(a)This chapter shall apply whenever a case is before any court upon an accusatory pleading at any stage of the criminal proceedings, for any person who has been evaluated by a regional center and who is determined to be a person with a developmental disability by the regional center, and who therefore is eligible for its services.
(b)This chapter applies to any offense that is charged as a misdemeanor or felony offense, except that a defendant may not be placed into a diversion program, pursuant to this section, for any of the following current charged offenses:
(1)Murder or voluntary manslaughter.
(2)An offense
for which a person, if convicted, would be required to register pursuant to Section 290, except for a violation of Section 314.
(3)Rape.
(4)Lewd or lascivious act on a child under 14 years of age.
(5)Assault with intent to commit rape, sodomy, or oral copulation, in violation of Section 220.
(6)Commission of rape or sexual penetration in concert with another person, in violation of Section 264.1.
(7)Continuous sexual abuse of a child, in violation of Section 288.5.
(8)A violation of subdivision (b) or (c) of Section 11418.
(c)Diversion shall not be
ordered when the defendant previously has been diverted under this chapter within two years prior to the present criminal proceedings.
(d)This section is operative January 1, 2021.
Notes of Decisions
Cited in
4
cases (
1 in the last 5 years), 1984–2022 · leading case:
People v. Weatherill, 215 Cal. App. 3d 1569 (Cal. Ct. App. 1989).
People v. Weatherill, 215 Cal. App. 3d 1569 (Cal. Ct. App. 1989).
· cites it 6× “Section 23202 is a specific statute and controls, to the extent of their inconsistency, the general statute, Penal Code section 1001.21. [8] More recent statute supersedes older statute Penal Code section 1001.”
People v. VanVleck, 2 Cal. App. 5th 355 (Cal. Ct. App. 2016).
· cites it 2× “(Pen. Code, § 1001.21, subd. (b).) In Weatherill , the court looked at the plain language of section 23640 and found its “apparent meaning is that all driving-under-the-influence defendants, without exception, shall have their guilt or innocence determined without delay and…”
People v. Krall, 151 Cal. App. 3d 792 (Cal. Ct. App. 1984).
“(Pen. Code, § 1001.21 et seq.) Therefore, this definition should have been used by the court.”
People v. Super. Ct. (Ortiz) (Cal. Ct. App. 2022).
“) In dissent, Justice Johnson pointed out that persuasive arguments could be made on both sides of the statutory construction issue, but a “marginally more persuasive argument” could be made that misdemeanor DUI cases were eligible for diversion under Penal Code section 1001.21.…”
Annotations are extracted automatically from the opinions in the
Syfert caselaw corpus and ranked by authority, recency, and
treatment. Dots show Syfertize treatment of the citing case itself.