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Assembly passes AB 321 to allow judges to revisit "wobbler" charging decisions
Summary
The California State Assembly on March 6 passed AB 321, the Better Informed Decisions Act, by a 46-5 vote. The bill would allow judges to review prosecutorial charging decisions in "wobbler" cases at any stage of proceedings; supporters said it improves fairness, while opponents argued it undermines prosecutors and voter mandates.
The California State Assembly passed AB 321, the Better Informed Decisions Act, on March 6, 2025, by a vote of 46-5. The bill would allow a court to review a prosecutor’s charging decision in cases classified as "wobblers"—offenses that can be charged as either felonies or misdemeanors—at any stage of the proceedings.
Supporters said the change is designed to let judges consider new evidence that may surface after a preliminary hearing. "The Better Informed Decisions Act does not add to the courts any power that they do not already possess, but what it does do is give the courts the ability to review that prosecuting decision at any stage of the proceeding," said Assemblymember…
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