Misdemeanors.
Summary
Existing law provides that a crime punishable with death, by imprisonment in the state prison, or by imprisonment in a county jail for more than one year is a felony and all other offenses, except those that are classified as infractions, are misdemeanors. Existing law further provides that a crime that is punishable, in the discretion of the court, as a felony or as a misdemeanor is a misdemeanor under certain circumstances, including when, at or before the preliminary examination or prior to a certain order being filed, the magistrate determines that the offense is a misdemeanor. This bill would instead make a crime a misdemeanor under that condition any time the court, prior to trial, determines that the offense is a misdemeanor. The bill would also require, following a denial of a motion under this provision, a subsequent motion to be made only upon a showing of changed circumstances.
Bill status
signed
all 5 stages cleared
Introduction
Jan 2025
Committee Review
Jun 2025
Assembly Passage
Mar 2025
Senate Passage
Sep 2025
Signed into Law
Oct 2025
Introduced Jan 24, 2025
Signed Oct 11, 2025
Maddy AI version diff · 5 comparisons
What changed between versions
08/19/25 - Amended Senate
→
09/10/25 - Enrolled
·
2 edits
·
Sep 10, 2025
MINOR
AB 321 moved from its Amended Senate version to Enrolled status with one substantive textual correction and routine formatting updates. The key change fixes a drafting error in Penal Code Section 17(b)(5)(B) by properly inserting the phrase 'which includes, but is not limited to, newly available facts relevant' before the list of what constitutes changed circumstances for refiling a motion to reduce a felony to a misdemeanor. All other changes are standard enrolled-bill formatting (removal of amendment dates, addition of passage dates and signature blocks).
TECHNICAL
In Penal Code Section 17(b)(5)(B), the text 'changed circumstances. circumstances, to the charge or defendant's personal circumstances' was corrected to 'changed circumstances, which includes, but is not limited to, newly available facts relevant to the charge or defendant's personal circumstances, or change in the applicable law.' This fixes a drafting error (a period where a comma should have been) and adds clarifying language specifying that changed circumstances include newly available facts relevant to the charge or the defendant's personal circumstances, or a change in applicable law.
The coauthor credit '(Coauthor: Senator Wiener)' was removed from the bill header, which is standard when a bill reaches enrolled status.
Floor votes · Senate Sep 4, 2025 · Assembly Mar 13, 2025
How they voted
23–13
Passed · 4 other
Total votes 40
Sep 4, 2025
D
Democratic30
76% Yea
R
Republican10
100% Nay
Vote distribution
All Yea
All Nay
Mixed
No data
Full legislative history
Actions timeline
Total actions
22
Key actions
8
Committee
5
Amendments
4
Oct 11, 2025
Signed into law
Approved by the Governor.
legislature
Sep 8, 2025
Lower · Passed
Senate amendments concurred in. To Engrossing and Enrolling. (Ayes 55. Noes 12. Page 3023.).
lower
Sep 4, 2025
Introduced
In Assembly. Concurrence in Senate amendments pending.
lower
Sep 4, 2025
Upper · Passed
Read third time. Passed. Ordered to the Assembly. (Ayes 23. Noes 13. Page 2508.).
upper
Aug 19, 2025
Upper · Passed
Read third time and amended. Ordered to second reading.
upper
Jun 10, 2025
Upper · Passed
From committee: Do pass. (Ayes 5. Noes 1.) (June 10).
upper
May 29, 2025
Introduced
From committee chair, with author's amendments: Amend, and re-refer to committee. Read second time, amended, and re-referred to Com. on PUB. S.
upper
May 7, 2025
Committee
Referred to Com. on PUB. S.
upper
Mar 13, 2025
Lower · Passed
Read third time. Passed. Ordered to the Senate. (Ayes 52. Noes 6. Page 617.)
lower
Mar 4, 2025
Lower · Passed
From committee: Do pass. To Consent Calendar. (Ayes 9. Noes 0.) (March 4).
lower
Feb 10, 2025
Committee
Referred to Com. on PUB. S.
lower
Jan 25, 2025
Lower · Passed
From printer. May be heard in committee February 24.
lower
Jan 24, 2025
Introduced
Introduced. To print.
lower
1 primary · 1 co-sponsor
Sponsors
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