California 2023-2024 Regular Session Status: Passed Assembly 1 D cosponsors

AB 3172 — Social media platforms: injuries to children: civil penalties.

Last action — Ordered to inactive file at the request of Senator Gonzalez.

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

This bill died with 2023-2024 Regular Session. It reached “Passed Assembly” and never advanced before the session ended, so it can no longer move — a new version would have to be reintroduced in the current session.

This bill is no longer active — its legislative session has ended, so there is no live prognosis. It would have to be reintroduced in the current session to move again.

Summary

Existing law provides that everyone is responsible not only for the result of their willful acts, but also for an injury occasioned to another by their want of ordinary care or skill in the management of their property or person. This bill would make a social media platform, as defined, liable for specified civil penalties in addition to any other remedy provided by law, if the platform knowingly and willfully fails to exercise ordinary care or skill toward a child. Under the bill, the civil penalties would only be available in an action brought by the Attorney General, a district attorney, or a city attorney. The bill would require no less than 51% of any civil penalties recovered pursuant to the bill to be deposited into the Safe Social Media Fund, which the bill would create. The bill would allow money deposited into the fund, upon appropriation by the Legislature, to be used by the Office of the Surgeon General to raise awareness about safe social media use. The bill would apply to causes of action arising from conduct occurring on or after January 1, 2026. The bill would declare that its provisions are severable.

Bill Text

Action History

  1. Ordered to inactive file at the request of Senator Gonzalez.

  2. Read second time. Ordered to third reading.

  3. Read second time and amended. Ordered returned to second reading.

  4. From committee: Amend, and do pass as amended. (Ayes 5. Noes 1.) (August 15).

  5. In committee: Referred to APPR suspense file.

  6. Re-referred to Com. on APPR pursuant to Joint Rule 10.5.

  7. Read second time and amended. Ordered to third reading.

  8. From committee: Amend, and do pass as amended. (Ayes 11. Noes 0.) (June 25).

  9. Referred to Com. on JUD.

  10. In Senate. Read first time. To Com. on RLS. for assignment.

  11. Read third time. Passed. Ordered to the Senate. (Ayes 65. Noes 0. Page 5303.)

  12. Read second time. Ordered to third reading.

  13. From committee: Do pass. (Ayes 9. Noes 0.) (April 30).

  14. Re-referred to Com. on JUD.

  15. Read second time and amended.

  16. From committee: Amend, and do pass as amended and re-refer to Com. on JUD. (Ayes 11. Noes 0.) (April 16).

  17. Re-referred to Com. on P. & C.P.

  18. From committee chair, with author's amendments: Amend, and re-refer to Com. on P. & C.P. Read second time and amended.

  19. Referred to Coms. on P. & C.P. and JUD.

  20. From printer. May be heard in committee March 18.

  21. Read first time. To print.

Sponsors

Sponsorship breakdown

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1 sponsors · 0 co-sponsors · 121 not signed on · 1 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 as amended

Passed 11 Yea · 0 Nay
Party YeaNayPresentNot Voting
Democratic 8000
Unaffiliated 2000
Republican 1000
Total 11000
% of votes cast 100%0%0%0%
How each member voted (11)
Member Party Vote
Wilk — Yea
Roth — Yea
Allen, Benjamin Democratic Yea
Ashby, Angelique V. Democratic Yea
Caballero, Anna M. Democratic Yea
Durazo, Maria Elena Democratic Yea
Laird, John Democratic Yea
Stern, Henry I. Democratic Yea
Umberg, Thomas J. Democratic Yea
Wahab, Aisha Democratic Yea
Niello, Roger W. Republican Yea

Official roll call →

AB 3172 Lowenthal Assembly Third Reading

Passed 65 Yea · 0 Nay · 15 Other
Party YeaNayPresentNot Voting
Democratic 42005
Republican 9004
Unaffiliated 14006
Total 650015
% of votes cast 81%0%0%19%
How each member voted (80)
Member Party Vote
Holden — Yea
Maienschein — Yea
Rodriguez — Yea
Villapudua — Yea
Ting — Yea
McCarty — Yea
Rendon — Yea
Friedman — Yea
Wood — Yea
Low — Yea
Waldron — Yea
Santiago — Yea
Essayli — Not Voting
Jones-Sawyer — Not Voting
Mathis — Not Voting
Eduardo Garcia — Yea
Jim Patterson — Not Voting
Luz Rivas — Not Voting
Vince Fong — Not Voting
Wendy Carrillo — Yea
Addis, Dawn Democratic Yea
Aguiar-Curry, Cecilia M. Democratic Yea
Alvarez, David Democratic Yea
Arambula, Joaquin Democratic Not Voting
Bains, Jasmeet Democratic Yea
Bauer-Kahan, Rebecca Democratic Yea
Bennett, Steve Democratic Yea
Berman, Marc Democratic Yea
Boerner, Tasha Democratic Yea
Bonta, Mia Democratic Yea
Bryan, Isaac G. Democratic Yea
Calderon, Lisa Democratic Yea
Carrillo, Juan Democratic Yea
Cervantes, Sabrina Democratic Not Voting
Connolly, Damon Democratic Yea
Fong, Mike Democratic Yea
Gabriel, Jesse Democratic Not Voting
Gipson, Mike A. Democratic Yea
Grayson, Timothy S. Democratic Yea
Haney, Matt Democratic Yea
Hart, Gregg Democratic Yea
Irwin, Jacqui Democratic Yea
Jackson, Corey A. Democratic Yea
Kalra, Ash Democratic Yea
Lee, Alex Democratic Not Voting
Lowenthal, Josh Democratic Yea
McKinnor, Tina Democratic Yea
Muratsuchi, Al Democratic Yea
Nguyen, Stephanie Democratic Not Voting
Ortega, Liz Democratic Yea
Pacheco, Blanca Democratic Yea
Papan, Diane Democratic Yea
Pellerin, Gail Democratic Yea
Petrie-Norris, Cottie Democratic Yea
Quirk-Silva, Sharon Democratic Yea
Ramos, James C. Democratic Yea
Reyes, Eloise Gómez Democratic Yea
Rivas, Robert Democratic Yea
Rubio, Blanca E. Democratic Yea
Schiavo, Pilar Democratic Yea
Soria, Esmeralda Democratic Yea
Valencia, Avelino Democratic Yea
Ward, Christopher M. Democratic Yea
Weber Pierson, M.D., Akilah Democratic Yea
Wicks, Buffy Democratic Yea
Wilson, Lori D. Democratic Yea
Zbur, Rick Chavez Democratic Yea
Alanis, Juan Republican Yea
Chen, Phillip Republican Yea
Dahle, Megan Republican Not Voting
Davies, Laurie Republican Yea
Dixon, Diane Republican Yea
Flora, Heath Republican Yea
Gallagher, James Republican Not Voting
Hoover, Josh Republican Yea
Lackey, Tom Republican Not Voting
Patterson, Joe Republican Yea
Sanchez, Kate Republican Yea
Ta, Tri Republican Not Voting
Wallis, Greg Republican Yea

Official roll call →

Do pass.

Passed 9 Yea · 0 Nay · 3 Other
Party YeaNayPresentNot Voting
Democratic 6002
Unaffiliated 1001
Republican 2000
Total 9003
% of votes cast 75%0%0%25%
How each member voted (12)
Member Party Vote
Maienschein — Yea
Essayli — Not Voting
Bauer-Kahan, Rebecca Democratic Yea
Bryan, Isaac G. Democratic Yea
Connolly, Damon Democratic Yea
Haney, Matt Democratic Yea
Kalra, Ash Democratic Yea
McKinnor, Tina Democratic Not Voting
Pacheco, Blanca Democratic Not Voting
Reyes, Eloise Gómez Democratic Yea
Dixon, Diane Republican Yea
Sanchez, Kate Republican Yea

Official roll call →

Do pass as amended and be re-referred to the Committee on [Judiciary]

Passed 11 Yea · 0 Nay
Party YeaNayPresentNot Voting
Democratic 8000
Republican 3000
Total 11000
% of votes cast 100%0%0%0%
How each member voted (11)
Member Party Vote
Bauer-Kahan, Rebecca Democratic Yea
Bryan, Isaac G. Democratic Yea
Irwin, Jacqui Democratic Yea
Lowenthal, Josh Democratic Yea
Ortega, Liz Democratic Yea
Ward, Christopher M. Democratic Yea
Wicks, Buffy Democratic Yea
Wilson, Lori D. Democratic Yea
Dixon, Diane Republican Yea
Hoover, Josh Republican Yea
Patterson, Joe Republican Yea

Official roll call →

Subjects

public-safety civil-rights technology
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Frequently asked questions

What does AB 3172 do?
Existing law provides that everyone is responsible not only for the result of their willful acts, but also for an injury occasioned to another by their want of ordinary care or skill in the management of their property or person. This bill would make a social media platform, as defined, liable for specified civil penalties in addition to any other remedy provided by law, if the platform knowingly and willfully fails to exercise ordinary care or skill toward a child. Under the bill, the civil penalties would only be available in an action brought by the Attorney General, a district attorney, or a city attorney. The bill would require no less than 51% of any civil penalties recovered pursuant to the bill to be deposited into the Safe Social Media Fund, which the bill would create. The bill would allow money deposited into the fund, upon appropriation by the Legislature, to be used by the Office of the Surgeon General to raise awareness about safe social media use. The bill would apply to causes of action arising from conduct occurring on or after January 1, 2026. The bill would declare that its provisions are severable.
Who sponsors AB 3172?
AB 3172 is sponsored by Lowenthal, Josh (Democratic).
What is the current status of AB 3172?
This bill died with 2023-2024 Regular Session. It reached “Passed Assembly” and never advanced before the session ended, so it can no longer move — a new version would have to be reintroduced in the current session.
Where can I track AB 3172?
Track AB 3172 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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