Assembly BillIntroducedPenal
AB 1538: Crimes: corruption.
What AB 1538 does, verified May 16, 2026
This bill adds a new crime to the penal code that prohibits elected or appointed officials from retaliating against individuals for exercising their constitutionally protected rights. The crime is punishable by forfeiture of office, with certain exceptions for hiring or personnel decisions. The bill creates a new state-mandated local program. The bill also specifies that no reimbursement is required for the costs associated with implementing this new crime.
Bill journey
1IntroducedCurrent
2In CommitteePending
3First Chamber FloorPending
4Second ChamberPending
5GovernorPending
6ChapteredPending
Last action: In committee: Held under submission. (2026-05-14)Alert me
Author and sponsors
Full contact details, staff, and committees with Connect, $16/moUnlockRecent actions12 total · showing 5
| May. 14, 2026 | In committee: Held under submission. |
| Apr. 08, 2026 | In committee: Set, first hearing. Referred to APPR. suspense file. |
| Apr. 06, 2026 | Re-referred to Com. on APPR. |
| Mar. 26, 2026 | Read second time and amended. |
| Mar. 25, 2026 | From committee: Amend, and do pass as amended and re-refer to Com. on APPR. (Ayes 8. Noes 0.) (March 24). |
Latest bill textAmended version, March 26, 2026 · 601 words
| Amended IN Assembly March 26, 2026 |
| Amended IN Assembly March 17, 2026 |
CALIFORNIA LEGISLATURE— 2025–2026 REGULAR SESSION
Assembly Bill
No. 1538
| Introduced by Assembly Member Krell (Coauthors: Assembly Members Ahrens, Lee, Macedo, Quirk-Silva, Blanca Rubio, and Wilson) |
January 05, 2026 |
An act to add Section 177 to the Penal Code, relating to crimes.
LEGISLATIVE COUNSEL'S DIGEST
AB 1538, as amended, Krell. Crimes: corruption.
Existing law makes it a misdemeanor to, by force or threat of force, willfully injure, intimidate, interfere with, oppress, or threaten another person in the free exercise or enjoyment of a right or privilege secured by the Constitution or laws of this state or by the Constitution or laws of the United States States, in whole or in part part, because of one or more of specified actual or perceived characteristics of the victim, including disability, gender, religion, race, or sexual orientation.
This bill would make it a crime for an elected or appointed official, under color of authority, to retaliate or exert political retribution, as defined, against a person for exercising a constitutionally protected right. The bill would make a violation of this crime punishable by forfeiture of office and disqualification from holding any office in this state or a political subdivision thereof. office. The bill would specify that these provisions do not apply to the hiring or personnel decisions of elected or appointed officials that are relative to an employee or prospective employee of that elected or appointed official. By creating a new crime, the 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.
The people of the State of California do enact as follows:
SECTION 1.
Section 177 is added to the Penal Code, to read:177.
(a) It is unlawful for an elected or appointed official, under color of authority, to retaliate or exert political retribution against a person for exercising a state or federal constitutional right, with the intent to suppress another from continuing to exercise a state or federal constitutional right.(b) A violation of this section is punishable by forfeiture of office and disqualification from holding any office in this state or a political subdivision thereof. office.
(c) For purposes of this section, the following shall apply:
(1) “Retaliation” means intentionally engaging in acts of reprisal, threats, coercion, or similar acts against another, including organizations.
(2) “Political retribution” means intentionally using governmental or institutional authority to engage in acts of reprisal, threats, coercion, or similar acts against another, including organizations.
(d) This section does not apply to the hiring or personnel decisions of an elected or appointed official relative to an employee or prospective employee of that elected or appointed official. This section does not remove any protection or recourse available for an employee or prospective employee to remedy a wrongful employment action.
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 1538 as amended, from the official record. Connect Plus keeps every version and highlights what changed.Compare versions