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    AB-38
    Justice & Public Safety

    Crimes: serious and violent felonies.

    Introduced
    CA
    ∙
    2025-2026 Regular Session
    0
    0
    Track
    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
    Read first time. To print.
    Assembly Floor
    Read first time. To print.
    Read first time. To print.

    Contacts

    Profile
    Tom LackeyR
    Assemblymember
    Bill Author
    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
    Bill Author
    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
    Read first time. To print.
    Assembly Floor
    Read first time. To print.
    Read first time. To print.

    Contacts

    Profile
    Tom LackeyR
    Assemblymember
    Bill Author
    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
    Bill Author
    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