California 2019-2020 Regular Session Status: Enacted

AB 3234 — Public Safety.

Last action — Chaptered by Secretary of State - Chapter 334, Statutes of 2020.

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

This bill has been enacted into law. Introduced February 21, 2020. Enacted.

Prognosis

Likely to advance 70% · moderate confidence

Where this bill stands today.

Odds of enactment

High

How often bills like it became law.

  • Enacted

    Current position in the legislative process.

  • 1 sponsor

    1 primary, 0 co-sponsors signed on.

  • Cleared a recorded vote

    Passed 6 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 authorizes a county to establish a pretrial diversion program for defendants who have been charged with a misdemeanor offense and authorizes other diversion programs, including for defendants with cognitive developmental disabilities, defendants in nonviolent drug cases, and traffic violations. This bill would authorize a judge in the superior court in which a misdemeanor is being prosecuted to offer misdemeanor diversion to a defendant over the objection of a prosecuting attorney, except as specified. The bill would authorize the judge to continue a diverted case for a period not to exceed 24 months and order the defendant to comply with the terms, conditions, and programs the judge deems appropriate based on the defendant's specific situation. The bill would require the judge, at the end of the diversion period and if the defendant complies with all required terms, conditions, and programs, to dismiss the action against the defendant, and would deem the arrest upon which diversion was imposed to have never occurred, as specified. The bill would authorize the court to end the diversion and order resumption of the criminal proceedings if the court finds that the defendant is not complying with the terms and conditions of diversion. Existing law establishes the Elderly Parole Program for the purpose of reviewing the parole suitability of inmates who are 60 years of age or older and who have served a minimum of 25 years of continuous incarceration on their sentence. This bill would modify the minimum age limitation for that program to 50 years of age and instead require the inmate to have served a minimum of 20 years of continuous incarceration in order to be eligible for that program.

Bill Text

Action History

  1. Chaptered by Secretary of State - Chapter 334, Statutes of 2020.

  2. Approved by the Governor.

  3. Enrolled and presented to the Governor at 3 p.m.

  4. In Assembly. Ordered to Engrossing and Enrolling.

  5. Read third time. Passed. Ordered to the Assembly. (Ayes 27. Noes 10.).

  6. Read second time. Ordered to third reading.

  7. Ordered to second reading.

  8. (Ayes 29. Noes 10.)

  9. Withdrawn from committee.

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

  11. Read third time. Passed. Ordered to the Senate. (Ayes 43. Noes 26. Page 5183.)

  12. Assembly Rule 63 suspended. (Ayes 55. Noes 12. Page 5181.)

  13. Read third time and amended. Ordered to third reading. (Page 5165.)

  14. Read second time. Ordered to third reading.

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

  16. From committee: Amend, and do pass as amended. (Ayes 5. Noes 3.) (August 5).

  17. Joint Rule 62(a), file notice suspended. (Ayes 48. Noes 25. Page 5069.)

  18. Re-referred to Com. on PUB. S. pursuant to Assembly Rule 77.2.

  19. Read third time and amended. Ordered to third reading. (Ayes 40. Noes 18. Page 5067.)

  20. Assembly Rule 63 suspended. (Ayes 56. Noes 16. Page 5059.)

  21. Ordered to third reading.

  22. From inactive file.

  23. Assembly Rule 78 suspended. (Ayes 56. Noes 16. Page 5059.)

  24. Ordered to inactive file at the request of Assembly Member Gloria.

  25. From Consent Calendar.

  26. Read second time. Ordered to Consent Calendar.

  27. From committee: Do pass. To Consent Calendar. (Ayes 18. Noes 0.) (June 2).

  28. Re-referred to Com. on APPR.

  29. Read second time and amended.

  30. From committee: Amend, and do pass as amended and re-refer to Com. on APPR. (Ayes 8. Noes 0.) (May 12).

  31. Re-referred to Com. on L. GOV.

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

  33. Referred to Com. on L. GOV.

  34. Read first time.

  35. From printer. May be heard in committee March 23.

  36. Introduced. To print.

Sponsors

  • Ting · Primary

Sponsorship breakdown

Export CSV (upgrade) →

1 sponsors · 0 co-sponsors · 121 not signed on · 15 voted No

Sponsors (1)

  • Ting

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

3rd Reading AB3234 Ting By Mitchell

Passed 27 Yea · 10 Nay · 3 Other
Party YeaNayPresentNot Voting
Unaffiliated 18801
Democratic 9001
Republican 0201
Total 271003
% of votes cast 68%25%0%8%
How each member voted (40)
Member Party Vote
Roth — Yea
Portantino — Yea
Rubio — Yea
Atkins — Yea
Wieckowski — Yea
Hertzberg — Yea
Pan — Yea
Mitchell — Yea
Monning — Yea
Glazer — Yea
Beall — Yea
Hueso — Yea
Leyva — Yea
Allen — Yea
Bradford — Yea
Skinner — Yea
Dodd — Yea
Hill — Yea
Wilk — Nay
Chang — Nay
Borgeas — Nay
Melendez — Nay
Bates — Nay
Moorlach — Nay
Morrell — Nay
Nielsen — Nay
Galgiani — Not Voting
Archuleta, Bob Democratic Yea
Caballero, Anna M. Democratic Yea
Durazo, Maria Elena Democratic Yea
Gonzalez, Lena A. Democratic Yea
Hurtado, Melissa Democratic Not Voting
Jackson, Corey A. Democratic Yea
McGuire, Mike Democratic Yea
Stern, Henry I. Democratic Yea
Umberg, Thomas J. Democratic Yea
Wiener, Scott D. Democratic Yea
Dahle, Megan Republican Nay
Grove, Shannon Republican Nay
Jones, Brian W. Republican Not Voting

Official roll call →

AB 3234 TING Assembly Third Reading

Passed 43 Yea · 26 Nay · 10 Other
Party YeaNayPresentNot Voting
Democratic 14503
Unaffiliated 291507
Republican 0600
Total 4326010
% of votes cast 54%33%0%13%
How each member voted (79)
Member Party Vote
Chiu — Yea
Gonzalez — Yea
Quirk — Yea
Jones-Sawyer — Yea
Nazarian — Yea
O'Donnell — Yea
Wood — Yea
Burke — Yea
McCarty — Yea
Levine — Yea
Medina — Yea
Rendon — Yea
Kamlager — Yea
Ting — Yea
Low — Yea
Mullin — Yea
Friedman — Yea
Holden — Yea
Chu — Yea
Weber — Yea
Bloom — Yea
Santiago — Yea
Daly — Yea
Gloria — Yea
Maienschein — Nay
Bigelow — Nay
Voepel — Nay
Brough — Nay
Mathis — Nay
Cooper — Nay
Cunningham — Nay
Mayes — Nay
Diep — Nay
Kiley — Nay
Salas — Nay
Smith — Nay
Cooley — Nay
Fong — Nay
Gray — Not Voting
Frazier — Not Voting
Chau — Not Voting
Rodriguez — Not Voting
Waldron — Not Voting
Obernolte — Not Voting
Eggman — Not Voting
Cristina Garcia — Yea
Eduardo Garcia — Yea
Jim Patterson — Nay
Luz Rivas — Yea
Mark Stone — Yea
Wendy Carrillo — Yea
Aguiar-Curry, Cecilia M. Democratic Yea
Arambula, Joaquin Democratic Yea
Bauer-Kahan, Rebecca Democratic Yea
Berman, Marc Democratic Yea
Boerner, Tasha Democratic Nay
Bonta, Mia Democratic Yea
Calderon, Lisa Democratic Yea
Cervantes, Sabrina Democratic Nay
Gabriel, Jesse Democratic Yea
Gipson, Mike A. Democratic Yea
Grayson, Timothy S. Democratic Yea
Irwin, Jacqui Democratic Not Voting
Kalra, Ash Democratic Yea
Limón, Monique Democratic Yea
Muratsuchi, Al Democratic Nay
Petrie-Norris, Cottie Democratic Nay
Quirk-Silva, Sharon Democratic Not Voting
Ramos, James C. Democratic Nay
Reyes, Eloise Gómez Democratic Yea
Rivas, Robert Democratic Yea
Rubio, Blanca E. Democratic Yea
Wicks, Buffy Democratic Not Voting
Chen, Phillip Republican Nay
Choi, Steven S. Republican Nay
Dahle, Megan Republican Nay
Flora, Heath Republican Nay
Gallagher, James Republican Nay
Lackey, Tom Republican Nay

Official roll call →

AB 3234 GLORIA Remove from Inactive File By TING Amendment Set #1

Passed 40 Yea · 18 Nay · 21 Other
Party YeaNayPresentNot Voting
Unaffiliated 2910012
Democratic 11209
Republican 0600
Total 4018021
% of votes cast 51%23%0%27%
How each member voted (79)
Member Party Vote
Brough — Nay
Quirk — Yea
Bloom — Yea
Ting — Yea
Levine — Yea
Eggman — Yea
Mullin — Yea
Weber — Yea
Friedman — Yea
Rendon — Yea
McCarty — Yea
Jones-Sawyer — Yea
Wood — Yea
O'Donnell — Yea
Holden — Yea
Santiago — Yea
Chiu — Yea
Medina — Yea
Gonzalez — Yea
Gloria — Yea
Nazarian — Yea
Chau — Yea
Rodriguez — Yea
Burke — Yea
Kamlager — Yea
Bigelow — Nay
Obernolte — Nay
Kiley — Nay
Fong — Nay
Diep — Nay
Mayes — Nay
Cunningham — Nay
Mathis — Nay
Salas — Not Voting
Smith — Not Voting
Voepel — Not Voting
Gray — Not Voting
Waldron — Not Voting
Low — Not Voting
Frazier — Not Voting
Daly — Not Voting
Chu — Not Voting
Maienschein — Not Voting
Cooper — Not Voting
Cooley — Not Voting
Cristina Garcia — Yea
Eduardo Garcia — Yea
Jim Patterson — Nay
Luz Rivas — Yea
Mark Stone — Yea
Wendy Carrillo — Yea
Aguiar-Curry, Cecilia M. Democratic Yea
Arambula, Joaquin Democratic Yea
Bauer-Kahan, Rebecca Democratic Not Voting
Berman, Marc Democratic Yea
Boerner, Tasha Democratic Not Voting
Bonta, Mia Democratic Yea
Calderon, Lisa Democratic Yea
Cervantes, Sabrina Democratic Not Voting
Gabriel, Jesse Democratic Not Voting
Gipson, Mike A. Democratic Yea
Grayson, Timothy S. Democratic Not Voting
Irwin, Jacqui Democratic Not Voting
Kalra, Ash Democratic Yea
Limón, Monique Democratic Yea
Muratsuchi, Al Democratic Not Voting
Petrie-Norris, Cottie Democratic Nay
Quirk-Silva, Sharon Democratic Nay
Ramos, James C. Democratic Not Voting
Reyes, Eloise Gómez Democratic Yea
Rivas, Robert Democratic Yea
Rubio, Blanca E. Democratic Yea
Wicks, Buffy Democratic Not Voting
Chen, Phillip Republican Nay
Choi, Steven S. Republican Nay
Dahle, Megan Republican Nay
Flora, Heath Republican Nay
Gallagher, James Republican Nay
Lackey, Tom Republican Nay

Official roll call →

Do pass. To Consent Calendar.

Passed 18 Yea · 0 Nay
Party YeaNayPresentNot Voting
Democratic 6000
Unaffiliated 11000
Republican 1000
Total 18000
% of votes cast 100%0%0%0%
How each member voted (18)
Member Party Vote
Fong — Yea
McCarty — Yea
Voepel — Yea
Chau — Yea
Bloom — Yea
Eggman — Yea
Gonzalez — Yea
Diep — Yea
Bigelow — Yea
Eduardo Garcia — Yea
Wendy Carrillo — Yea
Bauer-Kahan, Rebecca Democratic Yea
Bonta, Mia Democratic Yea
Calderon, Lisa Democratic Yea
Gabriel, Jesse Democratic Yea
Petrie-Norris, Cottie Democratic Yea
Rivas, Robert Democratic Yea
Dahle, Megan Republican Yea

Official roll call →

Subjects

public-safety
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 3234 do?
Existing law authorizes a county to establish a pretrial diversion program for defendants who have been charged with a misdemeanor offense and authorizes other diversion programs, including for defendants with cognitive developmental disabilities, defendants in nonviolent drug cases, and traffic violations. This bill would authorize a judge in the superior court in which a misdemeanor is being prosecuted to offer misdemeanor diversion to a defendant over the objection of a prosecuting attorney, except as specified. The bill would authorize the judge to continue a diverted case for a period not to exceed 24 months and order the defendant to comply with the terms, conditions, and programs the judge deems appropriate based on the defendant's specific situation. The bill would require the judge, at the end of the diversion period and if the defendant complies with all required terms, conditions, and programs, to dismiss the action against the defendant, and would deem the arrest upon which diversion was imposed to have never occurred, as specified. The bill would authorize the court to end the diversion and order resumption of the criminal proceedings if the court finds that the defendant is not complying with the terms and conditions of diversion. Existing law establishes the Elderly Parole Program for the purpose of reviewing the parole suitability of inmates who are 60 years of age or older and who have served a minimum of 25 years of continuous incarceration on their sentence. This bill would modify the minimum age limitation for that program to 50 years of age and instead require the inmate to have served a minimum of 20 years of continuous incarceration in order to be eligible for that program.
Who sponsors AB 3234?
AB 3234 is sponsored by Ting.
What is the current status of AB 3234?
This bill has been enacted into law. Introduced February 21, 2020. Enacted.
Where can I track AB 3234?
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