The San Francisco Public Defender’s Office, along with Californians for Safety and Justice—co-sponsors of AB 321, the Better Informed Decisions (BID) Act—are celebrating that California Gov. Gavin Newsom signed AB 321 into law on Saturday, Oct. 11, 2025. This bill, authored by Assemblymember Nick Schultz (D-Burbank), ensures that judges in the state’s criminal courts have more of an opportunity to review evidence during the course of a case to make better-informed decisions on whether a charge will move forward as a misdemeanor or a felony.
“Individuals often are overcharged or mischarged at the start of a case based on limited information from police reports,” said elected 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.”
The BID Act Enhances Fairness
In criminal law, certain offenses—known as “wobblers”—can be classified as either misdemeanors or felonies. Currently, judges must make a final decision on whether a charge will move forward as a felony or a misdemeanor near the very beginning of a case (at the preliminary hearing stage) or at the very end of a case (if a person has entered a guilty plea). At the beginning stages of a criminal case, only a limited amount of information has been gathered about the alleged crime that a person is accused of committing. The BID Act is a simple amendment to the state’s Penal Code §17(b) that removes the time restriction and permits judges to re-classify wobblers as more evidence comes to light, any time before trial.
“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 BID Act Reduces Waste
The BID Act, which will take effect on Jan. 1, 2026, will improve court efficiency and save public funds. Misdemeanor trials usually last a few days, while felony trials can take weeks or even months, depending on the complexity of the case. Expending court resources for felony-level trials on cases that should be misdemeanors is wasteful. This new law will help ensure that the amount of public resources spent is proportionate to the severity and complexity of each case.
A misdemeanor in California involves punishment of up to 364 days in county jail. A felony, on the other hand, can entail a prison sentence, a “strike” on a person’s record, stricter supervision after release, fewer employment options, and greater stigma. For immigrants and refugees, classifying wobblers correctly is especially consequential. In general, felony convictions trigger harsher penalties, such as mandatory detention, deportation, and permanent separation from loved ones.
Here is an infographic that can be used to help readers understand what the BID Act will do:
This graphic is available for download here.
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