Bill Text: CA AB1474 | 2017-2018 | Regular Session | Introduced

California Assembly Bill 1474 (Prior Session Legislation)

Introduced

Bill Title: Misdemeanor offenses: pretrial diversion program.

Spectrum: Partisan Bill (Democrat 1-0)

Status: (Failed) 2018-02-01 - Died at Desk. [AB1474 Detail]

Download: California-2017-AB1474-Introduced.html

CALIFORNIA LEGISLATURE— 2017–2018 REGULAR SESSION

Assembly Bill

No. 1474

Introduced by Assembly Member Eggman

February 17, 2017

An act to amend Section 1001.50 of the Penal Code, relating to pretrial diversion programs.

LEGISLATIVE COUNSEL'S DIGEST

AB 1474, as introduced, Eggman. Misdemeanor offenses: pretrial diversion program.

Existing law authorizes a county to establish a pretrial diversion program for defendants who have been charged with a misdemeanor offense. Existing law defines “pretrial diversion,” for these purposes, to mean the procedure of postponing prosecution either temporarily or permanently at any point in the judicial process from the point at which the accused is charged until adjudication.

This bill would make technical, nonsubstantive changes to this provision.

Vote: MAJORITY Appropriation: NO Fiscal Committee: NO Local Program: NO

The people of the State of California do enact as follows:

SECTION 1.

Section 1001.50 of the Penal Code is amended to read:

1001.50.

(a) Notwithstanding any other ~~provision of~~ law, this chapter shall become operative in a county only if the board of supervisors adopts the provisions of this chapter by ordinance.

(b) The district attorney of each county shall review annually any diversion program established pursuant to this chapter, and no the program shall not continue without the approval of the district attorney. No A person shall not be diverted under a program unless it has been approved by the district attorney. ~~Nothing in this~~ This subdivision ~~shall~~ does not authorize the prosecutor to determine whether a particular defendant shall be diverted.

(c) As used in this chapter, “pretrial diversion” means the procedure of postponing prosecution either temporarily or permanently at any point in the judicial process from the point at which the accused is charged until adjudication.