California 2017-2018 Regular Session Status: In Committee 4 D cosponsors

AB 1946 — Public safety: mentally disordered individuals: diversion.

Last action — Re-referred to Com. on AGING & L.T.C.

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

This bill died with 2017-2018 Regular Session. It reached “In Committee” 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This bill is no longer active — its legislative session has ended, so there is no live prognosis.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

Existing law prohibits a person from being tried or adjudged to punishment while that person is mentally incompetent. Existing law establishes a process by which a defendant's mental competency is evaluated and by which the defendant receives treatment with the goal of returning the defendant to competency. Existing law allows a mentally incompetent defendant to be committed to the State Department of State Hospitals or other public or private treatment facility. Existing law establishes a procedure of diversion for defendants with mental disorders through which the court is authorized to grant pretrial diversion, for a period no longer than 2 years, to a defendant suffering from a mental disorder, on an accusatory pleading alleging the commission of a misdemeanor or felony offense, in order to allow the defendant to undergo mental health treatment. This bill would, among other things, revise those provisions to require the county board of supervisors to adopt a plan to create a diversion program in that county before diversion may be requested or granted for individuals charged with felonies and would authorize the board of supervisors to adopt additional criteria for an individual's participation in the diversion program. These requirements would not apply to an individual who was granted diversion prior to the effective date of the bill. The bill would also make defendants who have committed certain crimes, including murder, voluntary manslaughter, and rape, ineligible for the diversion program. The bill would authorize a court to grant a one-year extension of the diversion period and would establish a process and criteria for granting that extension. The bill would prohibit a person granted diversion under the program or other law, as specified, from purchasing or receiving a firearm, or having in his or her possession, custody, or control, a firearm during the period of diversion and for a period of 5 years from the date of dismissal of the charges upon successful completion of the program and would require the defendant to be advised of that prohibition. The bill would authorize a person who is granted diversion to file a petition for an order permitting him or her to own, possess, control, receive, or purchase a firearm. The bill would also require a court to conduct a hearing to determine whether restitution is owed to any victim as a result of the diverted offense and, if owed, to order its payment during the period of diversion.

Bill Text

Action History

  1. Re-referred to Com. on AGING & L.T.C.

  2. From committee chair, with author's amendments: Amend, and re-refer to Com. on AGING & L.T.C. Read second time and amended.

  3. Re-referred to Com. on AGING & L.T.C.

  4. From committee chair, with author's amendments: Amend, and re-refer to Com. on AGING & L.T.C. Read second time and amended.

  5. Referred to Coms. on AGING & L.T.C. and PUB. S.

  6. From printer. May be heard in committee March 1.

  7. Read first time. To print.

Sponsors

Sponsorship breakdown

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1 sponsors · 11 co-sponsors · 110 not signed on

Sponsors (1)

Co-sponsors (11)

Not signed on (110)

110 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

Subjects

public-safety healthcare
Cross-referencing the record. Reading this bill against every other bill in the corpus by meaning, not keywords. Only the first open is slow. It’s instant for you after this. Matching · Ranking · Engrossing

Frequently asked questions

What does AB 1946 do?
Existing law prohibits a person from being tried or adjudged to punishment while that person is mentally incompetent. Existing law establishes a process by which a defendant's mental competency is evaluated and by which the defendant receives treatment with the goal of returning the defendant to competency. Existing law allows a mentally incompetent defendant to be committed to the State Department of State Hospitals or other public or private treatment facility. Existing law establishes a procedure of diversion for defendants with mental disorders through which the court is authorized to grant pretrial diversion, for a period no longer than 2 years, to a defendant suffering from a mental disorder, on an accusatory pleading alleging the commission of a misdemeanor or felony offense, in order to allow the defendant to undergo mental health treatment. This bill would, among other things, revise those provisions to require the county board of supervisors to adopt a plan to create a diversion program in that county before diversion may be requested or granted for individuals charged with felonies and would authorize the board of supervisors to adopt additional criteria for an individual's participation in the diversion program. These requirements would not apply to an individual who was granted diversion prior to the effective date of the bill. The bill would also make defendants who have committed certain crimes, including murder, voluntary manslaughter, and rape, ineligible for the diversion program. The bill would authorize a court to grant a one-year extension of the diversion period and would establish a process and criteria for granting that extension. The bill would prohibit a person granted diversion under the program or other law, as specified, from purchasing or receiving a firearm, or having in his or her possession, custody, or control, a firearm during the period of diversion and for a period of 5 years from the date of dismissal of the charges upon successful completion of the program and would require the defendant to be advised of that prohibition. The bill would authorize a person who is granted diversion to file a petition for an order permitting him or her to own, possess, control, receive, or purchase a firearm. The bill would also require a court to conduct a hearing to determine whether restitution is owed to any victim as a result of the diverted offense and, if owed, to order its payment during the period of diversion.
Who sponsors AB 1946?
AB 1946 is sponsored by Gray, Salas, Cervantes, Sabrina (Democratic), Cooper, Daly, Grayson, Timothy S. (Democratic), Irwin, Jacqui (Democratic), Medina, O'Donnell, Quirk-Silva, Sharon (Democratic), Rodriguez, and Roth.
What is the current status of AB 1946?
This bill died with 2017-2018 Regular Session. It reached “In Committee” 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 1946?
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