AB 38 California Assembly · 2025-2026 Regular Session

Crimes: serious and violent felonies.

Summary
Existing law classifies certain criminal offenses as a "violent felony" for the purposes of various provisions of the Penal Code, including sentencing enhancements for prior convictions, as well as numerous other provisions. Existing law includes among the list of violent felonies rape accomplished against a person's will by means of force, violence, duress, menace, or fear, or rape accomplished against the victim's will by threat of violent retaliation, but does not include rape of a person unable to give consent due to disability, rape under false pretenses, or rape accomplished by threat of incarceration, arrest, or deportation. This bill would also include specified crimes involving the rape or sexual assault of a minor who has a developmental disability in the list of violent felonies. By expanding the scope of an enhancement, this bill would impose 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
Dec 2024
Committee Review
Floor Vote
Governor
Introduced Dec 2, 2024 Last action Feb 2, 2026
Maddy AI version diff · 1 comparison

What changed between versions

12/02/24 - Introduced AB38 · 4 edits
MODERATE
No substantive policy changes occurred between these two versions of AB 38. The diff reflects a reformatting of the bill text as displayed on the California legislature's website, including changes to navigation elements, layout structure, and presentation formatting. The actual legal text of Section 667.5 and Section 2 is identical in both versions.
TECHNICAL

Website navigation elements (skip to content, home, accessibility, FAQ, feedback, sitemap, login, Quick Search, Bill Number, Bill Keyword, etc.) were added to the page layout.

The bill text formatting changed from a line-numbered layout to a paragraph-based layout without line numbers.

The legislative counsel's digest was reformatted with capitalized values (e.g., 'MAJORITY' instead of 'majority') and a 'Digest Key' section header was added.

A publication timestamp ('Date Published: 12/02/2024 09:00 PM') and document marker ('AB38:v99#DOCUMENTBill Start') were added to the page.

Floor votes

How they voted

No floor votes recorded yet.
Full legislative history

Actions timeline

Total actions
6
Key actions
3
Committee
4
Feb 2, 2026
Lower · Passed
From committee: Filed with the Chief Clerk pursuant to Joint Rule 56.
lower
Mar 20, 2025
Lower · Passed
In committee: Set, first hearing. Hearing canceled at the request of author.
lower
Feb 3, 2025
Committee
Referred to Com. on PUB. S.
lower
Dec 3, 2024
Lower · Passed
From printer. May be heard in committee January 2.
lower
1 primary · 0 co-sponsors

Sponsors

Role
Legislator
Party
State
District
P
Photo of Tom Lackey
Tom Lackey
RRepublican
CA
34