Assembly Bill 321
What is Assembly Bill 321?
Assembly Bill 321, formally known as the Better Informed Decisions (BID) Act, was signed into law by Governor Gavin Newsom on October 11, 2025. This legislation aims to provide the judiciary with more flexibility when handling “wobbler” offenses—crimes that can be charged as either a felony or a misdemeanor under California law.
Key takeaway: AB 321 empowers judges to reduce a felony charge to a misdemeanor at any point during the pre-trial phase, rather than being restricted to the preliminary hearing or sentencing stages.
Changes to California Penal Code Section 17
Under previous law, a magistrate’s ability to reduce a wobbler to a misdemeanor was generally confined to the preliminary examination. AB 321 amends Penal Code Section 17 to expand this window of discretion:
- Expanded Timeline: Courts may now determine an offense is a misdemeanor at any time prior to trial, either on the court’s own motion or the motion of a party.
- Evidence-Based Decisions: This allows judges to review discovery and evidence that may only become available after the initial arraignment, ensuring the charge matches the actual conduct.
- Motion Restrictions: To prevent redundant filings, if a motion to reduce a charge is denied, a subsequent motion can only be made if there is a showing of “changed circumstances.”
- Juvenile Justice Alignment: The bill also updates terminology to reflect the closure of the Division of Juvenile Justice, replacing it with references to “secure youth treatment facilities.”
Impact on the Criminal Justice System
The BID Act is expected to improve court efficiency and fairness by:
- Reducing Trial Costs: Misdemeanor trials are significantly shorter and less resource-intensive than felony trials. Reducing appropriate cases early saves taxpayer funds.
- Preventing Collateral Consequences: By correctly classifying an offense as a misdemeanor before trial, defendants may avoid the severe “collateral consequences” of a felony charge, such as loss of employment, housing instability, or immigration issues.
- Proportionate Sentencing: Ensures that the legal consequences faced by an individual are truly proportionate to the severity of the alleged crime.