AB 1955: Crimes: firearm enhancements.
This bill would amend the Penal Code to prohibit the application of firearm enhancements to peace officers, unless the use or discharge of the firearm did not arise out of and was not in the course of employment. The burden of proof would be on the prosecution to show that the firearm enhancements apply to a peace officer. The bill would define what "arise out of and in the course of employment" means for these purposes. This change would create a state-mandated local program, placing a duty on local prosecutors to prove the application of firearm enhancements. The bill would also provide that no reimbursement is required for this act.
| Mar. 18, 2026 | In committee: Set, second hearing. Hearing canceled at the request of author. |
| Mar. 17, 2026 | In committee: Set, first hearing. Hearing canceled at the request of author. |
| Mar. 10, 2026 | Re-referred to Com. on PUB. S. |
| Mar. 09, 2026 | From committee chair, with author's amendments: Amend, and re-refer to Com. on PUB. S. Read second time and amended. |
| Mar. 02, 2026 | Referred to Com. on PUB. S. |
| Amended IN Assembly March 09, 2026 |
| Introduced by Assembly Member Alanis |
February 13, 2026 |
LEGISLATIVE COUNSEL'S DIGEST
Existing law makes it an offense for any person, with the intent to cause, attempts to cause or causes a public officer or employee, as specified, to do or refrain from doing any act in the performance of their duties, by means of a threat to inflict an unlawful injury that is directly communicated to the person, as specified.
This bill would clarify that a threat can be directly communicated by means of an electronic communication device for the purposes of this section.
The people of the State of California do enact as follows:
SECTION 1.
Section 12022.53 of the Penal Code is amended to read:12022.53.
(a) This section applies to the following felonies: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.(a)A person who, with intent to cause, attempts to cause, or causes, any officer or employee of any public or private educational institution or any public officer or employee to do, or to refrain from doing, any act in the performance of their duties, by means of a threat, directly communicated to such person, to inflict an unlawful injury upon any person or property, and it reasonably appears to the recipient of the threat that the threat could be carried out, is guilty of a public offense punishable as follows:
(1)Upon a first conviction, such person is punishable by a fine not exceeding ten thousand dollars ($10,000), or by imprisonment pursuant to subdivision (h) of Section 1170, or in a county jail not exceeding one year, or by both that fine and imprisonment.
(2)If the person has been previously convicted of a violation of this section, the previous conviction shall be charged in the accusatory pleading, and if that previous conviction is found to be true by the jury, upon a jury trial, or by the court, upon a court trial, or is admitted by the defendant, the violation is punishable by imprisonment pursuant to subdivision (h) of Section 1170.
(b)As used in this section, “directly communicated” includes, but is not limited to, a communication to the recipient of the threat by telegraph, letter, or electronic communication device.
(c)As used in this section, “electronic communication device” has the same meaning as defined in Section 422.