AB 46: Diversion.

Official summary

Legislative Counsel’s Digest (official, as of the latest version). Written by nonpartisan legislative staff; reproduced verbatim.

Existing law authorizes a court to grant pretrial diversion 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 provides that a defendant is eligible for diversion if they have been diagnosed with certain mental disorders and the court finds that the mental disorder was a significant factor in the commission of the charged offense, unless there is clear and convincing evidence that the disorder was not a motivating, causal, or contributing factor to the defendant’s involvement in the alleged offense. Existing law prohibits defendants charged with specified offenses, including murder, from being placed in this diversion program.

This bill would require that the diagnosis or rediagnosis with a mental disorder be within 5 years before the alleged offense.

Existing law makes a defendant suitable for this diversion program if, among other criteria, a qualified mental health expert opines that the defendant’s symptoms of the mental disorder that caused, contributed to, or motivated the criminal behavior, would respond to mental health treatment and the defendant will not pose an unreasonable risk of danger to public safety if treated in the community, as specified.

The bill would revise that standard and instead require the court to find that the defendant will not pose a substantial and undue risk to the physical safety of another person if treated in the community. The bill would require the mental health expert’s opinion to include that the proposed mental health diversion plan is clinically appropriate to address the symptoms of the defendant’s mental disorder, as specified. The bill would require the court to state the reasons for denial on the record.

Sponsors

Sponsors by party (alphabetical): Democratic 11

“Support” is shown only as formal sponsorship recorded by the legislature. Roll-call votes are available on the official bill page.

Recent official actions

1. June 29, 2026Chaptered by Secretary of State - Chapter 18, Statutes of 2026.
2. June 29, 2026Approved by the Governor.
3. June 23, 2026Enrolled and presented to the Governor at 11:30 a.m.
4. June 22, 2026Senate amendments concurred in. To Engrossing and Enrolling. (Ayes 60. Noes 1. Page 5790.).
5. May 27, 2026In Assembly. Concurrence in Senate amendments pending.
6. May 27, 2026Read third time. Passed. Ordered to the Assembly. (Ayes 34. Noes 0. Page 4506.).
7. May 18, 2026Read second time. Ordered to third reading.
8. May 14, 2026Read second time and amended. Ordered returned to second reading.
9. May 14, 2026From committee: Amend, and do pass as amended. (Ayes 7. Noes 0.) (May 14).
10. May 11, 2026In committee: Referred to APPR. suspense file.
11. March 17, 2026From committee: Do pass and re-refer to Com. on APPR. (Ayes 5. Noes 0.) (March 17). Re-referred to Com. on APPR.
12. March 4, 2026Re-referred to Com. on PUB. S.