California 20252026 Regular Session Status: In Committee 1 R cosponsors

AB 256 — Crimes: intoxication and firearms.

Last action — From committee: Filed with the Chief Clerk pursuant to Joint Rule 56.

  1. ✓
    Introduced
  2. 2
    In Committee
  3. 3
    Passed Assembly
  4. 4
    Passed Senate
  5. 5
    To Executive
  6. 6
    Enacted

This bill is in committee in the Assembly. Introduced January 16, 2025. It must pass committee before a floor vote.

Next likely step: a committee vote, then a floor vote in the Assembly.

Prognosis

Stalled 4% · moderate confidence

Where this bill stands today.

Odds of enactment

Low

How often bills like it became law.

  • In Committee

    Current position in the legislative process.

  • 1 sponsor

    1 primary, 0 co-sponsors signed on.

  • Single-party support

    Sponsorship is currently within one party (1 R).

  • Failed a recorded vote

    Failed 1 recorded vote so far — a real headwind.

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 imposes various sentence enhancements, consisting of additional and consecutive terms of imprisonment, including, among others, enhancements for being armed with a firearm during the commission of a felony. Existing law makes it a crime for a person to be unlawfully under the influence of cocaine, cocaine base, heroin, methamphetamine, or phencyclidine while in the immediate personal possession of a loaded, operable firearm, punishable by imprisonment in the county jail for up to one year or in the state prison for a first conviction, or in the state prison for 2, 3, or 4 years for a 2nd or subsequent conviction. This bill would create an enhancement for any person who, while armed with a firearm in the commission or attempted commission of a felony, is under the influence of a controlled substance they are prohibited from possessing, as specified. The bill would make this enhancement punishable by an additional year of imprisonment in the county jail. The bill would also authorize a search warrant to be issued when a sample of the blood of a person constitutes evidence that tends to show a violation of this enhancement, and the sample will be drawn from the person in a reasonable, medically approved manner. By creating a new 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

Action History

  1. From committee: Filed with the Chief Clerk pursuant to Joint Rule 56.

  2. Died pursuant to Art. IV, Sec. 10(c) of the Constitution.

  3. In committee: Set, first hearing. Failed passage.

  4. Re-referred to Com. on PUB. S.

  5. From committee chair, with author's amendments: Amend, and re-refer to Com. on PUB. S. Read second time and amended.

  6. Referred to Com. on PUB. S.

  7. Introduced measure version corrected.

  8. From printer. May be heard in committee February 16.

  9. Read first time. To print.

Sponsors

Sponsorship breakdown

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1 sponsors · 0 co-sponsors · 121 not signed on · 7 voted No

Sponsors (1)

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.

Whip count is in markup. Polling the chamber and every recorded vote this session. Only the first open is slow. It’s instant for you after this. Calling the roll · Tallying · Engrossing

Votes

Do pass and be re-referred to the Committee on [Appropriations]

Failed 2 Yea · 7 Nay
Party YeaNayPresentNot Voting
Republican 2000
Democratic 0700
Total 2700
% of votes cast 22%78%0%0%
How each member voted (9)
Member Party Vote
González, Mark Democratic Nay
Haney, Matt Democratic Nay
Harabedian, John Democratic Nay
Nguyen, Stephanie Democratic Nay
Ramos, James C. Democratic Nay
Schultz, Nick Democratic Nay
Sharp-Collins, LaShae Democratic Nay
Alanis, Juan Republican Yea
Lackey, Tom Republican Yea

Official roll call →

Subjects

public-safety
Cross-referencing the record. Reading this bill against every other bill in the corpus by meaning, not keywords. Only the first open is slow. It’s instant for you after this. Matching · Ranking · Engrossing

Frequently asked questions

What does AB 256 do?
Existing law imposes various sentence enhancements, consisting of additional and consecutive terms of imprisonment, including, among others, enhancements for being armed with a firearm during the commission of a felony. Existing law makes it a crime for a person to be unlawfully under the influence of cocaine, cocaine base, heroin, methamphetamine, or phencyclidine while in the immediate personal possession of a loaded, operable firearm, punishable by imprisonment in the county jail for up to one year or in the state prison for a first conviction, or in the state prison for 2, 3, or 4 years for a 2nd or subsequent conviction. This bill would create an enhancement for any person who, while armed with a firearm in the commission or attempted commission of a felony, is under the influence of a controlled substance they are prohibited from possessing, as specified. The bill would make this enhancement punishable by an additional year of imprisonment in the county jail. The bill would also authorize a search warrant to be issued when a sample of the blood of a person constitutes evidence that tends to show a violation of this enhancement, and the sample will be drawn from the person in a reasonable, medically approved manner. By creating a new 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 256?
AB 256 is sponsored by DeMaio, Carl (Republican).
What is the current status of AB 256?
This bill is in committee in the Assembly. Introduced January 16, 2025. It must pass committee before a floor vote.
Where can I track AB 256?
Track AB 256 free on One Click Politics — get push/email alerts when it moves.

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Last checked for changes 3 months ago · updated continuously

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