- “Allowing judges to review new information and new circumstances that have come to light at a later stage in a case will lead to greater efficiency and fairness for everyone.” – San Francisco Public Defender Mano Raju
By Vanguard Saff
SAN FRANCISCO – The San Francisco Public Defender’s Office and Californians for Safety and Justice are celebrating the signing of Assembly Bill 321, the Better Informed Decisions (BID) Act, into law by Governor Gavin Newsom on Saturday, Oct. 11, 2025.
The bill, authored by Assemblymember Nick Schultz (D-Burbank) and co-sponsored by both organizations, ensures that judges in California’s criminal courts have greater opportunity to review evidence as cases develop, allowing them to make better-informed decisions on whether charges should proceed as misdemeanors or felonies.
“Individuals often are overcharged or mischarged at the start of a case based on limited information from police reports,” said San Francisco Public Defender Mano Raju. “Allowing judges to review new information and new circumstances that have come to light at a later stage in a case will lead to greater efficiency and fairness for everyone. The BID Act will reduce unjust outcomes and save taxpayer resources.”
Under current law, certain offenses known as “wobblers” can be charged as either misdemeanors or felonies. Judges must typically decide how to classify these offenses early in a case, often at the preliminary hearing, or much later if a person enters a guilty plea. At the early stages, evidence is often limited, creating a risk of misclassification.
The BID Act amends Penal Code §17(b) to remove the time restriction and permit judges to reclassify wobblers at any point before trial as new evidence becomes available. Supporters say this change will enhance fairness, prevent unnecessary harm, and make the justice process more responsive to the facts of each case.
“Giving judges every opportunity to make sure a person is appropriately charged before going to trial not only ensures basic fairness but also prevents individuals, families, and entire communities from being needlessly destabilized,” said Tinisch Hollins, executive director of Californians for Safety and Justice. “If an accused person is facing a felony charge, they are more likely to be held in custody pending trial, which can result in the loss of employment, housing, and custody of children, making us all less safe.”
The law, which will take effect on Jan. 1, 2026, is also expected to improve efficiency and save public funds. Misdemeanor trials generally last a few days, while felony trials can take weeks or months, depending on the case’s complexity. Advocates say the BID Act will help ensure that public resources are used proportionately to the seriousness of each case.
In California, misdemeanors are punishable by up to 364 days in county jail, while felonies can lead to state prison sentences, “strikes” under the Three Strikes law, stricter post-release supervision, and long-term barriers to employment and housing.
For immigrants and refugees, the stakes are even higher. Felony convictions can trigger mandatory detention, deportation, and permanent separation from families.
Supporters of the BID Act say it represents a practical reform aimed at reducing waste, protecting fairness, and ensuring that charges reflect the facts rather than initial assumptions.
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