Assembly BillChaptered/SignedPenal
AB 535: Threatening a witness: assisting a prosecution.
What AB 535 does, verified December 13, 2025
This bill aims to clarify a crime related to threatening a witness in a prosecution. It makes it a violation to prevent or dissuade a witness or victim from seeking a complaint, indictment, or information, or to assist in the prosecution of the case. The bill would expand the scope of a crime to include both the act of preventing or dissuading the witness and the act of assisting in the prosecution. This change would require a state-mandated local program. The bill also makes some non-substantive changes and includes provisions for reimbursement of local agencies and school districts.
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Last action: Chaptered by Secretary of State - Chapter 373, Statutes of 2025. (2025-10-06)Alert me
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| Oct. 06, 2025 | Chaptered by Secretary of State - Chapter 373, Statutes of 2025. |
| Oct. 06, 2025 | Approved by the Governor. |
| Sep. 15, 2025 | Enrolled and presented to the Governor at 4:30 p.m. |
| Sep. 08, 2025 | In Assembly. Ordered to Engrossing and Enrolling. |
| Sep. 08, 2025 | Read third time. Passed. Ordered to the Assembly. (Ayes 39. Noes 0. Page 2613.). |
Latest bill textChaptered version, October 6, 2025 · 885 words
Assembly Bill No. 535
CHAPTER 373
An act to amend Section 136.1 of the Penal Code, relating to crimes.
[ Approved by Governor October 06, 2025. Filed with Secretary of State October 06, 2025. ]
LEGISLATIVE COUNSEL'S DIGEST
AB 535, Schiavo. Threatening a witness: assisting a prosecution.
Existing law makes it a crime to knowingly and maliciously prevent or dissuade, or attempt to prevent or dissuade, a witness or victim from causing a complaint, indictment, information, or probation or parole violation to be sought and prosecuted, and assisting in the prosecution thereof.
This bill would clarify that it is a violation of the offense described above to prevent or dissuade, or attempt to prevent or dissuade, a witness or victim from either causing a complaint, indictment, information, or probation or parole violation to be sought and prosecuted, or assisting in the prosecution thereof. By expanding the scope of a crime, this bill would impose a state-mandated local program.
This bill would also make other technical, nonsubstantive changes.
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 136.1 of the Penal Code is amended to read:136.1.
(a) Except as provided in subdivision (c), a person who does any of the following is guilty of a public offense and shall be punished by imprisonment in a county jail for not more than one year or in the state prison:(1) Knowingly and maliciously prevents or dissuades a witness or victim from attending or giving testimony at a trial, proceeding, or inquiry authorized by law.
(2) Knowingly and maliciously attempts to prevent or dissuade a witness or victim from attending or giving testimony at a trial, proceeding, or inquiry authorized by law.
(3) For purposes of this section, evidence that the defendant was a family member who interceded in an effort to protect the witness or victim shall create a presumption that the act was without malice.
(b) Except as provided in subdivision (c), a person who attempts to prevent or dissuade another person who has been the victim of a crime or who is witness to a crime from doing any of the following is guilty of a public offense and shall be punished by imprisonment in a county jail for not more than one year or in the state prison:
(1) Making a report of that victimization to a peace officer, a state or local law enforcement officer, a probation, parole, or correctional officer, a prosecuting agency, or a judge.
(2) Causing a complaint, indictment, information, or probation or parole violation to be sought and prosecuted, or assisting in the prosecution thereof.
(3) Arresting or causing or seeking the arrest of a person in connection with that victimization.
(c) A person doing any of the acts described in subdivision (a) or (b) knowingly and maliciously under any one or more of the following circumstances, is guilty of a felony punishable by imprisonment in the state prison for two, three, or four years under any of the following circumstances:
(1) If the act is accompanied by force or by an express or implied threat of force or violence, upon a witness, victim, or any third person or the property of a victim, witness, or any third person.
(2) If the act is in furtherance of a conspiracy.
(3) If the act is committed by a person who has been convicted of a violation of this section, a predecessor law, a federal statute, or a statute of any other state that, if the act prosecuted was committed in this state, would be a violation of this section.
(4) If the act is committed by a person for pecuniary gain or for any other consideration acting upon the request of any other person. All parties to the transaction are guilty of a felony.
(d) A person attempting the commission of an act described in subdivision (a), (b), or (c) is guilty of the offense attempted without regard to success or failure of the attempt. The fact that no person was injured physically, or in fact intimidated, is not a defense against prosecution under this section.
(e) This section does not preclude the imposition of an enhancement for great bodily injury if the injury inflicted is significant or substantial.
(f) The use of force during the commission of an offense described in subdivision (c) shall be considered a circumstance in aggravation of the crime in imposing a term of imprisonment under subdivision (b) of Section 1170.
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 535 as chaptered, from the official record. Connect Plus keeps every version and highlights what changed.Compare versions