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 Bill Text - AB-1662 Misdemeanor diversion.

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 |Add To My Favorites |Track Bill | Version: 06/03/26 - Amended Senate
 05/18/26 - Amended Assembly
 01/29/26 - Introduced

 AB-1662 Misdemeanor diversion.(2025-2026)

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 Date Published: 06/03/2026 09:00 PM

AB1662:v97#DOCUMENTBill Start

 Amended
 IN 
 Senate
 June 03, 2026

 Amended
 IN 
 Assembly
 May 18, 2026

 CALIFORNIA LEGISLATURE—
 2025–2026 REGULAR SESSION

 Assembly Bill

No. 1662

Introduced by Assembly Member Wilson
(Coauthors: Assembly Members Alanis, Lackey, Aguiar-Curry, Ahrens, Davies, Macedo, and Ransom)

January 29, 2026

 An act to amend Section 12810 of the Vehicle 1001.95 of the Penal Code, relating to vehicles. diversion.

LEGISLATIVE COUNSEL'S DIGEST

AB 1662, as amended, Wilson.
 Driving record: points: misdemeanor Misdemeanor diversion.

Existing law authorizes a judge in a case where a misdemeanor is being prosecuted, over the objection of the prosecuting attorney, to offer diversion to the defendant. Existing law prohibits this type of diversion when, among other things, the current charged offense is willfully, maliciously, and repeatedly following or willfully and maliciously harassing another person while making a credible threat toward that person, as specified.

Existing law requires the clerk of a court, in which a person was convicted of a violation of the Vehicle Code or other specified provisions, to prepare within 5 days after conviction and immediately forward to the Department
 of Motor Vehicles an abstract of the record of the court covering the case in which the person was convicted.

This bill would require the court, if the court grants diversion to a defendant who, if they had been convicted, would have had an abstract of record forwarded to the department pursuant to the above provisions, to instead direct that the prosecuting attorney ensure notice of the arrest or incident is provided to the department, as specified. By increasing the duties on local officials, this bill would impose a state-mandated local program.

The California Constitution requires the state to reimburse local agencies and school districts for certain costs mandated by the state. Statutory provisions establish procedures for making that reimbursement.

This
 bill would provide that, if the Commission on State Mandates determines that the bill contains costs mandated by the state, reimbursement for those costs shall be made pursuant to the statutory provisions noted above.

Existing law imposes various violation points against a driver’s record for purposes of the suspension or revocation of the privilege to drive by the Department of Motor Vehicles (DMV) if a driver is convicted of a number of specified violations, including a conviction of driving under the influence or vehicular manslaughter. Existing law authorizes a judge in the superior court in which a misdemeanor is being prosecuted to offer diversion to a defendant, and requires the judge, at the end of the diversion period and if the defendant has complied with the imposed terms and conditions, to dismiss the action against the defendant.

This bill would require a court that has, upon the above-described diversion, dismissed a misdemeanor case that includes a violation that is required to be assessed points to transmit that information to the DMV, and
 would require the DMV to assess the applicable points on the driver’s record.

Digest Key

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

Bill Text

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

SECTION 1.

 Section 1001.95 of the Penal Code is amended to read:

1001.95.

 (a) A judge in the superior court in which a misdemeanor is being prosecuted may, at the judge’s discretion, and over the objection of a prosecuting attorney, offer diversion to a defendant pursuant to these provisions.

(b) A judge may continue a diverted case for a period not to exceed 24 months and order the defendant to comply with terms, conditions, or programs that the judge deems appropriate based on the defendant’s specific situation.

(c) If the defendant has complied with the imposed terms and conditions, at the end of the period of diversion, the judge shall dismiss the action against the defendant.

(d) If it appears to the
 court that the defendant is not complying with the terms and conditions of diversion, after notice to the defe