AB 1333 California Assembly · 2025-2026 Regular Session

Crimes: homicide.

Summary
Existing law defines homicide as the unlawful killing of a human being, or a fetus, with or without malice aforethought, as specified. Existing law establishes certain circumstances in which homicide is justifiable, as specified. Existing law makes homicide justifiable when attempting to lawfully suppress a riot or to keep the peace, as specified. This bill would eliminate that provision. The bill would also specify certain circumstances in which homicide is not justifiable, including when a person was outside their habitation or property and did not retreat when they could have safely done so, when a person used more force than a reasonable person would to defend against a danger, and when the person was the initial aggressor. However, the bill would specify that homicide is justifiable if the initial aggressor actually and in good faith tried to stop fighting and indicated they wanted to and tried to stop fighting, as specified, or, in cases of mutual combat, the initial aggressor gave the opponent an opportunity to stop fighting. By expanding the scope of the crime of homicide, this bill would create a state-mandated local program. The California Constitution requires the state to reimburse local agencies and school districts for certain costs mandated by the state. Statutory provisions establish procedures for making that reimbursement. This bill would provide that no reimbursement is required by this act for a specified reason.
Bill status failed 1 of 4 stages cleared
Introduction
Feb 2025
Committee Review
Floor Vote
Governor
Introduced Feb 21, 2025 Last action Feb 2, 2026
Maddy AI version diff · 2 comparisons

What changed between versions

02/21/25 - Introduced 03/13/25 - Amended Assembly · 8 edits · Mar 13, 2025
MODERATE
The amended version of AB 1333 makes several substantive changes to California's justifiable homicide statute (Penal Code Section 197). It eliminates the provision that made homicide justifiable when lawfully suppressing a riot or keeping the peace, narrows the 'assailant' standard to 'initial aggressor,' adds a new subsection explicitly preserving the Castle Doctrine presumption under Section 198.5, and refines the force-necessity and retreat requirements with more specific language.
SCOPE

Eliminated subsection (a)(4), which had made homicide justifiable when necessarily committed in lawfully suppressing a riot or keeping and preserving the peace. This removes a broad justification that could have applied to police and private citizens alike.

Expanded subsection (b)(1) retreat requirement from applying when 'outside of their residence' to 'outside of their residence or property,' broadening the situations in which a person must retreat before using deadly force.

REQUIREMENT

Added new subsection (c) stating that nothing in Section 197 alters the presumption set forth in Section 198.5 in favor of one who uses deadly force against an intruder within their residence. This explicitly preserves the Castle Doctrine from being undermined by the bill's other changes.

Rewrote exception (A) in subsection (b)(3): instead of requiring the person to have 'reasonably believed they were in imminent danger and exhausted every reasonable means to escape,' it now requires that 'the initial aggressor actually and in good faith tried to stop fighting and indicated to the opponent, by word or by conduct and in a way that a reasonable person would understand, that the initial aggressor wanted to stop fighting and had stopped fighting.'

Rewrote exception (B) in subsection (b)(3): instead of requiring the person to have 'withdrew from the encounter and indicated clearly they desired to withdraw,' it now states 'in cases of mutual combat, the initial aggressor gave the opponent an opportunity to stop fighting.' This is a shorter, less demanding standard.

Refined subsection (b)(2) force-necessity standard from 'more force than was reasonably necessary to defend against a danger' to 'more force than was reasonably necessary to defend against an imminent danger of being killed or suffering great bodily injury than a reasonable person would believe is necessary in the same situation,' adding specificity about the type of danger and anchoring it to a reasonable person standard.

DEFINITION

Changed the standard in subsection (b)(3) from 'the person was the assailant, engaged in mutual combat, or knowingly engaged in conduct reasonably likely to provoke' to 'the person was the initial aggressor.' This narrows the category of people who lose the justifiable homicide defense.

TECHNICAL

Removed the retreat/withdrawal requirement from subsection (a)(3) (lawful defense of self or others). The original required that if the person was the assailant or engaged in mutual combat, they 'must really and in good faith have endeavored to decline any further struggle before the homicide was committed.' This is now handled exclusively through subsection (b)(3) instead.

Floor votes

How they voted

No floor votes recorded yet.
Full legislative history

Actions timeline

Total actions
8
Key actions
2
Committee
4
Amendments
1
Feb 2, 2026
Lower · Passed
From committee: Filed with the Chief Clerk pursuant to Joint Rule 56.
lower
Mar 17, 2025
Committee
Re-referred to Com. on PUB. S.
lower
Mar 13, 2025
Introduced
From committee chair, with author's amendments: Amend, and re-refer to Com. on PUB. S. Read second time and amended.
lower
Mar 13, 2025
Committee
Referred to Com. on PUB. S.
lower
Feb 22, 2025
Lower · Passed
From printer. May be heard in committee March 24.
lower
Feb 21, 2025
Introduced
Introduced. To print.
lower
1 primary · 0 co-sponsors

Sponsors

Role
Legislator
Party
State
District
P
Photo of Rick Zbur
Rick Zbur
DDemocratic
CA
51