California AB 46: Diversion.

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 |Add To My Favorites |Track Bill | Version: 06/29/26 - Chaptered
 06/22/26 - Enrolled
 05/14/26 - Amended Senate
 02/13/26 - Amended Senate
 07/10/25 - Amended Senate
 05/05/25 - Amended Assembly
 03/10/25 - Amended Assembly
 12/02/24 - Introduced

 AB-46 Diversion.(2025-2026)

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 Date Published: 06/30/2026 02:00 PM

AB46:v92#DOCUMENTBill Start

 Assembly Bill

 No. 46

 CHAPTER 18

An act to amend Section 1001.36 of the Penal Code, relating to diversion.

 [
 Approved by

 Governor
 June 29, 2026.

 Filed with

 Secretary of State
 June 29, 2026.
 ]

LEGISLATIVE COUNSEL'S DIGEST

AB 46, Nguyen.
 Diversion.

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.

Digest Key

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

Bill Text

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

SECTION 1.

 Section 1001.36 of the Penal Code is amended to read:

1001.36.

 (a) On an accusatory pleading alleging the commission of a misdemeanor or felony offense not set forth in subdivision (d), the court may, in its discretion, and after considering the positions of the defense and prosecution, grant pretrial diversion to a defendant pursuant to this section if the defendant satisfies the eligibility requirements for pretrial diversion set forth in subdivision (b) and the court determines that the defendant is suitable for that diversion under the factors set forth in subdivision (c). Diversion pursuant to this section is discretionary in all cases, when exercised consistent with subdivision (b) or (c).

(b) A defendant is eligible for pretrial diversion
 pursuant to this section if both of the following criteria are met:

(1) The defendant has been diagnosed with a mental disorder as identified in the most recent edition of the Diagnostic and Statistical Manual of Mental Disorders, including, but not limited to, bipolar disorder, schizophrenia, schizoaffective disorder, or post-traumatic stress disorder, but excluding antisocial personality disorder and pedophilia. Evidence of the defendant’s mental disorder shall be provided by the defense and shall include a diagnosis or treatment for a diagnosed mental disorder within the last five years by a qualified mental health expert. In opining that a defendant suffers from a qualifying disorder, the qualified mental health expert may rely on an examination of the defendant, the defendant’s medical records, arrest reports, or any other relevant evidence.

(2) The defendant’s mental disorder was a significant factor in the commission of the charged offense. If the defenda