Nay · 22 Other

Party	Yea	Nay	Present	Not Voting
Democratic	48	0	0	11
Republican	3	6	0	10
Unaffiliated	1	0	0	1
Total	52	6	0	22
% of votes cast	65%	8%	0%	28%

How each member voted (80)

Member	Party	Vote
Ávila Farías	—	Yea
Essayli	—	Not Voting
Addis, Dawn	Democratic	Yea
Aguiar-Curry, Cecilia M.	Democratic	Yea
Ahrens, Patrick	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
Caloza, Jessica	Democratic	Yea
Carrillo, Juan	Democratic	Yea
Connolly, Damon	Democratic	Yea
Elhawary, Sade	Democratic	Yea
Fong, Mike	Democratic	Yea
Gabriel, Jesse	Democratic	Yea
Garcia, Robert	Democratic	Not Voting
Gipson, Mike A.	Democratic	Yea
González, Mark	Democratic	Yea
Haney, Matt	Democratic	Yea
Harabedian, John	Democratic	Yea
Hart, Gregg	Democratic	Not Voting
Irwin, Jacqui	Democratic	Not Voting
Jackson, Corey A.	Democratic	Yea
Kalra, Ash	Democratic	Yea
Krell, Maggy	Democratic	Yea
Lee, Alex	Democratic	Not Voting
Lowenthal, Josh	Democratic	Yea
McKinnor, Tina	Democratic	Yea
Muratsuchi, Al	Democratic	Yea
Nguyen, Stephanie	Democratic	Yea
Ortega, Liz	Democratic	Not Voting
Pacheco, Blanca	Democratic	Yea
Papan, Diane	Democratic	Yea
Patel, Darshana R.	Democratic	Yea
Pellerin, Gail	Democratic	Yea
Petrie-Norris, Cottie	Democratic	Not Voting
Quirk-Silva, Sharon	Democratic	Yea
Ramos, James C.	Democratic	Not Voting
Ransom, Rhodesia	Democratic	Yea
Rivas, Robert	Democratic	Yea
Rodriguez, Celeste	Democratic	Yea
Rodriguez, Michelle	Democratic	Yea
Rogers, Chris	Democratic	Yea
Rubio, Blanca E.	Democratic	Yea
Schiavo, Pilar	Democratic	Yea
Schultz, Nick	Democratic	Yea
Sharp-Collins, LaShae	Democratic	Yea
Solache, Jr., José Luis	Democratic	Yea
Soria, Esmeralda	Democratic	Not Voting
Stefani, Catherine	Democratic	Yea
Valencia, Avelino	Democratic	Not Voting
Ward, Christopher M.	Democratic	Not Voting
Wicks, Buffy	Democratic	Yea
Wilson, Lori D.	Democratic	Yea
Zbur, Rick Chavez	Democratic	Yea
Alanis, Juan	Republican	Yea
Castillo, Leticia	Republican	Nay
Chen, Phillip	Republican	Not Voting
Davies, Laurie	Republican	Yea
DeMaio, Carl	Republican	Nay
Dixon, Diane	Republican	Not Voting
Ellis, Stan	Republican	Not Voting
Flora, Heath	Republican	Yea
Gallagher, James	Republican	Not Voting
Gonzalez, Jeff	Republican	Not Voting
Hadwick, Heather	Republican	Not Voting
Hoover, Josh	Republican	Not Voting
Lackey, Tom	Republican	Not Voting
Macedo, Alexandra	Republican	Nay
Patterson, Joe	Republican	Not Voting
Sanchez, Kate	Republican	Nay
Ta, Tri	Republican	Not Voting
Tangipa, David J.	Republican	Nay
Wallis, Greg	Republican	Nay

Official roll call →

Do pass. To Consent Calendar.

March 04, 2025

Passed 9 Yea · 0 Nay

Party	Yea	Nay	Present	Not Voting
Republican	2	0	0	0
Democratic	7	0	0	0
Total	9	0	0	0
% of votes cast	100%	0%	0%	0%

How each member voted (9)

Member	Party	Vote
González, Mark	Democratic	Yea
Haney, Matt	Democratic	Yea
Harabedian, John	Democratic	Yea
Nguyen, Stephanie	Democratic	Yea
Ramos, James C.	Democratic	Yea
Schultz, Nick	Democratic	Yea
Sharp-Collins, LaShae	Democratic	Yea
Alanis, Juan	Republican	Yea
Lackey, Tom	Republican	Yea

Official roll call →

Subjects

public-safety

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Frequently asked questions

What does AB 321 do?: 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.
Who sponsors AB 321?: AB 321 is sponsored by Schultz, Nick (Democratic).
What is the current status of AB 321?: This bill has been sent to the executive. Introduced January 24, 2025. It awaits signature.
Where can I track AB 321?: Track AB 321 free on One Click Politics — get push/email alerts when it moves.

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At a glance

Identifier: AB 321
Jurisdiction: California
Session: 20252026 Regular Session
Type: Bill
Introduced: January 24, 2025
Status: To Executive
Prime sponsor: Schultz, Nick

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