California 2013-2014 Regular Session Status: To Executive 1 D cosponsors

AB 994 — Postplea misdemeanor diversion programs.

Last action — Last day to consider Governor's veto pursuant to Joint Rule 58.5.

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

This bill died with 2013-2014 Regular Session. It reached “To Executive” 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This bill is no longer active — its legislative session has ended, so there is no live prognosis. It would have to be reintroduced in the current session to move again.

Summary

Under existing law, prosecution of an offense filed as a misdemeanor may be postponed, either temporarily or permanently, at any point in the judicial process from the point at which the accused is charged until adjudication. Existing law requires the district attorney of each county annually to review any diversion program. Existing law prohibits a program from continuing without the approval of the district attorney and prohibits a person from participating in a diversion program without the authorization of the district attorney. This bill would require each prosecuting attorney to establish a postplea misdemeanor diversion program within his or her jurisdiction and would authorize either the prosecuting attorney or the superior court to offer diversion to a first time misdemeanor defendant, as specified. The program would specify the administrative procedures and who would be eligible for the postplea misdemeanor diversion program. The bill would repeal these provisions as of January 1, 2019. By requiring diversion programs in local jurisdictions, this bill would impose a state-mandated local program. 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, if the Commission on State Mandates determines that the bill contains costs mandated by the state, reimbursement for those costs shall be made pursuant to these statutory provisions.

Bill Text

Action History

  1. Last day to consider Governor's veto pursuant to Joint Rule 58.5.

  2. Consideration of Governor's veto pending.

  3. Vetoed by Governor.

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

  5. Senate amendments concurred in. To Engrossing and Enrolling. (Ayes 46. Noes 30. Page 3237.).

  6. Assembly Rule 77 suspended. (Page 3227.)

  7. In Assembly. Concurrence in Senate amendments pending. May be considered on or after September 13 pursuant to Assembly Rule 77.

  8. Read third time. Passed. Ordered to the Assembly. (Ayes 25. Noes 11. Page 2332.).

  9. Read second time. Ordered to third reading.

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

  11. Read second time and amended. Ordered to third reading.

  12. From committee: Do pass as amended. (Ayes 5. Noes 2.) (August 30).

  13. In committee: Placed on APPR. suspense file.

  14. From committee: Do pass and re-refer to Com. on APPR. (Ayes 5. Noes 2.) (July 2). Re-referred to Com. on APPR.

  15. 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.

  16. In committee: Set, first hearing. Hearing canceled at the request of author.

  17. Referred to Com. on PUB. S.

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

  19. Read third time. Passed. Ordered to the Senate. (Ayes 47. Noes 29. Page 1814.)

  20. Read second time. Ordered to third reading.

  21. Read second time and amended. Ordered to second reading.

  22. From committee: Do pass as amended. (Ayes 12. Noes 5.) (May 24).

  23. In committee: Set, first hearing. Referred to APPR. suspense file.

  24. Re-referred to Com. on APPR.

  25. Read second time and amended.

  26. From committee: Do pass as amended and re-refer to Com. on APPR. (Ayes 4. Noes 2.) (April 23).

  27. Re-referred to Com. on PUB. S.

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

  29. Referred to Com. on PUB. S.

  30. Read first time.

  31. From printer. May be heard in committee March 26.

  32. Introduced. To print.

Sponsors

Sponsorship breakdown

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1 sponsors · 0 co-sponsors · 121 not signed on · 9 voted No

Sponsors (1)

Co-sponsors (0)

None.

Not signed on (121)

121 members have not signed on to this bill.

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"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 994 LOWENTHAL Concurrence in Senate Amendments

Passed 46 Yea · 30 Nay · 2 Other
Party YeaNayPresentNot Voting
Unaffiliated 432602
Democratic 3100
Republican 0300
Total 463002
% of votes cast 59%38%0%3%
How each member voted (78)
Member Party Vote
Achadjian — Nay
Ammiano — Not Voting
Bigelow — Nay
Bloom — Yea
Bradford — Yea
Brown — Yea
Buchanan — Yea
Harkey — Nay
Holden — Yea
Linder — Nay
Maienschein — Nay
Mansoor — Nay
Morrell — Nay
Mullin — Yea
Waldron — Nay
Williams — Yea
Salas — Nay
Chávez — Nay
Melendez — Nay
Conway — Nay
Cooley — Nay
Nestande — Nay
Donnelly — Nay
Olsen — Nay
Perea — Not Voting
Wagner — Nay
Wilk — Nay
Campos — Yea
Chau — Yea
Chesbro — Yea
Gatto — Yea
Lowenthal — Yea
Garcia — Yea
Atkins — Yea
Gomez — Yea
Fong — Yea
Mitchell — Yea
Daly — Yea
Bonilla — Yea
Gorell — Nay
Hagman — Nay
Hall — Yea
Bocanegra — Yea
Jones-Sawyer — Yea
John A. Pérez — Yea
Levine — Yea
Logue — Nay
Allen — Nay
Gray — Nay
Alejo — Yea
Dickinson — Yea
Eggman — Yea
Medina — Yea
Nazarian — Yea
Pan — Yea
Quirk — Yea
Rendon — Yea
Skinner — Yea
Ting — Yea
Weber — Yea
Wieckowski — Yea
Fox — Nay
Frazier — Yea
Yamada — Yea
Gordon — Yea
Beth Gaines — Nay
Jim Patterson — Nay
Lorena Gonzalez — Yea
Mark Stone — Yea
Roger Hernández — Yea
V. Manuel Pérez — Yea
Bonta, Mia Democratic Yea
Calderon, Lisa Democratic Yea
Muratsuchi, Al Democratic Nay
Quirk-Silva, Sharon Democratic Yea
Dahle, Megan Republican Nay
Grove, Shannon Republican Nay
Jones, Brian W. Republican Nay

Official roll call →

3rd Reading AB994 Lowenthal By Hancock

Passed 25 Yea · 11 Nay · 3 Other
Party YeaNayPresentNot Voting
Unaffiliated 221103
Democratic 3000
Total 251103
% of votes cast 64%28%0%8%
How each member voted (39)
Member Party Vote
Anderson — Yea
Block — Yea
Hill — Yea
Lieu — Yea
Steinberg — Yea
Wright — Yea
Emmerson — Nay
Wyland — Nay
Cannella — Nay
Evans — Yea
De León — Yea
Galgiani — Not Voting
Hancock — Yea
Hernandez — Yea
Hueso — Yea
Huff — Nay
Beall — Yea
Corbett — Yea
Correa — Yea
Knight — Nay
Lara — Yea
Leno — Yea
Liu — Yea
Monning — Yea
Nielsen — Nay
Pavley — Not Voting
Roth — Yea
Torres — Yea
Vidak — Nay
Walters — Nay
Wolk — Not Voting
DeSaulnier — Yea
Fuller — Nay
Yee — Yea
Beth Gaines — Nay
Bill Berryhill — Nay
Calderon, Lisa Democratic Yea
Jackson, Corey A. Democratic Yea
Padilla, Stephen C. Democratic Yea

Official roll call →

Do pass as amended.

Passed 5 Yea · 2 Nay
Party YeaNayPresentNot Voting
Unaffiliated 4200
Democratic 1000
Total 5200
% of votes cast 71%29%0%0%
How each member voted (7)
Member Party Vote
Hill — Yea
Lara — Yea
De León — Yea
Steinberg — Yea
Walters — Nay
Beth Gaines — Nay
Padilla, Stephen C. Democratic Yea

Official roll call →

AB 994 LOWENTHAL Assembly Third Reading

Passed 47 Yea · 29 Nay · 3 Other
Party YeaNayPresentNot Voting
Unaffiliated 422303
Democratic 5200
Republican 0400
Total 472903
% of votes cast 59%37%0%4%
How each member voted (79)
Member Party Vote
Achadjian — Nay
Alejo — Yea
Bigelow — Nay
Bloom — Yea
Blumenfield — Yea
Bradford — Yea
Brown — Yea
Buchanan — Yea
Harkey — Nay
Jones-Sawyer — Yea
Linder — Nay
Logue — Nay
Maienschein — Nay
Mansoor — Nay
Pan — Yea
Quirk — Yea
Ting — Yea
Weber — Yea
Williams — Not Voting
Stone — Yea
Lowenthal — Yea
Atkins — Yea
Nazarian — Yea
Skinner — Yea
Fox — Yea
Mitchell — Yea
Campos — Yea
Chau — Yea
Gatto — Yea
Gomez — Yea
Gordon — Yea
Gorell — Nay
Hagman — Nay
Bocanegra — Yea
Hall — Yea
John A. Pérez — Yea
Salas — Yea
Holden — Not Voting
Bonilla — Nay
Levine — Yea
Medina — Yea
Melendez — Nay
Chesbro — Yea
Gray — Not Voting
Chávez — Nay
Morrell — Nay
Ammiano — Yea
Conway — Nay
Cooley — Nay
Dickinson — Yea
Donnelly — Nay
Eggman — Yea
Mullin — Yea
Nestande — Nay
Olsen — Nay
Perea — Nay
Rendon — Yea
Wagner — Nay
Waldron — Nay
Wieckowski — Yea
Wilk — Nay
Daly — Yea
Frazier — Yea
Yamada — Yea
Gonzalez — Yea
Beth Gaines — Nay
Roger Hernández — Yea
V. Manuel Pérez — Yea
Allen, Benjamin Democratic Nay
Bonta, Mia Democratic Yea
Calderon, Lisa Democratic Yea
Fong, Mike Democratic Yea
Garcia, Robert Democratic Yea
Muratsuchi, Al Democratic Nay
Quirk-Silva, Sharon Democratic Yea
Dahle, Megan Republican Nay
Grove, Shannon Republican Nay
Jones, Brian W. Republican Nay
Patterson, Joe Republican Nay

Official roll call →

Do pass as amended.

Passed 12 Yea · 5 Nay
Party YeaNayPresentNot Voting
Unaffiliated 11500
Democratic 1000
Total 12500
% of votes cast 71%29%0%0%
How each member voted (17)
Member Party Vote
Ammiano — Yea
Bradford — Yea
Weber — Yea
Quirk — Yea
Bocanegra — Yea
Bigelow — Nay
Campos — Yea
Donnelly — Nay
Gomez — Yea
Harkey — Nay
Linder — Nay
Pan — Yea
Wagner — Nay
Eggman — Yea
Gatto — Yea
Hall — Yea
Calderon, Lisa Democratic Yea

Official roll call →

Subjects

public-safety civil-rights
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Frequently asked questions

What does AB 994 do?
Under existing law, prosecution of an offense filed as a misdemeanor may be postponed, either temporarily or permanently, at any point in the judicial process from the point at which the accused is charged until adjudication. Existing law requires the district attorney of each county annually to review any diversion program. Existing law prohibits a program from continuing without the approval of the district attorney and prohibits a person from participating in a diversion program without the authorization of the district attorney. This bill would require each prosecuting attorney to establish a postplea misdemeanor diversion program within his or her jurisdiction and would authorize either the prosecuting attorney or the superior court to offer diversion to a first time misdemeanor defendant, as specified. The program would specify the administrative procedures and who would be eligible for the postplea misdemeanor diversion program. The bill would repeal these provisions as of January 1, 2019. By requiring diversion programs in local jurisdictions, this bill would impose a state-mandated local program. 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, if the Commission on State Mandates determines that the bill contains costs mandated by the state, reimbursement for those costs shall be made pursuant to these statutory provisions.
Who sponsors AB 994?
AB 994 is sponsored by Lowenthal, Josh (Democratic).
What is the current status of AB 994?
This bill died with 2013-2014 Regular Session. It reached “To Executive” 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 994?
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