(FOX40.COM) — The California state Assembly passed a bill yesterday that several California district attorney offices argue will eliminate a loophole in California’s diversion program.
The legislation, Assembly Bill 46, now heads to Gov. Gavin Newsom’s desk where it awaits either a signature or veto.
Asm. Stephanie Nguyen, D-Elk Grove, first introduced the bill before the 2025 legislative session. It would give judges authority to use personal judgement and risk assessment in deciding whether to grant diversion to prosecuted individuals.
Defendants currently qualify for diversion as long as they have certain mental disorders and an expert finds that their disorder led to the crime. The defendant would then undergo mental health treatment in lieu of a formal conviction.
The Placer County District Attorney’s Office argues the diversion program allows dangerous criminals to walk free and become repeat offenders — and cites AB 46 as the patch for this loophole.
“AB 46 is a balanced, common-sense reform that restores judicial discretion and allows judges to make individualized public safety decisions while preserving access to treatment for those who truly need it,” the district attorney’s office said in a social media post.
This bill underwent several amendments before it was passed by the state Senate on May 27, and most recently the Assembly on June 22.
The Placer County DA’s office requested signatures from the public to urge Newsom to sign AB 46 into law in a Facebook post Monday afternoon.
Newsom has not released a comment about AB 46.
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