SB 1365 — Price gouging.
Last action — Approved by the Governor.
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✓Introduced
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✓In Committee
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✓Passed Senate
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✓Passed Assembly
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5To Executive
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6Enacted
This bill has been sent to the executive. Introduced February 20, 2026. It awaits signature.
Next likely step: the executive signs it into law or issues a veto.
Odds of enactment
Moderate chanceBased on the sponsor, cosponsors, and committee posture, this bill has a moderate chance of becoming law.
Upgrade to see the exact probability and what's driving it.
A statistical estimate from our own model of past outcomes — an insight, not a guarantee. Policymaking is volatile.
Prognosis
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To Executive
Current position in the legislative process.
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2 sponsors
1 primary, 1 co-sponsors signed on.
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Single-party support
Sponsorship is currently within one party (1 D).
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Cleared a recorded vote
Passed 8 recorded votes so far.
Based on stage, sponsorship breadth, committee status, recorded votes, and cross-state momentum — a description of the observable signals, not a prediction.
In plain language
The bill addresses price gouging practices during emergencies.
This legislation targets price gouging by establishing regulations during times of declared emergency. It aims to ensure fair pricing for essential goods and services when demand surges.
What this means for you
- Consumers: This means consumers may pay fairer prices for essential goods during emergencies.
Summary
Price gouging.
Bill Text
- Chaptered 09/30/26 - Chaptered html September 30, 2026
- Enrolled 09/08/26 - Enrolled html September 08, 2026
- Amended 08/20/26 - Amended Assembly pdf August 20, 2026
- Amended Amended Assembly Current xml August 20, 2026
- Amended 08/13/26 - Amended Assembly html August 13, 2026
- Amended 05/18/26 - Amended Senate pdf May 18, 2026
- Amended 03/26/26 - Amended Senate pdf March 26, 2026
- Introduced 02/20/26 - Introduced pdf February 20, 2026
- SB1365 View text html
AI-generated reading aid from the bill's amendatory text — verify against the official bill.
This bill amends 1 section(s) of the California codes: Section 396 of the Penal Code.
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Section 396 of the Penal Code
However, a greater price increase is not unlawful if that goods, or If However, a greater price increase is not unlawful that goods, or However, a greater price increase is not unlawful A rental price increase greater than the amount in paragraph (1) is not unlawful However, a greater price increase is not unlawful that goods, or If However, a greater price increase is not unlawful that goods, or hotel However, a greater price increase is not unlawful However, a greater rental price increase is not unlawful if that person can prove that the increase is directly attributable to additional costs for repairs or additions beyond normal maintenance that were amortized over the rental term that caused the rent to be increased greater than 10 percent or that an increase was contractually agreed to by the tenant prior to the proclamation or declaration. It shall not be a defense to a prosecution under this subdivision that an increase in rental price was based on the length of the rental term, the inclusion of additional goods or services, except as provided in paragraph (11) of subdivision (j) with respect to furniture, or that the rent was offered by, or paid by, an insurance company, or other third party, on behalf of a tenant. This subdivision does not authorize a landlord to charge a price greater than the amount authorized by a local rent control ordinance. any Contractors’ housing with an initial lease term of no longer than one year, SEC. 2.→ (1) (2) (A) It is an affirmative defense to a charge of price gouging pursuant to this subdivision if either of the following: (i) That goods. (ii) That the increase in price was (B) If (1) (2) It is an affirmative defense to a charge of price gouging pursuant to this subdivision either of the following: (A) That goods. (B) That the increase in price was (1) (2) It is an affirmative defense to a charge of price gouging pursuant to this subdivision It is an affirmative defense to a charge of price gouging pursuant to this subdivision SEC. 1.5. Section 396 of the Penal Code is amended to read: war, (1) (2) (A) It is an affirmative defense to a charge of price gouging pursuant to this subdivision either of the following: (i) That goods. (ii) That the increase in price was (B) If (1) (2) It is an affirmative defense to a charge of price gouging pursuant to this subdivision either of the following: (A) That goods. (B) That the increase in price was (1) hotel’s (2) It is an affirmative defense to a charge of price gouging pursuant to this subdivision (1) (2) It is an affirmative defense to a charge of price gouging pursuant to this subdivision if that person can prove either of the following:(A) That an increase was contractually agreed to by the tenant prior to the proclamation or declaration.(B) That the increase was directly attributable to additional costs for repairs or additions beyond normal maintenance incurred within the year prior to the proclamation or declaration and either of the following is true:(i) The housing was rented, advertised for rent, or offered for rent at the time the costs were incurred.(ii) That person can prove that within a year before the proclamation or declaration, the intent to offer the housing for rent within six months of the repair or addition already existed.(3) It shall not be a defense to a prosecution under this subdivision that an increase in rental price was based on the length of the rental term, the inclusion of additional goods or services, except as provided in paragraph (11) of subdivision (j) with respect to furniture, or that the rent was offered by, or paid by, an insurance company, or other third party, on behalf of a tenant. This subdivision does not authorize a landlord to charge a price greater than the amount authorized by a local rent control ordinance. a war, Contractors housing, Housing advertised, offered, or charged at a daily rate following a declaration or proclamation of emergency, but that was not advertised, offered, or charged at a daily rate in the year prior to the declaration or proclamation of emergency, shall be subject to a rental price that is one-thirtieth of the rental price described in subparagraph (B). (13) “War” means any of the following:(A) A time during which Congress has declared war and peace has not been formally restored.(B) A time during which the United States is engaged in active military operations against any foreign state, whether or not war has been formally declared.(C) A time during which the United States is assisting the United Nations, in actions involving the use of armed force, to maintain or restore international peace and security.(D) The prohibitions and associated penalties, pursuant to a proclamation or declaration of a state of emergency for war, shall apply only upon the proclamation or declaration by the President of the United States or the Governor and shall apply only for the essential consumer goods or services for which the Attorney General issues a written opinion, consistent with Section 12519 of the Government Code, finding a sufficient nexus between the war at issue and increases in the prices of those goods or services. The prohibitions and associated penalties shall apply only for a period of 30 days following the proclamation or declaration but may be extended for additional periods of 30 days, if deemed necessary. An extension also may authorize specified price increases that exceed the amount that would be permamended
Action History
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Approved by the Governor.
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Enrolled and presented to the Governor at 4 p.m.
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Assembly amendments concurred in. (Ayes 27. Noes 10.) Ordered to engrossing and enrolling.
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In Senate. Concurrence in Assembly amendments pending.
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Read third time. Passed. (Ayes 48. Noes 19. Page 7007.) Ordered to the Senate.
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Ordered to third reading.
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Read third time and amended.
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Read second time. Ordered to third reading.
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Assembly Rule 63 suspended.
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From committee: Do pass as amended. (Ayes 11. Noes 3.) (August 13).
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Read second time and amended. Ordered to second reading.
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August 5 set for first hearing. Placed on suspense file.
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From committee: Do pass and re-refer to Com. on APPR. (Ayes 5. Noes 1.) (June 30). Re-referred to Com. on APPR.
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Coauthors revised.
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From committee: Do pass and re-refer to Com. on PUB. S. (Ayes 8. Noes 3.) (June 16). Re-referred to Com. on PUB. S.
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Referred to Coms. on JUD. and PUB. S.
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In Assembly. Read first time. Held at Desk.
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Read third time. Passed. (Ayes 29. Noes 9. Page 4502.) Ordered to the Assembly.
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Read second time. Ordered to third reading.
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From committee: Do pass as amended. (Ayes 5. Noes 2. Page 4274.) (May 14).
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Read second time and amended. Ordered to second reading.
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Set for hearing May 14.
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May 4 hearing: Placed on APPR. suspense file.
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Set for hearing May 4.
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From committee: Do pass and re-refer to Com. on APPR. (Ayes 5. Noes 1. Page 3984.) (April 21). Re-referred to Com. on APPR.
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Set for hearing April 21.
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From committee: Do pass and re-refer to Com. on PUB. S. (Ayes 10. Noes 2. Page 3757.) (April 7). Re-referred to Com. on PUB. S.
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From committee with author's amendments. Read second time and amended. Re-referred to Com. on JUD.
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Set for hearing April 7.
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Referred to Coms. on JUD. and PUB. S.
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Read first time.
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From printer. May be acted upon on or after March 23.
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Introduced. To Com. on RLS. for assignment. To print.
Sponsors
- Kalra · Cosponsor
- Benjamin Allen · Primary
Sponsorship breakdown
Export CSV (upgrade) →1 sponsors · 1 co-sponsors · 120 not signed on · 17 voted No
Sponsors (1)
- Allen, Benjamin Democratic
Co-sponsors (1)
- Kalra
Not signed on (120)
120 members have not signed on to this bill.
Show all 120 →"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.
Votes
| Party | Yea | Nay | Present | Not Voting |
|---|---|---|---|---|
| Democratic | 11 | 0 | 0 | 0 |
| Republican | 0 | 3 | 0 | 1 |
| Total | 11 | 3 | 0 | 1 |
| % of votes cast | 73% | 20% | 0% | 7% |
How each member voted (15)
| Member | Party | Vote |
|---|---|---|
| Arambula, Joaquin | Democratic | Yea |
| Calderon, Lisa | Democratic | Yea |
| Caloza, Jessica | Democratic | Yea |
| Fong, Mike | Democratic | Yea |
| González, Mark | Democratic | Yea |
| Krell, Maggy | Democratic | Yea |
| Pacheco, Blanca | Democratic | Yea |
| Pellerin, Gail | Democratic | Yea |
| Sharp-Collins, LaShae | Democratic | Yea |
| Solache, Jr., José Luis | Democratic | Yea |
| Wicks, Buffy | Democratic | Yea |
| Dixon, Diane | Republican | Not Voting |
| Hoover, Josh | Republican | Nay |
| Ta, Tri | Republican | Nay |
| Tangipa, David J. | Republican | Nay |
| Party | Yea | Nay | Present | Not Voting |
|---|---|---|---|---|
| Democratic | 5 | 0 | 0 | 2 |
| Republican | 0 | 1 | 0 | 1 |
| Total | 5 | 1 | 0 | 3 |
| % of votes cast | 56% | 11% | 0% | 33% |
How each member voted (9)
| Member | Party | Vote |
|---|---|---|
| González, Mark | Democratic | Yea |
| Haney, Matt | Democratic | Yea |
| Harabedian, John | Democratic | Yea |
| Nguyen, Stephanie | Democratic | Not Voting |
| Ramos, James C. | Democratic | Not Voting |
| Schultz, Nick | Democratic | Yea |
| Sharp-Collins, LaShae | Democratic | Yea |
| Alanis, Juan | Republican | Not Voting |
| Lackey, Tom | Republican | Nay |
| Party | Yea | Nay | Present | Not Voting |
|---|---|---|---|---|
| Democratic | 8 | 0 | 0 | 1 |
| Republican | 0 | 3 | 0 | 0 |
| Total | 8 | 3 | 0 | 1 |
| % of votes cast | 67% | 25% | 0% | 8% |
How each member voted (12)
| Member | Party | Vote |
|---|---|---|
| Bauer-Kahan, Rebecca | Democratic | Yea |
| Bryan, Isaac G. | Democratic | Yea |
| Connolly, Damon | Democratic | Yea |
| Harabedian, John | Democratic | Yea |
| Kalra, Ash | Democratic | Yea |
| Pacheco, Blanca | Democratic | Not Voting |
| Papan, Diane | Democratic | Yea |
| Stefani, Catherine | Democratic | Yea |
| Zbur, Rick Chavez | Democratic | Yea |
| Dixon, Diane | Republican | Nay |
| Macedo, Alexandra | Republican | Nay |
| Sanchez, Kate | Republican | Nay |
| Party | Yea | Nay | Present | Not Voting |
|---|---|---|---|---|
| Democratic | 29 | 0 | 0 | 1 |
| Republican | 0 | 9 | 0 | 1 |
| Total | 29 | 9 | 0 | 2 |
| % of votes cast | 73% | 23% | 0% | 5% |
How each member voted (40)
| Party | Yea | Nay | Present | Not Voting |
|---|---|---|---|---|
| Democratic | 5 | 0 | 0 | 0 |
| Republican | 0 | 2 | 0 | 0 |
| Total | 5 | 2 | 0 | 0 |
| % of votes cast | 71% | 29% | 0% | 0% |
How each member voted (7)
| Member | Party | Vote |
|---|---|---|
| Cabaldon, Christopher | Democratic | Yea |
| Cervantes, Sabrina | Democratic | Yea |
| Grayson, Timothy S. | Democratic | Yea |
| Richardson, Laura | Democratic | Yea |
| Wahab, Aisha | Democratic | Yea |
| Dahle, Megan | Republican | Nay |
| Seyarto, Kelly | Republican | Nay |
| Party | Yea | Nay | Present | Not Voting |
|---|---|---|---|---|
| Republican | 2 | 0 | 0 | 0 |
| Democratic | 5 | 0 | 0 | 0 |
| Total | 7 | 0 | 0 | 0 |
| % of votes cast | 100% | 0% | 0% | 0% |
How each member voted (7)
| Member | Party | Vote |
|---|---|---|
| Cabaldon, Christopher | Democratic | Yea |
| Cervantes, Sabrina | Democratic | Yea |
| Grayson, Timothy S. | Democratic | Yea |
| Richardson, Laura | Democratic | Yea |
| Wahab, Aisha | Democratic | Yea |
| Dahle, Megan | Republican | Yea |
| Seyarto, Kelly | Republican | Yea |
| Party | Yea | Nay | Present | Not Voting |
|---|---|---|---|---|
| Democratic | 5 | 0 | 0 | 0 |
| Republican | 0 | 1 | 0 | 0 |
| Total | 5 | 1 | 0 | 0 |
| % of votes cast | 83% | 17% | 0% | 0% |
How each member voted (6)
| Member | Party | Vote |
|---|---|---|
| Arreguín, Jesse | Democratic | Yea |
| Caballero, Anna M. | Democratic | Yea |
| Cortese, Dave | Democratic | Yea |
| Pérez, Sasha Renée | Democratic | Yea |
| Wiener, Scott D. | Democratic | Yea |
| Seyarto, Kelly | Republican | Nay |
| Party | Yea | Nay | Present | Not Voting |
|---|---|---|---|---|
| Democratic | 10 | 0 | 0 | 1 |
| Republican | 0 | 2 | 0 | 0 |
| Total | 10 | 2 | 0 | 1 |
| % of votes cast | 77% | 15% | 0% | 8% |
How each member voted (13)
| Member | Party | Vote |
|---|---|---|
| Allen, Benjamin | Democratic | Yea |
| Ashby, Angelique V. | Democratic | Yea |
| Caballero, Anna M. | Democratic | Yea |
| Durazo, Maria Elena | Democratic | Yea |
| Laird, John | Democratic | Not Voting |
| Reyes, Eloise Gómez | Democratic | Yea |
| Stern, Henry I. | Democratic | Yea |
| Umberg, Thomas J. | Democratic | Yea |
| Wahab, Aisha | Democratic | Yea |
| Weber Pierson, M.D., Akilah | Democratic | Yea |
| Wiener, Scott D. | Democratic | Yea |
| Niello, Roger W. | Republican | Nay |
| Valladares, Suzette Martinez | Republican | Nay |
Subjects
Frequently asked questions
- What does SB 1365 do?
- Price gouging.
- Who sponsors SB 1365?
- SB 1365 is sponsored by Kalra and Allen, Benjamin (Democratic).
- What is the current status of SB 1365?
- This bill has been sent to the executive. Introduced February 20, 2026. It awaits signature.
- Where can I track SB 1365?
- Track SB 1365 free on One Click Politics — get push/email alerts when it moves.
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