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Committee rejects amendment and ultimately votes 'do not pass' on criminal diversion bill

2104205 · January 8, 2025
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Summary

After failing to adopt an amendment to narrow Senate Bill 2111, the Judiciary Committee voted to issue a 'do not pass' recommendation and will revisit the bill; the chair said she will record a do‑not‑pass vote but wants the measure to return to committee for further consideration next week.

The Senate Judiciary Committee voted not to advance Senate Bill 2111 after debate on an amendment and a subsequent committee motion for a do‑not‑pass recommendation.

Senator Castaneda offered an amendment to SB 2111 to limit the bill’s application by excluding class B misdemeanors that involve bodily harm or bodily injury. The amendment would have applied the bill only to class B misdemeanors that do not involve physical harm. Senator Lewick seconded the amendment, but the motion failed on a roll-call vote.

Committee members discussed concerns about the bill's effect on judicial discretion and diversion. Chair Larson observed that the proposal could remove options from judges who might otherwise place defendants on probation or treatment programs, which she said could unintentionally increase jailings for treatment purposes. After debate, Senator Castaneda moved and Senator Paulson seconded a motion for a do‑not‑pass recommendation on SB 2111. The committee took a roll‑call vote and the chair said she would vote yes on the do‑not‑pass, indicating she preferred the bill to return to committee with further work rather than advance with the committee's endorsement.

The committee concluded with the do‑not‑pass recommendation and planned to consider the matter again next week; the chair said the committee could revisit the bill and run scheduled hearings to accommodate out‑of‑town witnesses.