AB 1396: Crimes: sexual assault.

California · Assembly · 2025–2026 Regular Session · last verified February 3, 2026

What AB 1396 does, verified February 3, 2026

This bill aims to amend the penal code to increase penalties for assault with the intent to commit specific serious crimes, such as rape and sodomy, when committed against vulnerable individuals, including those under 18 years old and dependent persons in the care of a caretaker or adult. The bill would impose a state-mandated local program to address these crimes. The California Constitution requires the state to reimburse local agencies and school districts for certain costs mandated by the state. However, this bill would exempt it from providing reimbursement for a specific reason.

Bill journey

✓IntroducedComplete

2In CommitteeCurrent

3First Chamber FloorPending

4Second ChamberPending

5GovernorPending

6ChapteredPending

Last action: From committee: Filed with the Chief Clerk pursuant to Joint Rule 56. (2026-02-02)Alert me

Author and sponsors

Asm. Alexandra MacedoAuthor · California State Assembly

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Recent actions11 total · showing 5

Feb. 02, 2026	From committee: Filed with the Chief Clerk pursuant to Joint Rule 56.
Jan. 31, 2026	Died pursuant to Art. IV, Sec. 10(c) of the Constitution.
May. 23, 2025	In committee: Held under submission.
May. 07, 2025	In committee: Set, first hearing. Referred to APPR. suspense file.
Apr. 29, 2025	Re-referred to Com. on APPR.

Full action history, 6 earlier actionsConnect Plus

Latest bill textAmended version, April 28, 2025 · 612 words

Amended IN Assembly April 28, 2025

CALIFORNIA LEGISLATURE— 2025–2026 REGULAR SESSION

Assembly Bill

No. 1396

Introduced by Assembly Member Macedo

February 21, 2025

An act to amend Section 220 of the Penal Code, relating to crimes.

LEGISLATIVE COUNSEL'S DIGEST

AB 1396, as amended, Macedo. Crimes: sexual assault.

Existing law provides that, except as specified, a person who assaults another with the intent to commit, among other things, mayhem, rape, sodomy, or oral copulation, shall be punished by imprisonment in the state prison for 2, 4, or 6 years. Existing law provides that a person who commits those offenses against a person under 18 years of age shall be punished by imprisonment for 5, 7, or 9 years.

This bill would additionally punish assault with the intent to commit those specified offenses when committed against a dependent person, as defined, by a caretaker or other adult who has care or custody of the dependent person, if the caretaker or other adult knows or should reasonably know that the victim is a dependent person, with imprisonment for 5, 7, or 9 years. By expanding the definition of a crime, 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.

Vote: MAJORITY Appropriation: NO Fiscal Committee: YES Local Program: YES

The people of the State of California do enact as follows:

SECTION 1.

Section 220 of the Penal Code is amended to read:

220.

(a) (1) Except as provided in subdivision (b), any person who assaults another with intent to commit mayhem, rape, sodomy, oral copulation, or any violation of Section 264.1, 288, or 289 shall be punished by imprisonment in the state prison for two, four, or six years.

(2) Except as provided in subdivision (b), any person who assaults another person under 18 years of ~~age, or a dependent person,~~ age with the intent to commit rape, sodomy, oral copulation, or any violation of Section 264.1, 288, or 289 shall be punished by imprisonment in the state prison for five, seven, or nine years.

(3) Except as provided in subdivision (b), any person who is a caretaker or other adult who has care or custody of a dependent person who assaults that dependent person with the intent to commit rape, sodomy, oral copulation, or any violation of Section 264.1, 288, or 289 and who knows or should reasonably know that the victim is a dependent person shall be punished by imprisonment in the state prison for five, seven, or nine years.

(b) Any person who, in the commission of a burglary of the first degree, as defined in subdivision (a) of Section 460, assaults another with intent to commit rape, sodomy, oral copulation, or any violation of Section 264.1, 288, or 289 shall be punished by imprisonment in the state prison for life with the possibility of parole.

SEC. 2.

No reimbursement is required by this act pursuant to Section 6 of Article XIII B of the California Constitution because the only costs that may be incurred by a local agency or school district will be incurred because this act creates a new crime or infraction, eliminates a crime or infraction, or changes the penalty for a crime or infraction, within the meaning of Section 17556 of the Government Code, or changes the definition of a crime within the meaning of Section 6 of Article XIII B of the California Constitution.

Text of AB 1396 as amended, from the official record. Connect Plus keeps every version and highlights what changed.Compare versions