Pretrial diversion: borderline personality disorder.
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AB 1412 — Pretrial diversion: borderline personality disorder.
Last action — Chaptered by Secretary of State - Chapter 687, Statutes of 2023.
No card. One bill, free forever — alerts when it moves.
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✓Introduced
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✓In Committee
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✓Passed Assembly
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✓Passed Senate
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✓To Executive
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6Enacted
This bill has been enacted into law. Introduced February 17, 2023. Enacted.
Signed by Governor Gavin Newsom (Democratic) on October 10, 2023.
Prognosis
Where this bill stands today.
Odds of enactment
HighHow often bills like it became law.
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Enacted
Current position in the legislative process.
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2 sponsors
1 primary, 1 co-sponsors signed on.
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Single-party support
Sponsorship is currently within one party (2 D).
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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 court 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. Existing law conditions eligibility on, among other criteria, a court finding that the defendant suffers from a mental disorder, as specified, excluding antisocial personality disorder, borderline personality disorder, and pedophilia. This bill would remove borderline personality disorder as an exclusion for pretrial diversion. This bill would incorporate additional changes to Section 1001.36 of the Penal Code proposed by AB 455 to be operative only if this bill and AB 455 are enacted and this bill is enacted last.
Bill Text
- Chaptered 10/10/23 - Chaptered Current pdf October 10, 2023
- Enrolled 09/14/23 - Enrolled pdf September 14, 2023
- Amended 09/06/23 - Amended Senate pdf September 06, 2023
- Introduced 02/17/23 - Introduced pdf February 17, 2023
- AB1412 View text html
Action History
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Chaptered by Secretary of State - Chapter 687, Statutes of 2023.
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Approved by the Governor.
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Enrolled and presented to the Governor at 4 p.m.
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Senate amendments concurred in. To Engrossing and Enrolling. (Ayes 66. Noes 3. Page 3301.).
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Assembly Rule 77 suspended. (Page 3228.)
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In Assembly. Concurrence in Senate amendments pending. May be considered on or after September 13 pursuant to Assembly Rule 77.
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Read third time. Passed. Ordered to the Assembly. (Ayes 30. Noes 9. Page 2558.).
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Read second time. Ordered to third reading.
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Read third time and amended. Ordered to second reading.
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Read second time. Ordered to third reading.
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From committee: Be ordered to second reading pursuant to Senate Rule 28.8.
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From committee: Do pass and re-refer to Com. on APPR. (Ayes 4. Noes 1.) (June 13). Re-referred to Com. on APPR.
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Referred to Com. on PUB S.
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In Senate. Read first time. To Com. on RLS. for assignment.
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Read third time. Passed. Ordered to the Senate. (Ayes 66. Noes 4. Page 1700.)
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Read second time. Ordered to third reading.
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From committee: Do pass. (Ayes 13. Noes 0.) (May 17).
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In committee: Hearing postponed by committee.
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In committee: Hearing postponed by committee.
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From committee: Do pass and re-refer to Com. on APPR. (Ayes 6. Noes 0.) (April 11). Re-referred to Com. on APPR.
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Referred to Com. on PUB. S.
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From printer. May be heard in committee March 20.
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Read first time. To print.
Sponsors
- Gregg Hart · Primary
- Mike A. Gipson · Cosponsor
Sponsorship breakdown
Export CSV (upgrade) →1 sponsors · 1 co-sponsors · 120 not signed on · 10 voted No
Sponsors (1)
- Hart, Gregg Democratic
Co-sponsors (1)
- Gipson, Mike A. Democratic
Not signed on (120)
120 members have not signed on to this bill.
Show all 120 →"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.
Votes
| Party | Yea | Nay | Present | Not Voting |
|---|---|---|---|---|
| Democratic | 47 | 0 | 0 | 0 |
| Unaffiliated | 16 | 1 | 0 | 3 |
| Republican | 3 | 2 | 0 | 8 |
| Total | 66 | 3 | 0 | 11 |
| % of votes cast | 83% | 4% | 0% | 14% |
How each member voted (80)
| Member | Party | Vote |
|---|---|---|
| Holden | — | Yea |
| Maienschein | — | Yea |
| Rodriguez | — | Yea |
| Villapudua | — | Yea |
| Ting | — | Yea |
| Jones-Sawyer | — | Yea |
| McCarty | — | Yea |
| Rendon | — | Yea |
| Friedman | — | Yea |
| Low | — | Yea |
| Wood | — | Yea |
| Waldron | — | Yea |
| Santiago | — | Yea |
| Essayli | — | Nay |
| Mathis | — | Not Voting |
| Eduardo Garcia | — | Yea |
| Jim Patterson | — | Not Voting |
| Luz Rivas | — | Yea |
| Vince Fong | — | Not Voting |
| Wendy Carrillo | — | Yea |
| Addis, Dawn | Democratic | Yea |
| Aguiar-Curry, Cecilia M. | Democratic | Yea |
| Alvarez, David | Democratic | Yea |
| Arambula, Joaquin | Democratic | Yea |
| Bains, Jasmeet | Democratic | Yea |
| 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 | Yea |
| Connolly, Damon | Democratic | Yea |
| Fong, Mike | Democratic | Yea |
| Gabriel, Jesse | Democratic | Yea |
| Gipson, Mike A. | Democratic | Yea |
| Grayson, Timothy S. | Democratic | Yea |
| Haney, Matt | Democratic | Yea |
| 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 | Yea |
| Ortega, Liz | Democratic | Yea |
| Pacheco, Blanca | Democratic | Yea |
| Papan, Diane | Democratic | Yea |
| Pellerin, Gail | Democratic | Yea |
| Petrie-Norris, Cottie | Democratic | Yea |
| 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 | Yea |
| 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 | Not Voting |
| Chen, Phillip | Republican | Nay |
| Dahle, Megan | Republican | Not Voting |
| Davies, Laurie | Republican | Not Voting |
| Dixon, Diane | Republican | Not Voting |
| Flora, Heath | Republican | Not Voting |
| Gallagher, James | Republican | Nay |
| Hoover, Josh | Republican | Yea |
| Lackey, Tom | Republican | Not Voting |
| Patterson, Joe | Republican | Yea |
| Sanchez, Kate | Republican | Not Voting |
| Ta, Tri | Republican | Not Voting |
| Wallis, Greg | Republican | Yea |
| Party | Yea | Nay | Present | Not Voting |
|---|---|---|---|---|
| Unaffiliated | 9 | 2 | 0 | 0 |
| Democratic | 20 | 1 | 0 | 1 |
| Republican | 1 | 6 | 0 | 0 |
| Total | 30 | 9 | 0 | 1 |
| % of votes cast | 75% | 23% | 0% | 3% |
How each member voted (40)
| Member | Party | Vote |
|---|---|---|
| Roth | — | Yea |
| Atkins | — | Yea |
| Portantino | — | Yea |
| Newman | — | Yea |
| Min | — | Yea |
| Glazer | — | Yea |
| Dodd | — | Yea |
| Bradford | — | Yea |
| Skinner | — | Yea |
| Wilk | — | Nay |
| Eggman | — | Nay |
| Allen, Benjamin | Democratic | Yea |
| Archuleta, Bob | Democratic | Yea |
| Ashby, Angelique V. | Democratic | Yea |
| Becker, Josh | Democratic | Yea |
| Blakespear, Catherine S. | Democratic | Yea |
| Caballero, Anna M. | Democratic | Not Voting |
| Cortese, Dave | Democratic | Yea |
| Durazo, Maria Elena | Democratic | Yea |
| Gonzalez, Lena A. | Democratic | Yea |
| Hurtado, Melissa | Democratic | Yea |
| Laird, John | Democratic | Yea |
| Limón, Monique | Democratic | Yea |
| McGuire, Mike | Democratic | Yea |
| Menjivar, Caroline | Democratic | Yea |
| Nguyen, Stephanie | Democratic | Nay |
| Padilla, Stephen C. | Democratic | Yea |
| Rubio, Susan | Democratic | Yea |
| Smallwood-Cuevas, Lola | Democratic | Yea |
| Stern, Henry I. | Democratic | Yea |
| Umberg, Thomas J. | Democratic | Yea |
| Wahab, Aisha | Democratic | Yea |
| Wiener, Scott D. | Democratic | Yea |
| Alvarado-Gil, Marie | Republican | Yea |
| 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 |
| Party | Yea | Nay | Present | Not Voting |
|---|---|---|---|---|
| Unaffiliated | 2 | 0 | 0 | 0 |
| Democratic | 2 | 0 | 0 | 0 |
| Republican | 0 | 1 | 0 | 0 |
| Total | 4 | 1 | 0 | 0 |
| % of votes cast | 80% | 20% | 0% | 0% |
How each member voted (5)
| Member | Party | Vote |
|---|---|---|
| Skinner | — | Yea |
| Bradford | — | Yea |
| Wahab, Aisha | Democratic | Yea |
| Wiener, Scott D. | Democratic | Yea |
| Ochoa Bogh, Rosilicie | Republican | Nay |
| Party | Yea | Nay | Present | Not Voting |
|---|---|---|---|---|
| Democratic | 46 | 0 | 0 | 1 |
| Republican | 4 | 3 | 0 | 6 |
| Unaffiliated | 16 | 1 | 0 | 3 |
| Total | 66 | 4 | 0 | 10 |
| % of votes cast | 83% | 5% | 0% | 13% |
How each member voted (80)
| Member | Party | Vote |
|---|---|---|
| Maienschein | — | Yea |
| Rodriguez | — | Yea |
| Villapudua | — | Yea |
| Ting | — | Yea |
| Jones-Sawyer | — | Yea |
| McCarty | — | Yea |
| Rendon | — | Yea |
| Friedman | — | Yea |
| Low | — | Yea |
| Wood | — | Yea |
| Waldron | — | Yea |
| Santiago | — | Yea |
| Essayli | — | Nay |
| Mathis | — | Not Voting |
| Holden | — | Yea |
| Eduardo Garcia | — | Yea |
| Jim Patterson | — | Not Voting |
| Luz Rivas | — | Yea |
| Vince Fong | — | Not Voting |
| Wendy Carrillo | — | Yea |
| Addis, Dawn | Democratic | Yea |
| Aguiar-Curry, Cecilia M. | Democratic | Yea |
| Alvarez, David | Democratic | Yea |
| Arambula, Joaquin | Democratic | Yea |
| Bains, Jasmeet | Democratic | Yea |
| 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 | Yea |
| Connolly, Damon | Democratic | Yea |
| Fong, Mike | Democratic | Yea |
| Gabriel, Jesse | Democratic | Yea |
| Gipson, Mike A. | Democratic | Yea |
| Grayson, Timothy S. | Democratic | Yea |
| Haney, Matt | Democratic | Yea |
| 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 | Yea |
| Ortega, Liz | Democratic | Yea |
| Pacheco, Blanca | Democratic | Yea |
| Papan, Diane | Democratic | Yea |
| Pellerin, Gail | Democratic | Yea |
| Petrie-Norris, Cottie | Democratic | Yea |
| Quirk-Silva, Sharon | Democratic | Not Voting |
| Ramos, James C. | Democratic | Yea |
| Reyes, Eloise Gómez | Democratic | Yea |
| Rivas, Robert | Democratic | Yea |
| Rubio, Blanca E. | Democratic | Yea |
| Schiavo, Pilar | Democratic | Yea |
| 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 | Not Voting |
| Dahle, Megan | Republican | Nay |
| Davies, Laurie | Republican | Not Voting |
| Dixon, Diane | Republican | Yea |
| Flora, Heath | Republican | Not Voting |
| Gallagher, James | Republican | Nay |
| Hoover, Josh | Republican | Yea |
| Lackey, Tom | Republican | Not Voting |
| Patterson, Joe | Republican | Nay |
| Sanchez, Kate | Republican | Not Voting |
| Ta, Tri | Republican | Not Voting |
| Wallis, Greg | Republican | Yea |
| Party | Yea | Nay | Present | Not Voting |
|---|---|---|---|---|
| Democratic | 10 | 0 | 0 | 0 |
| Republican | 1 | 0 | 0 | 2 |
| Unaffiliated | 2 | 0 | 0 | 1 |
| Total | 13 | 0 | 0 | 3 |
| % of votes cast | 81% | 0% | 0% | 19% |
How each member voted (16)
| Member | Party | Vote |
|---|---|---|
| Holden | — | Yea |
| Mathis | — | Not Voting |
| Wendy Carrillo | — | Yea |
| Bryan, Isaac G. | Democratic | Yea |
| Calderon, Lisa | Democratic | Yea |
| Fong, Mike | Democratic | Yea |
| Hart, Gregg | Democratic | Yea |
| Lowenthal, Josh | Democratic | Yea |
| Ortega, Liz | Democratic | Yea |
| Papan, Diane | Democratic | Yea |
| Pellerin, Gail | Democratic | Yea |
| Rivas, Robert | Democratic | Yea |
| Weber Pierson, M.D., Akilah | Democratic | Yea |
| Dahle, Megan | Republican | Not Voting |
| Dixon, Diane | Republican | Yea |
| Sanchez, Kate | Republican | Not Voting |
| Party | Yea | Nay | Present | Not Voting |
|---|---|---|---|---|
| Democratic | 4 | 0 | 0 | 0 |
| Unaffiliated | 2 | 0 | 0 | 0 |
| Republican | 0 | 0 | 0 | 2 |
| Total | 6 | 0 | 0 | 2 |
| % of votes cast | 75% | 0% | 0% | 25% |
How each member voted (8)
| Member | Party | Vote |
|---|---|---|
| Jones-Sawyer | — | Yea |
| Santiago | — | Yea |
| Bonta, Mia | Democratic | Yea |
| Jackson, Corey A. | Democratic | Yea |
| Ortega, Liz | Democratic | Yea |
| Zbur, Rick Chavez | Democratic | Yea |
| Alanis, Juan | Republican | Not Voting |
| Lackey, Tom | Republican | Not Voting |
Subjects
Frequently asked questions
- What does AB 1412 do?
- Existing law authorizes a court 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. Existing law conditions eligibility on, among other criteria, a court finding that the defendant suffers from a mental disorder, as specified, excluding antisocial personality disorder, borderline personality disorder, and pedophilia. This bill would remove borderline personality disorder as an exclusion for pretrial diversion. This bill would incorporate additional changes to Section 1001.36 of the Penal Code proposed by AB 455 to be operative only if this bill and AB 455 are enacted and this bill is enacted last.
- Who sponsors AB 1412?
- AB 1412 is sponsored by Hart, Gregg (Democratic) and Gipson, Mike A. (Democratic).
- What is the current status of AB 1412?
- This bill has been enacted into law. Introduced February 17, 2023. Enacted.
- Where can I track AB 1412?
- Track AB 1412 free on One Click Politics — get push/email alerts when it moves.
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