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 Bill Text - AB-2297 Restitution: diversion.

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 |Add To My Favorites |Track Bill | Version: 03/26/26 - Amended Assembly
 02/19/26 - Introduced

 AB-2297 Restitution: diversion.(2025-2026)

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 Date Published: 03/26/2026 09:00 PM

AB2297:v98#DOCUMENTBill Start

 Amended
 IN 
 Assembly
 March 26, 2026

 CALIFORNIA LEGISLATURE—
 2025–2026 REGULAR SESSION

 Assembly Bill

No. 2297

Introduced by Assembly Member Stefani

February 19, 2026

 An act to amend Section 1202.4 of the Penal Code, relating to restitution. 

LEGISLATIVE COUNSEL'S DIGEST

AB 2297, as amended, Stefani.
 Restitution: diversion.

Existing law requires a court to, in every case where a person is convicted of a crime, order restitution to the victim or victims, as specified. Existing law creates and authorizes a number of diversion and deferred entry of judgment programs, which either defer entry of a plea of guilty by the defendant or postpone the proceedings of the case as long as the defendant participates in the program. Existing law requires the court to dismiss the plea or charges if the defendant has performed satisfactorily during the program.

This bill would require the court to order restitution to the victims or victims when a defendant participates in a diversion program, provided that the defendant is informed of their right to have a judicial determination of the amount of restitution and is provided with a hearing, waives a hearing, or stipulates to the
 amount of restitution ordered. If the court finds restitution is owed pursuant to this provision, the bill would require the court to order payment of restitution during the period of diversion. The bill would prohibit a defendant’s inability to pay restitution due to indigence or mental disorder from being grounds for denial of diversion or a finding that the defendant failed to comply with the terms of diversion. The bill would require an order for restitution to be suspended until the resolution of criminal proceedings if a defendant withdraws from diversion or fails to complete the terms of diversion.

Digest Key

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

Bill Text

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

SECTION 1.

 Section 1202.4 of the Penal Code is amended to read:

1202.4.

 (a) (1) It is the intent of the Legislature that a victim of a crime who incurs an economic loss as a result of the commission of a crime shall receive restitution directly from a defendant convicted of that crime or who enters a diversion program resulting from that crime.

(2) Upon a person being convicted of a crime in the State of California, the court shall order the defendant to pay a fine in the form of a penalty assessment in accordance with Section 1464.

(3) The court, in addition to any other penalty provided or imposed under the law, shall order the defendant to pay both of the following:

(A) A restitution fine in accordance with subdivision (b).

(B) Restitution to the victim or victims, if any, in accordance with subdivision (f), which shall be enforceable as if the order were a civil judgment and shall be paid as specified in subdivision (i).

(4) The (A) The court shall order restitution to the victim or victims, if any, in accordance with subdivision (f), which shall be enforceable as if the order were a civil judgment, and shall be paid as specified in subdivision (i), when a defendant participates in a diversion program,
 provided that the defendant is informed of their right to have a judicial determination of the amount and is provided with a hearing, waives a hearing, or stipulates to the amount of restitution ordered. If the court finds that restitution is owed to any victim as a result of the diverted offense, the court shall order its payment during the period of diversion. A defendant’s inability to pay restitution due to indigence or mental disorder shall not be grounds for denial of diversion or a finding that the defendant has failed to comply with the terms of diversion.

(B) If the defendant withdraws from diversion or fails to complete the terms of diversion, a restitution order under this paragraph shall be
 suspended until criminal proceedings are resolved.

(C) If the defendant completes diversion, an order under this paragraph may be enforced pursuant to Section 1214.

(b) In every case where a person is convicted of a crime, the c