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AB 1396

Crimes: sexual assault.

2025-2026 Regular Session Introduced by Ali Macedo

AB 1396 expands penalties for assault with intent to commit sexual offenses against dependent persons; caretakers who know the victim is dependent face 5-9 year sentences.

From committee: Filed with the Chief Clerk pursuant to Joint Rule 56.
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Bill Summary · AB 1396

AB 1396 (Macedo) — Crimes: sexual assault — Summary

Purpose

AB 1396 amends Penal Code section 220 to expand criminal liability and penalties for assaults committed with the intent to commit specified sexual offenses when the victim is a “dependent person,” and to create an enhanced sentencing pathway when the assailant is a caretaker or other adult entrusted with care or custody of that dependent person.

Key provisions

  • Modifies Penal Code §220(a) to add and clarify three scenarios and associated penalties:
    • Baseline offense: assault with intent to commit mayhem, rape, sodomy, oral copulation, or violations of §§ 264.1, 288, or 289 — punishable by 2, 4, or 6 years in state prison (existing language retained).
    • Enhanced penalty for assaults against persons under 18 or a dependent person with the intent to commit those sexual offenses — punishable by 5, 7, or 9 years in state prison (parallels existing juvenile enhancement and now explicitly includes dependent persons).
    • Enhanced penalty when the perpetrator is a caretaker or other adult who has care or custody of a dependent person, and who knows or reasonably should know the victim is dependent, and assaults that dependent person with the intent to commit those sexual offenses — punishable by 5, 7, or 9 years in state prison.
  • Retains existing subdivision (b): if the assault with intent to commit those offenses occurs during a first-degree burglary, the penalty remains life with the possibility of parole.
  • Defines “dependent person” by reference to the existing definition in Penal Code §288 (the bill does not re‑define the term; it relies on the statutory definition already in law).
  • Includes a statutory statement that the bill creates a state‑mandated local program (because it expands criminal liability) but specifies that no state reimbursement is required under Article XIII B, Section 6 of the California Constitution for reasons stated in the bill.

Who is affected

  • Victims: dependent persons (as defined in §288) — the bill expressly extends enhanced protections to this group.
  • Perpetrators: adults who assault dependent persons; particularly caretakers or adults with care/custody who know or should know the victim is dependent — face the higher 5/7/9-year sentencing range.
  • Criminal justice system: prosecutors, defense counsel, courts, and local law enforcement (implementation, charging decisions, prosecutions).
  • Local government: potential workload or incarceration impacts; bill notes state will not reimburse local agencies for mandated costs.

Procedural status & timeline

  • Introduced: February 21, 2025.
  • Key steps: Read first time Feb 24; referred to Public Safety Committee (Mar 13); amended and passed out of Public Safety and re‑referred to Assembly Appropriations (April 24–28); read and amended again Apr 28; placed on Appropriations suspense file (May 7); held under submission in committee (May 23, 2025).
  • Current status: In committee — Held under submission (as of 2025-05-23).

Fiscal/legal notes

  • Fiscal Committee: yes. Appropriation: none.
  • The bill expands the definition/penalty of crimes, which the text identifies as a state‑mandated local program; it also states no reimbursement is required under the California Constitution for the reasons provided.

Practical impact

AB 1396 explicitly extends enhanced penalties for assault with intent to commit sexual offenses to protect dependent persons and imposes the same heightened sentencing on caretakers or custodial adults who commit such assaults knowing (or reasonably knowing) the victim is dependent. This narrows a statutory gap by mirroring existing juvenile protections for dependent adults and may lead to increased prosecutions and longer sentences in qualifying cases.

Compiled from official sources — confirm details with the bill’s official record.

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