SB 1373 California Senate · 2025-2026 Regular Session

Diversion.

Summary
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, to allow the defendant to undergo mental health treatment. Existing law prescribes specified criteria for a defendant to be eligible for pretrial diversion and for a court to consider whether the defendant is suitable for pretrial diversion. Existing law authorizes a court to require the defendant to make a prima facie showing that they will meet the minimum requirements of eligibility for diversion and that the defendant and the offense are suitable for diversion and authorizes the court, if that showing is not made, to summarily deny diversion and grant alternate relief. This bill, if the court intends to summarily grant diversion or any other relief, would require the court to conduct an additional hearing if requested by either party. By increasing the duties on local prosecutors, 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.
Bill status passed 3 of 5 stages cleared
Introduction
Feb 2026
Committee Review
Aug 2026
Senate Passage
May 2026
Assembly Passage
Governor
Introduced Feb 20, 2026 Last action Aug 13, 2026
Maddy AI version diff · 4 comparisons

What changed between versions

06/16/26 - Amended Assembly 07/02/26 - Amended Assembly · 6 edits · Jul 2, 2026
MODERATE
The July 2 amendment to SB 1373 (mental health diversion) adds a second section that modifies the already-enacted version of the law (Chapter 18 of 2026). The most significant changes are: removal of five offenses from the list of crimes excluded from diversion eligibility (including human trafficking and child abuse), a new requirement that courts orally state reasons when denying diversion, a shift in the clinical appropriateness standard for treatment plans, and explicit language confirming diversion is always discretionary. Senator Stern was also added as a coauthor.
Scope change
The bill's scope expanded by removing five offenses from the diversion exclusion list, making more defendants potentially eligible for mental health diversion. At the same time, procedural safeguards were added (oral reasons for denial, explicit discretionary language) that give courts more structured discretion in granting or denying diversion.
ELIGIBILITY

Five offenses were removed from the list of crimes for which a defendant is prohibited from entering mental health diversion: child abuse and endangerment (Section 273a felony), assault of a child under eight resulting in death (Section 273ab), human trafficking (Section 236.1), corporal injury causing great bodily injury (Section 273.5), and cruel or inhuman corporal punishment on a child resulting in injury (Section 273d felony). This expands the pool of defendants who may qualify for diversion.

The clinical appropriateness standard in subdivision (c) was changed. Previously, the requirement was that the defendant's symptoms 'would respond to mental health treatment.' Now it requires that 'the proposed mental health diversion plan is clinically appropriate to address the symptoms of the defendant's mental disorder that caused, contributed to, or motivated the charged offense.' This shifts focus from a general response-to-treatment question to whether the specific proposed plan fits the defendant's needs.

REQUIREMENT

A new requirement was added: if the court denies diversion, it must orally state the reasons on the record. This creates a transparent basis for appellate review and ensures defendants understand why they were denied.

The list of factors the court may consider when assessing risk was simplified and made more open-ended. The previous version specifically listed 'prior history in a pretrial diversion plan' and 'severity of injuries to victims.' The new version uses broader language: 'any factors that the court deems appropriate,' including the defendant's violence and criminal history and the current charged offense.

SCOPE

New language was added to subdivision (a) stating: 'Diversion pursuant to this section is discretionary in all cases, when exercised consistent with subdivision (b) or (c).' This explicitly confirms that even when a defendant meets all eligibility and suitability criteria, the court retains discretion to deny diversion.

Senator Stern was added as a coauthor of the bill, joining Senators Niello and Rubio. This may indicate broader bipartisan or cross-committee support for the amendment.

Floor votes · Senate May 28, 2026

How they voted

320
Passed · 8 other
Total votes 40
May 28, 2026
D Democratic30
23 Yea 7
76% Yea
R Republican10
9 Yea 1
90% Yea
Vote distribution
All Yea All Nay Mixed No data
Full legislative history

Actions timeline

Total actions
20
Key actions
8
Committee
5
Amendments
4
Aug 13, 2026
Lower · Passed
August 13 hearing: Held in committee and under submission.
lower
Jul 2, 2026
Lower · Passed
Read second time and amended. Re-referred to Com. on APPR.
lower
Jul 2, 2026
Lower · Passed
From committee: Do pass as amended and re-refer to Com. on APPR. (Ayes 7. Noes 0.) (June 30).
lower
Jun 16, 2026
Lower · Passed
From committee with author's amendments. Read second time and amended. Re-referred to Com. on PUB. S.
lower
Jun 4, 2026
Committee
Referred to Com. on PUB. S.
lower
May 28, 2026
Upper · Passed
Read third time. Passed. (Ayes 32. Noes 0. Page 4522.) Ordered to the Assembly.
upper
May 14, 2026
Upper · Passed
From committee: Do pass. (Ayes 7. Noes 0. Page 4275.) (May 14).
upper
Apr 22, 2026
Upper · Passed
From committee: Do pass and re-refer to Com. on APPR. (Ayes 5. Noes 0. Page 3984.) (April 21). Re-referred to Com. on APPR.
upper
Apr 15, 2026
Upper · Passed
From committee with author's amendments. Read second time and amended. Re-referred to Com. on PUB. S.
upper
Mar 4, 2026
Committee
Referred to Com. on PUB. S.
upper
Feb 20, 2026
Introduced
Introduced. To Com. on RLS. for assignment. To print.
upper
1 primary · 4 co-sponsors

Sponsors