AB-1396 • 2026

Crimes: sexual assault.

Crime Education

Passed Legislature

This bill passed both chambers and reached final enrollment, even if later executive action is not shown here.

Sponsor: Macedo
Last action: 2026-02-02
Official status: From committee: Filed with the Chief Clerk pursuant to Joint Rule 56.
Effective date: Not listed

Plain English Breakdown

The official source material does not provide a specific definition for 'dependent person,' only that the term is used in the context of this bill.

Sexual Assault Penalties

AB-1396 increases penalties for assaulting a dependent person with the intent to commit certain sexual crimes, if committed by an adult caretaker who knows or should reasonably know that the victim is a dependent individual.

What This Bill Does

Adds new rules punishing assault with the intent to commit rape, sodomy, oral copulation, or mayhem against a dependent person by a caretaker or other adult who has care or custody of the dependent person if they know or should reasonably know that the victim is a dependent person.
Requires these offenders to be sentenced to prison for 5, 7, or 9 years.

Who It Names or Affects

Adults who have custody or care of dependent individuals
Dependent individuals cared for by adults

Terms To Know

Dependent person: Someone who relies on others for care and protection.

Limits and Unknowns

The bill has passed both chambers of the legislature but its final status after executive action is unknown.
Does not specify the exact circumstances under which reimbursement is not required.

Bill History

2026-02-02 California Legislative Information
From committee: Filed with the Chief Clerk pursuant to Joint Rule 56.
2026-01-31 California Legislative Information
Died pursuant to Art. IV, Sec. 10(c) of the Constitution.
2025-05-23 California Legislative Information
In committee: Held under submission.
2025-05-07 California Legislative Information
In committee: Set, first hearing. Referred to APPR. suspense file.
2025-04-29 California Legislative Information
Re-referred to Com. on APPR.
2025-04-28 California Legislative Information
Read second time and amended.
2025-04-24 California Legislative Information
From committee: Amend, and do pass as amended and re-refer to Com. on APPR. (Ayes 9. Noes 0.) (April 22).
2025-03-13 California Legislative Information
Referred to Com. on PUB. S.
2025-02-24 California Legislative Information
Read first time.
2025-02-22 California Legislative Information
From printer. May be heard in committee March 24.
2025-02-21 California Legislative Information
Introduced. To print.

Official Summary Text

AB 1396, as amended, Macedo.
Crimes: sexual assault.
Existing law provides that, except as specified, a person who assaults another with the intent to commit, among other things, mayhem, rape, sodomy, or oral copulation, shall be punished by imprisonment in the state prison for 2, 4, or 6 years. Existing law provides that a person who commits those offenses against a person under 18 years of age shall be punished by imprisonment for 5, 7, or 9 years.
This bill would additionally punish assault with the intent to commit those specified offenses when committed against a dependent person, as defined,
by a caretaker or other adult who has care or custody of the dependent person, if the caretaker or other adult knows or should reasonably know that the victim is a dependent person,
with
imprisonment for 5, 7, or 9 years. By expanding the definition of a crime, 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.

Current Bill Text

Read the full stored bill text

Download Bill PDF