BILL NUMBER: AB 994	INTRODUCED
	BILL TEXT


INTRODUCED BY   Assembly Member Lowenthal

                        FEBRUARY 22, 2013

   An act to amend Section 1001.2 of the Penal Code, relating to
diversion programs.


	LEGISLATIVE COUNSEL'S DIGEST


   AB 994, as introduced, Lowenthal. Misdemeanor diversion programs.
   Under existing law, prosecution of an offense filed as a
misdemeanor may be postponed, either temporarily or permanently, at
any point in the judicial process from the point at which the accused
is charged until adjudication, for the person charged to participate
in a diversion program for the treatment of problem drinking or
alcoholism. Existing law requires the district attorney of each
county annually to review any diversion program. Existing law
prohibits a program from continuing without the approval of the
district attorney and prohibits a person from participating in a
diversion program without the authorization of the district attorney.

   This bill would require each county to establish and maintain a
program and would remove the requirement for approval, both of the
program and the participation by an individual, by the district
attorney. By requiring diversion programs in additional counties 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 these
statutory provisions.
   Vote: majority. Appropriation: no. Fiscal committee: yes.
State-mandated local program: yes.


THE PEOPLE OF THE STATE OF CALIFORNIA DO ENACT AS FOLLOWS:

  SECTION 1.  Section 1001.2 of the Penal Code is amended to read:
   1001.2.  (a) This chapter shall not apply to  any
  a  pretrial diversion or posttrial 
programs   program  for the treatment of problem
drinking or alcoholism utilized for persons convicted of one or more
offenses under Section 23152 or 23153 or former Section 23102 of the
Vehicle Code or to  a  pretrial diversion  programs
  program  established pursuant to Chapter 2.5
(commencing with Section 1000) of this title  nor 
 . Nor  shall this chapter be deemed to authorize 
any   a  pretrial diversion or posttrial 
programs   program  for persons alleged to have
committed  a  violation of Section 23152 or 23153 of the
Vehicle Code. 
   (b) The district attorney of each county shall review annually any
diversion program established pursuant to this chapter, and no
program shall continue without the approval of the district attorney.
No person shall be diverted under a program unless it has been
approved by the district attorney. Nothing in this subdivision shall
authorize the prosecutor to determine whether a particular defendant
shall be diverted.  
   (b) Each county shall establish and maintain a diversion program
pursuant to this chapter. 
  SEC. 2.  If the Commission on State Mandates determines that this
act contains costs mandated by the state, reimbursement to local
agencies and school districts for those costs shall be made pursuant
to Part 7 (commencing with Section 17500) of Division 4 of Title 2 of
the Government Code.