Assembly passes AB 321 to allow judges to revisit "wobbler" charging decisions

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 Rebecca Schultz, the bill’s author.

Schultz framed the measure as a correction to modern court practice: she said evidence such as digital forensics can appear after preliminary hearings and that the bill simply allows judges to account for that additional evidence when deciding whether a wobbler should be reduced. "At a time when we all should be concerned about due process and the weaponization of prosecution, I think that something like the Better Informed Decisions Act is exactly what we need right now to promote accountability and transparency in our justice system," Schultz said.

Opponents said the bill would undercut prosecutors and conflict with the preferences expressed by voters. "California voters literally just voted in the November election to indicate their desire that they do not want to see us watered down felonies to misdemeanors," said Assemblymember Kevin DeMaio, who urged colleagues to vote no, arguing the measure would allow judges to "undercut a prosecutor's case" in mid‑proceeding.

Other supporters on the floor, including Assemblymember Ash Kalra and Assemblymember Tasha Harbidian, said the bill merely expands judicial discretion to consider evidence developed after preliminary hearings. "That's all this does. It has nothing to do with ballot initiatives," Kalra said. Harbidian, a former prosecutor, said the measure was studied in committee and passed that panel unanimously: "All we're doing is making sure that it is fair, it's equitable, and it's evidence based."

Assemblymember Brian (first name recorded as Brian) noted the bill moved out of the Public Safety Committee with unanimous support and said it had backing from both prosecutors and public defenders in committee. In closing, Schultz said none of the state's elected district attorneys had contacted her opposing the bill and committed to meet with them "should this bill move to the Senate." The measure now proceeds to the Senate.

Votes at a glance: The clerk recorded a final tally of Ayes 46, Noes 5, and the Assembly announced "the measure passes."