Cal. Codes » Penal Code

Cal. Penal Code § 1001

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It is the intent of the Legislature that this chapter, Chapter 2.5 (commencing with Section 1000) of this title, or any other provision of law not be construed to preempt other current or future pretrial or precomplaint diversion programs. It is also the intent of the Legislature that current or future posttrial diversion programs not be preempted, except as provided in Section 13201 or 13352.5 of the Vehicle Code. Sections 1001.2 to 1001.9, inclusive, of this chapter apply only to pretrial diversion programs as defined in Section 1001.1.

Notes of Decisions
Cited in 9 cases (3 in the last 5 years), 1980–2023 · leading case: Van Atta v. Scott
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Van Atta v. Scott (1980) cal · cites it 2× “Code, § 1318), or release through pretrial diversion (Pen. Code, § 1001 et seq.). If an arrestee still remains in custody, he has a right to automatic judicial review of the order fixing his bail within five days from the time the order is given (Pen.”
People v. Weatherill (1989) calctapp · cites it 2× “, Penal Code section 1001 et seq. (Stats. 1982, ch.”
People v. VanVleck (2016) calctapp “) The Legislature wanted to make clear it did not intend to preempt the pretrial diversion field (Pen. Code, § 1001) and provided a “ ‘model’ misdemeanor diversion program with legislatively prescribed eligibility criteria ([Pen.”
Hopkins v. Superior Court of Los Angeles County, Appellate Division (2016) calctapp “, Penal Code section 1001 et seq. (Stats. 1982, ch.”
Del Campo v. Kennedy (2006) cand “As part of an effort to provide alternatives to prosecution for certain misdemeanor offenses, the District Attorney’s Office is empowered to offer diversion programs pursuant to California Penal Code Section 1001 et seq.”
People v. Superior Court (2021) calctapp “(Pen. Code, §§ 1001–1001.9, 1001.50–1001.55 .”
People v. Super. Ct. (Ortiz) (2022) calctapp “) The Weatherill majority rejected the defendant’s claim that Vehicle Code former section 23202’s “all-inclusive diversion bar” in DUI cases was inconsistent with “the selective” or specific DUI diversion bar in two other diversion statutes enacted in 1982, Penal Code section…”
Shaw v. Sacramento County Sheriff's Dept. (2023) caed “) On August 13, 2014, Plaintiff entered a diversion program pursuant to California 8 Penal Code § 1001. (Id. at ¶ 86.) Plaintiff successfully completed diversion on August 28, 2015, 9 and all criminal charges brought against Plaintiff were dismissed.”
Solberg v. Victim Services, Inc. (2019) cand “…preempt other current or future pretrial or precomplaint diversion programs.” Cal. Penal Code § 1001 . In California, as elsewhere, “the words of a statute” are “the most reliable indicator of legislative intent.” Tuolumne Jobs & Small Business Alliance v. Superior Court,…”
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