Crimes: SCRIVNER Act.

The bill's formatting changed from line-by-line amendment markup (with strikethrough and insertion indicators) to clean enrolled text without line numbers or amendment symbols. This is a standard procedural step when a bill reaches enrolled status.

Senate and Assembly amendment date headers, vote/appropriation/fiscal committee lines, and page numbering artifacts from the amended version were removed in favor of the enrolled version's standard header format showing passage dates and clerk signatures.

The entire amendment to Penal Code Section 288 was removed. The Assembly version would have made it a felony for a person under the influence of a mind- or mood-altering substance to commit a lewd act on a child under 14 without requiring proof of specific intent to arouse, appeal to, or gratify sexual desires. This expanded the scope of the crime and created a state-mandated local program.

The bill's title/description was updated to remove reference to amending Section 288, now reading only 'An act to amend Section 1001.36 of, and to add Section 11110 to, the Penal Code' - though Section 11110 was also removed from the operative text, suggesting a drafting inconsistency or that the description was not fully updated.

New Penal Code Section 11110 was removed. It would have required the Department of Justice to bring criminal charges within 30 days against any person holding an elected office who committed specified rape-related crimes (Chapter 1 or Chapter 5 of Title 9, Part 1) where the victim was a minor and the case was appropriate for prosecution.

The provision stating no state reimbursement was required because the act created a new crime or changed a penalty was removed, consistent with the removal of the Section 288 amendment.

The basis for deeming a defendant ineligible for pretrial diversion was narrowed. The Assembly version included 'police reports, or other evidence' as sources of facts that could trigger ineligibility. The Senate version limits this to 'facts alleged in the accusatory pleading or disclosed in the preliminary hearing transcript,' making it harder for prosecutors to argue a defendant is ineligible based on uncharged conduct revealed only in police reports.

A new Section 2.5 was added incorporating alternative language for Section 1001.36 proposed by AB 46, operative only if both bills are enacted and AB 2273 is enacted last. The AB 46 version makes diversion explicitly discretionary in all cases, changes the danger standard from 'unreasonable risk of danger to public safety' to 'substantial and undue risk to the physical safety of another person,' requires courts to consider victim's constitutional rights when denying diversion, requires oral statement of reasons on denial, and changes the exclusion list from mandatory ('shall not') to permissive ('may not').

In Penal Code Section 1001.36(d)(1), the language was changed from 'A defendant may not be placed into a diversion program' to 'A defendant shall not be placed into a diversion program,' making the ineligibility bar for specified sex offenses (murder, sex offender registration offenses, rape, lewd acts on children under 14, assault with intent to commit rape, conspiracy to commit rape, continuous sexual abuse, and certain other offenses) mandatory rather than discretionary.

A new sentence was added to Section 1001.36(d)(2) requiring that when the facts alleged or disclosed would constitute an offense that bars diversion but the defendant has not been formally charged with those offenses, the prosecution must state on the record why those charges are not being sought and whether they have conferred with the victim about the charges filed.

The legislative digest was expanded to note that the new prosecutor duty imposes a state-mandated local program, and added language providing that if the Commission on State Mandates determines the bill contains costs mandated by the state, reimbursement shall be made pursuant to statutory provisions.

A cross-reference in Section 1001.36(c)(2) was corrected from 'subparagraph (C), of' to 'subparagraph (C), (C) of,' and the bill title was changed from 'Sections 288 and 1001.36 of, and to add Section 11110 to' to 'Sections 288 and Section 1001.36 of, and to add Section 11110 to.'