AB-38 • 2026

Crimes: serious and violent felonies.

Children Crime Education

Passed Legislature

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

Sponsor: Lackey
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 does not provide specific details on which crimes involving minors with disabilities are added to the list of violent felonies.

Making Certain Crimes Involving Disabled Minors Violent Felonies

AB-38 adds specific crimes involving the rape or sexual assault of minors with developmental disabilities to the list of violent felonies, which affects sentencing and other legal consequences.

What This Bill Does

Adds certain crimes involving the rape or sexual assault of a minor who has a developmental disability to the list of violent felonies.
Expands the definition of violent felonies to include offenses against minors with disabilities that were not previously classified as such.
Specifies that no reimbursement is required from local agencies or school districts due to this expansion.

Who It Names or Affects

People who commit crimes involving the rape or sexual assault of minors with developmental disabilities will be affected by stricter legal consequences.
Local law enforcement and judicial systems may see changes in how these cases are handled and sentenced.

Terms To Know

violent felony: A type of crime that is considered very serious, leading to harsher punishments if the person has been convicted before.
state-mandated local program: A program required by state law for local agencies or school districts to implement and manage.

Limits and Unknowns

The bill does not specify which exact crimes involving minors with disabilities will be added to the list of violent felonies.
It is unclear how this change will impact existing cases or sentencing guidelines before the law takes effect.

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.
2025-03-20 California Legislative Information
In committee: Set, first hearing. Hearing canceled at the request of author.
2025-02-03 California Legislative Information
Referred to Com. on PUB. S.
2024-12-03 California Legislative Information
From printer. May be heard in committee January 2.
2024-12-02 California Legislative Information
Read first time. To print.

Official Summary Text

AB 38, as introduced, Lackey.
Crimes: serious and violent felonies.
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.

Current Bill Text

Read the full stored bill text

Download Bill PDF