February 19, 2024 - SACRAMENTO, CA – Last week, Assemblymember Stephanie Nguyen (D-Elk Grove) introduced her bill AB 2576. This bill ensures public safety by adding attempted murder to the list of crimes ineligible for mental health diversion, whereby individuals who attempt to take another’s life are not released into the community without appropriate accountability measures.

“This bill is needed not only in Sacramento but statewide. There are cases where someone attempts murder and gets released back into the community without being held accountable,” Assemblymember Stephanie Nguyen said. “Those who attempt a violent act to end someone’s life should serve their sentence in addition to receiving their mental health diversion.”

AB 2576 addresses a critical loophole where current law allows defendants with a mental health disorder and charged with attempted murder, to complete mental health treatment without serving time. Once a designated program is completed by the offender, any record of their arrest and criminal charges are expunged. This bill will ensure that no one gets away with attempted murder and uphold the paramount safety of our community.

“Often the difference between attempted murder and murder rests not only on the culpability or danger of the defendant but on other circumstances such as the victim’s proximity to a hospital, or the availability of bystanders to intervene and help,” said Greg Totten, Chief Executive Officer of the California District Attorneys Association. “Therefore, the California District Attorneys Association is proud to sponsor and support Assemblymember Nguyen’s measure to close a loophole that treats people who attempt murder differently. Both should be excluded from eligibility for Penal Code 1001.36 mental health diversion in order to keep our communities safe.”

Assemblymember Stephanie Nguyen represents the Cities of Sacramento and Elk Grove
Source: Assemblymember Stephanie Nguyen