AB 38 — Crimes: serious and violent felonies.
Last action — From committee: Filed with the Chief Clerk pursuant to Joint Rule 56.
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✓Introduced
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2In Committee
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3Passed Assembly
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4Passed Senate
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5To Executive
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6Enacted
This bill is in committee in the Assembly. Introduced December 02, 2024. It must pass committee before a floor vote.
Next likely step: a committee vote, then a floor vote in the Assembly.
Prognosis
Where this bill stands today.
Odds of enactment
LowHow often bills like it became law.
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In Committee
Current position in the legislative process.
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1 sponsor
1 primary, 0 co-sponsors signed on.
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Single-party support
Sponsorship is currently within one party (1 R).
Prognosis reads this bill's own signals — stage, sponsorship breadth, committee status, recorded votes and cross-state momentum. Odds come from a model trained on which bills have become law.
Summary
Existing law classifies certain criminal offenses as a "violent felony" for the purposes of various provisions of the Penal Code, including sentencing enhancements for prior convictions, as well as numerous other provisions. Existing law includes among the list of violent felonies rape accomplished against a person's will by means of force, violence, duress, menace, or fear, or rape accomplished against the victim's will by threat of violent retaliation, but does not include rape of a person unable to give consent due to disability, rape under false pretenses, or rape accomplished by threat of incarceration, arrest, or deportation. This bill would also include specified crimes involving the rape or sexual assault of a minor who has a developmental disability in the list of violent felonies. By expanding the scope of an enhancement, 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.
Bill Text
What changed in the latest version
1 added · 1 removedPlain-language change summary
The amendments made to Bill AB 38 include the addition of new wording to clarify its intent, while some unclear or redundant language has been removed. This change is important because it makes the bill easier to understand and ensures that its purpose is more straightforward. Clear language helps lawmakers, stakeholders, and the public better grasp what the bill aims to accomplish and why it matters.
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View plain text versions (2)
- Introduced 12/02/24 - Introduced Current pdf December 02, 2024
- AB38 View text html
Action History
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From committee: Filed with the Chief Clerk pursuant to Joint Rule 56.
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Died pursuant to Art. IV, Sec. 10(c) of the Constitution.
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In committee: Set, first hearing. Hearing canceled at the request of author.
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Referred to Com. on PUB. S.
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From printer. May be heard in committee January 2.
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Read first time. To print.
Sponsors
- Tom Lackey · Primary
Sponsorship breakdown
Export CSV (upgrade) →1 sponsors · 0 co-sponsors · 121 not signed on
Sponsors (1)
- Lackey, Tom Republican
Co-sponsors (0)
None.
Not signed on (121)
121 members have not signed on to this bill.
Show all 121 →"Not signed on" means a member has not sponsored or co-sponsored this bill — it does not imply opposition. Members flagged Voted No have a recorded No vote on this bill.
Subjects
Frequently asked questions
- What does AB 38 do?
- Existing law classifies certain criminal offenses as a "violent felony" for the purposes of various provisions of the Penal Code, including sentencing enhancements for prior convictions, as well as numerous other provisions. Existing law includes among the list of violent felonies rape accomplished against a person's will by means of force, violence, duress, menace, or fear, or rape accomplished against the victim's will by threat of violent retaliation, but does not include rape of a person unable to give consent due to disability, rape under false pretenses, or rape accomplished by threat of incarceration, arrest, or deportation. This bill would also include specified crimes involving the rape or sexual assault of a minor who has a developmental disability in the list of violent felonies. By expanding the scope of an enhancement, 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.
- Who sponsors AB 38?
- AB 38 is sponsored by Lackey, Tom (Republican).
- What is the current status of AB 38?
- This bill is in committee in the Assembly. Introduced December 02, 2024. It must pass committee before a floor vote.
- Where can I track AB 38?
- Track AB 38 free on One Click Politics — get push/email alerts when it moves.
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