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AB 1488

Self-defense.

2025-2026 Regular Session Introduced by Phillip Chen and 1 co-sponsor

The bill permits preemptive self-defense when imminent harm is reasonably perceived and grants civil immunity for lawful resistance, with proportionality and non-aggressor limits.

In committee: Set, final hearing. Hearing canceled at the request of author.
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Bill Summary · AB 1488

AB 1488 — Preemptive Self Defense Act of 2025 (Flora)

Status: In committee — set for second hearing; hearing canceled at author's request (last action: 2025-04-22)
Introduced: February 21, 2025

Purpose / Intent

AB 1488 clarifies and modifies California law on self‑defense to expressly authorize preemptive, or pre‑assault, defensive action when a person reasonably perceives an imminent threat of bodily harm. It also creates civil immunity for lawful resistance to a public offense and limits factors courts may consider when assessing whether defensive force was reasonable.

Key provisions

  • Names the measure: "Preemptive Self Defense Act of 2025."
  • Amends Civil Code §50:
    • Confirms that "any necessary force" may be used to protect person or property.
    • Creates express civil immunity: no civil liability and no cause of action arises for a person who lawfully resists a public offense (see Penal Code §692), except:
    • If the person was the primary aggressor, or
    • If the force used was not proportional to the reasonably perceived threat.
  • Amends Penal Code §692 (lawful resistance to public offense):
    • Explicitly permits lawful resistance by a party who reasonably perceives an imminent threat of bodily harm.
    • Defines “imminent threat of bodily harm” to include actions that reasonably indicate a physical attack is about to occur, including deliberate feints, fake strikes, or other aggressive movements intended to provoke or create fear of immediate attack.
  • Amends Penal Code §693 (scope of resistance):
    • Requires that authorized resistance be proportional to the reasonably perceived threat and cease when the threat is no longer present.
    • States a person does not have to wait until a physical attack has begun before taking reasonable defensive action.
    • Prohibits consideration of the defender’s background, training, or professional fighting skills when determining whether defensive action was reasonable.
  • Technical, nonsubstantive amendment to Penal Code §16 to restate that crimes/public offenses include felonies, misdemeanors, and infractions.

Who is affected

  • Individuals who use defensive force to prevent an anticipated attack or offense.
  • Potential plaintiffs in civil lawsuits against defenders (reduced liability where resistance is lawful and proportional).
  • Prosecutors, defense attorneys, judges and juries — changes affect standards and jury instructions for self‑defense claims.
  • Persons with formal fighting/martial arts training — their training/background may not be used to judge the reasonableness of defensive actions.

Procedural / timeline notes

  • Introduced 02/21/2025.
  • Read and amended; referred to Assembly Public Safety and Judiciary Committees in March 2025.
  • Set for hearings on 03/24/2025 and 04/07/2025 but hearings were canceled at the author's request; last recorded action: 04/22/2025 — set for second hearing, hearing canceled at author's request.

Potential impacts and considerations

  • Clarifies that preemptive defensive action can be lawful when a reasonable person perceives imminent harm, and establishes civil immunity in such cases (subject to proportionality and non‑aggressor exceptions).
  • By excluding reliance on a defender’s training or fighting skill in reasonableness assessments, the bill shifts the inquiry more toward the perceived threat rather than the defender’s capabilities.
  • Raises questions about applying an objective “reasonable perception” standard to varied factual scenarios (feints, aggressive movements) and potential prosecutorial/judicial guidance needed to implement the changes consistently.

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

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