California Legislature—2013–14 Regular Session

Assembly Bill No. 2124

Introduced by Assembly Member Lowenthal

February 20, 2014

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

LEGISLATIVE COUNSEL’S DIGEST

AB 2124, as introduced, Lowenthal. Misdemeanor offenses: pretrial diversion program.

Existing law authorizes a county to establish a pretrial diversion programs for defendants who have been charged with a misdemeanor offense.

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

Vote: majority. Appropriation: no. Fiscal committee: no. State-mandated 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 begin delete provision of end delete 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
begin delete no end delete begin insert the end insert program shall begin insert not end insert continue without the approval of the
district attorney. begin delete No end delete begin insert A end insert person shall begin insert not end insert be diverted under a program
unless it has been approved by the district attorney. begin delete Nothing in
this end delete begin insert This end insert subdivision begin delete shall end delete begin insert does not end insert 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.