AB-38
Justice & Public Safety

Crimes: serious and violent felonies.

Introduced
CA
2025-2026 Regular Session
0
0
Track

Key Takeaways

  • Expands the definition of violent felonies to include sexual assault of minors with developmental disabilities, strengthening protections for vulnerable victims.
  • Imposes three-year prison term enhancements for each prior violent felony conviction when new violent crimes are committed.
  • Requires one-year consecutive sentences for prior sexually violent offense convictions, unless offender remains crime-free for five years.

Summary

Assembly Member Lackey's proposal to amend California's violent felony classifications would add sexual offenses against minors with developmental disabilities to the state's list of violent felonies, expanding the scope of crimes subject to enhanced sentencing provisions under the Penal Code.

The amendment modifies Section 667.5, which currently imposes additional prison terms for new offenses when defendants have prior violent felony convictions. Under existing provisions, courts must add three-year terms for each prior violent felony conviction, provided the defendant has not remained free of both prison custody and new felony convictions for 10 years. The law also mandates one-year terms for prior sexually violent offense convictions, with a five-year clean record exception.

The bill maintains the current framework of sentencing enhancements while expanding the definition of violent felonies to include specified rape and sexual assault crimes against minors with developmental disabilities. This addition places these offenses in the same category as existing violent felonies such as murder, mayhem, robbery, and arson. The classification applies to cases where the victim's developmental disability status is specifically pleaded and proved.

While creating a state-mandated local program through this expansion of enhancement criteria, the legislation specifies that no state reimbursement will be required for local agencies and school districts. This determination stems from the bill's nature as a modification to crime definitions and penalties under California's constitutional provisions regarding state mandates.

Key Dates

Next Step
Referred to the Assembly Standing Committee on Public Safety
Next Step
Assembly Committee
Referred to the Assembly Standing Committee on Public Safety
Hearing has not been scheduled yet
Introduced
Assembly Floor
Introduced
Read first time. To print.

Contacts

Profile
Tom LackeyR
Assemblymember
Committee Member
Not Contacted
Not Contacted
Profile
James RamosD
Assemblymember
Committee Member
Not Contacted
Not Contacted
Profile
Matt HaneyD
Assemblymember
Committee Member
Not Contacted
Not Contacted
Profile
Juan AlanisR
Assemblymember
Committee Member
Not Contacted
Not Contacted
Profile
Stephanie NguyenD
Assemblymember
Committee Member
Not Contacted
Not Contacted
0 of 9 row(s) selected.
Page 1 of 2
Select All Legislators
Profile
Tom LackeyR
Assemblymember
Committee Member
Profile
James RamosD
Assemblymember
Committee Member
Profile
Matt HaneyD
Assemblymember
Committee Member
Profile
Juan AlanisR
Assemblymember
Committee Member
Profile
Stephanie NguyenD
Assemblymember
Committee Member
Profile
Mark GonzalezD
Assemblymember
Committee Member
Profile
John HarabedianD
Assemblymember
Committee Member
Profile
Nick SchultzD
Assemblymember
Committee Member
Profile
LaShae Sharp-CollinsD
Assemblymember
Committee Member

Get Involved

Act Now!

Email the authors or create an email template to send to all relevant legislators.

Introduced By

Tom Lackey
Tom LackeyR
California State Assembly Member
10% progression
Bill has been formally introduced and read for the first time in its house of origin (12/2/2024)

Key Takeaways

  • Expands the definition of violent felonies to include sexual assault of minors with developmental disabilities, strengthening protections for vulnerable victims.
  • Imposes three-year prison term enhancements for each prior violent felony conviction when new violent crimes are committed.
  • Requires one-year consecutive sentences for prior sexually violent offense convictions, unless offender remains crime-free for five years.

Get Involved

Act Now!

Email the authors or create an email template to send to all relevant legislators.

Introduced By

Tom Lackey
Tom LackeyR
California State Assembly Member

Summary

Assembly Member Lackey's proposal to amend California's violent felony classifications would add sexual offenses against minors with developmental disabilities to the state's list of violent felonies, expanding the scope of crimes subject to enhanced sentencing provisions under the Penal Code.

The amendment modifies Section 667.5, which currently imposes additional prison terms for new offenses when defendants have prior violent felony convictions. Under existing provisions, courts must add three-year terms for each prior violent felony conviction, provided the defendant has not remained free of both prison custody and new felony convictions for 10 years. The law also mandates one-year terms for prior sexually violent offense convictions, with a five-year clean record exception.

The bill maintains the current framework of sentencing enhancements while expanding the definition of violent felonies to include specified rape and sexual assault crimes against minors with developmental disabilities. This addition places these offenses in the same category as existing violent felonies such as murder, mayhem, robbery, and arson. The classification applies to cases where the victim's developmental disability status is specifically pleaded and proved.

While creating a state-mandated local program through this expansion of enhancement criteria, the legislation specifies that no state reimbursement will be required for local agencies and school districts. This determination stems from the bill's nature as a modification to crime definitions and penalties under California's constitutional provisions regarding state mandates.

10% progression
Bill has been formally introduced and read for the first time in its house of origin (12/2/2024)

Key Dates

Next Step
Referred to the Assembly Standing Committee on Public Safety
Next Step
Assembly Committee
Referred to the Assembly Standing Committee on Public Safety
Hearing has not been scheduled yet
Introduced
Assembly Floor
Introduced
Read first time. To print.

Contacts

Profile
Tom LackeyR
Assemblymember
Committee Member
Not Contacted
Not Contacted
Profile
James RamosD
Assemblymember
Committee Member
Not Contacted
Not Contacted
Profile
Matt HaneyD
Assemblymember
Committee Member
Not Contacted
Not Contacted
Profile
Juan AlanisR
Assemblymember
Committee Member
Not Contacted
Not Contacted
Profile
Stephanie NguyenD
Assemblymember
Committee Member
Not Contacted
Not Contacted
0 of 9 row(s) selected.
Page 1 of 2
Select All Legislators
Profile
Tom LackeyR
Assemblymember
Committee Member
Profile
James RamosD
Assemblymember
Committee Member
Profile
Matt HaneyD
Assemblymember
Committee Member
Profile
Juan AlanisR
Assemblymember
Committee Member
Profile
Stephanie NguyenD
Assemblymember
Committee Member
Profile
Mark GonzalezD
Assemblymember
Committee Member
Profile
John HarabedianD
Assemblymember
Committee Member
Profile
Nick SchultzD
Assemblymember
Committee Member
Profile
LaShae Sharp-CollinsD
Assemblymember
Committee Member