20250AB__029298AMD INTRODUCED 2025-01-22 AMENDED_ASSEMBLY 2026-01-14 2025 AB AMD Introduced by Assembly Members Patterson and Alanis LEAD_AUTHOR ASSEMBLY Patterson LEAD_AUTHOR ASSEMBLY Alanis

An act to amend

Section 273.5 of the Penal Code, relating to domestic violence. domestic violence Domestic violence. Under existing law, a person who willfully inflicts corporal injury resulting in a traumatic condition upon specified persons, including, among others, the offender’s spouse or former spouse, is guilty of a crime, punishable by imprisonment in the state prison for 2, 3, or years, or in a county jail for not more than year, or by a fine of up to $6,000.

Existing law also provides conditions for probation for a violation of these provisions if the person has a previous conviction of certain assault and battery offenses, as specified. This bill would make this crime punishable by imprisonment in state prison for 2, 4, or years, or by imprisonment and a fine of up to $10,000 if a person is convicted for violating these provisions within years of a previous felony conviction under these provisions.

The bill would also, if a person has one prior felony conviction under these provisions, require that the defendant be imprisoned in a county jail for not less than days as a condition of probation. By increasing the penalty for existing crimes, the 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.

Existing law defines the term “violent felony” for various purposes, including, among others, enhancing the punishment for felonies pursuant to existing sentencing provisions commonly known as the three strikes law.

The Legislature may directly amend the three strikes law by a statute passed in each house by a <caml:Fraction><caml:Numerator>2</caml:Numerator><caml:Denominator>3</caml:Denominator></caml:Fraction> vote, or by a statute that becomes effective only when approved by the voters.</xhtml:p><xhtml:p>This bill would expand the crimes that are within the definition of a violent felony for all purposes, including for purposes of the three strikes law, to include felony domestic violence, as specified.

By expanding the scope of an enhancement, this bill would impose a state-mandated local program.</xhtml:p><xhtml:p>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.</xhtml:p><xhtml:p>This bill would provide that no reimbursement is required by this act for a specified reason.</xhtml:p>"?> MAJORITY NO YES YES NO NO NO NO NO NO NO The people of the State of California do enact as follows:

SECTION

Section 273.5 of the Penal Code is amended to read: 273.5. (

a) A person who willfully inflicts corporal injury resulting in a traumatic condition upon a victim described in subdivision (

b) is guilty of a felony, and upon conviction thereof shall be punished by imprisonment in the state prison for two, three, or four years, or in a county jail for not more than one year, or by a fine of up to six thousand dollars ($6,000), or by both that fine and imprisonment. (

b) Subdivision (

a) shall apply if the victim is or was one or more of the following:

(1) The offender’s spouse or former spouse.

(2) The offender’s cohabitant or former cohabitant.

(3) The offender’s fiance, or someone with whom the offender has, or previously had, an engagement or dating relationship, as defined in paragraph (10) of subdivision (

f) of

Section 243.

(4) The mother or father of the offender’s child. (

c) Holding oneself out to be the spouse of the person with whom one is cohabiting is not necessary to constitute cohabitation as the term is used in this section. (

d) As used in this section, “traumatic condition” means a condition of the body, such as a wound, or external or internal injury, including, but not limited to, injury as a result of strangulation or suffocation, whether of a minor or serious nature, caused by a physical force. For purposes of this section, “strangulation” and “suffocation” include impeding the normal breathing or circulation of the blood of a person by applying pressure on the throat or neck. (

e) For the purpose of this section, a person shall be considered the father or mother of another person’s child if the alleged male parent is presumed the natural father under Sections and of the Family Code. (f)

(1) A person convicted of violating this

section for acts occurring within seven years of a previous conviction under subdivision (a), or subdivision (

d) of

Section 243, or

Section 243.4, 244, 244.5, or 245, shall be punished by imprisonment in a county jail for not more than one year, or by imprisonment in the state prison for two, four, or five years, or by both imprisonment and a fine of up to ten thousand dollars ($10,000).

(2) A person convicted of a violation of this

section for acts occurring within seven years of a previous conviction under subdivision (

e) of

Section shall be punished by imprisonment in the state prison for two, three, or four years, or in a county jail for not more than one year, or by a fine of up to ten thousand dollars ($10,000), or by both that imprisonment and fine.

(3) Notwithstanding paragraph (1) of this subdivision, a person convicted of violating this

section for acts occurring within seven years of a previous felony conviction of an offense specified in subdivision (a), shall be punished by imprisonment in state prison for two, four, or five years, or by imprisonment and a fine of up to ten thousand dollars ($10,000). (

g) If probation is granted to a person convicted under subdivision (a), the court shall impose probation consistent with the provisions of

Section 1203.097. (

h) If probation is granted, or the execution or imposition of a sentence is suspended, for a defendant convicted under subdivision (

a) who has been convicted of a prior offense specified in subdivision (f), the court shall impose one of the following conditions of probation:

(1) If the defendant has suffered one prior conviction within the previous seven years for a violation of an offense specified in subdivision (f), it shall be a condition of probation, in addition to the provisions contained in

Section 1203.097, that the defendant be imprisoned in a county jail for not less than days.

(2) If the defendant has suffered two or more prior convictions within the previous seven years for a violation of an offense specified in subdivision (f), it shall be a condition of probation, in addition to the provisions contained in

Section 1203.097, that the defendant be imprisoned in a county jail for not less than days.

(3) Notwithstanding paragraph (1) of this subdivision, if the defendant has suffered one prior felony conviction for a violation of subdivision (a), it shall be a condition of probation, in addition to the provisions contained in

Section 1203.097, that the defendant be imprisoned in a county jail for not less than days. (3)</xhtml:p>"?>

(4) The court, upon a showing of good cause, may find that the mandatory imprisonment required by this subdivision shall not be imposed and shall state on the record its reasons for finding good cause. (

i) If probation is granted upon conviction of a violation of subdivision (a), the conditions of probation may include, consistent with the terms of probation imposed pursuant to

Section 1203.097, in lieu of a fine, one or both of the following requirements:

(1) That the defendant make payments to a domestic violence shelter-based program, up to a maximum of five thousand dollars ($5,000), pursuant to

Section 1203.097. (2) (

A) That the defendant reimburse the victim for reasonable costs of counseling and other reasonable expenses that the court finds are the direct result of the defendant’s offense. (

B) For an order to pay a fine, make payments to a domestic violence shelter-based program, or pay restitution as a condition of probation under this subdivision, the court shall make a determination of the defendant’s ability to pay. An order to make payments to a domestic violence shelter-based program shall not be made if it would impair the ability of the defendant to pay direct restitution to the victim or court-ordered child support.

If the injury to a person who is married or in a registered domestic partnership is caused in whole or in part by the criminal acts of their spouse or domestic partner in violation of this section, the community property may not be used to discharge the liability of the offending spouse or domestic partner for restitution to the injured spouse or domestic partner, required by

Section 1203.04, as operative on or before August 2, 1995, or

Section 1202.4, or to a shelter for costs with regard to the injured spouse or domestic partner and dependents, required by this section, until all separate property of the offending spouse or domestic partner is exhausted. (j)

(1) Upon conviction under subdivision (a), the sentencing court shall also consider issuing an order restraining the defendant from contact with the victim, which may be valid for up to years, as determined by the court. It is the intent of the Legislature that the length of a restraining order be based upon the seriousness of the facts before the court, the probability of future violations, the safety of the victim and their immediate family, and the information provided to the court pursuant to

Section 273.75.This protective order may be issued by the court whether the defendant is sentenced to state prison or county jail, or if imposition of sentence is suspended and the defendant is placed on probation.

(2) Upon a written petition by the prosecuting attorney, defendant, or victim, the issuing court may modify or terminate a protective order for good cause provided the prosecuting attorney, defendant, and victim are notified at least days before the hearing on the petition. (

k) If a peace officer makes an arrest for a violation of this section, the peace officer is not required to inform the victim of their right to make a citizen’s arrest pursuant to subdivision (

b) of

Section 836.

SEC. 2. No reimbursement is required by this act pursuant to

Section of

Article XIII B of the California Constitution because the only costs that may be incurred by a local agency or school district will be incurred because this act creates a new crime or infraction, eliminates a crime or infraction, or changes the penalty for a crime or infraction, within the meaning of

Section of the Government Code, or changes the definition of a crime within the meaning of

Section of

Article XIII B of the California Constitution. <caml:Num>SECTION 1.</caml:Num><caml:ActionLine action="IS_AMENDED" xlink:href="urn:caml:codes:PEN:caml#xpointer(%2Fcaml%3ALawDoc%2Fcaml%3ACode%2Fcaml%3ALawHeading%5B%40type%3D'PART'%20and%20caml%3ANum%3D'1.'%5D%2Fcaml%3ALawHeading%5B%40type%3D'TITLE'%20and%20caml%3ANum%3D'16.'%5D%2Fcaml%3ALawSection%5Bcaml%3ANum%3D'667.1.'%5D)" xlink:label="fractionType: LAW_SECTION" xlink:type="locator">Section 667.1 of the <caml:DocName>Penal Code</caml:DocName> is amended to read:</caml:ActionLine><caml:Fragment><caml:LawSection id="id_F8BA9E8B-81B9-44B5-B45C-DF8FAA1E6513"><caml:Num>667.1.</caml:Num><caml:LawSectionVersion id="id_86DFFEC9-39D0-4D5B-9936-7D83B8BD7EA0"><caml:Content><xhtml:p>(a)<xhtml:span class="EnSpace"/>Notwithstanding subdivision (

h) of

Section 667, for an offense committed on or after November 7, 2012, but before January 1, 2024, all references to existing statutes in subdivisions (

c) to (g), inclusive, of

Section 667, are to those statutes as they read on November 7, 2012.</xhtml:p><xhtml:p>(b)<xhtml:span class="EnSpace"/>Notwithstanding subdivision (

h) of

Section 667, for an offense committed on or after January 1, 2024, but before January 1, 2026, all references to existing statutes in subdivisions (

c) to (g), inclusive, of

Section 667, are to those statutes as they read on January 1, 2024.</xhtml:p><xhtml:p>(c)<xhtml:span class="EnSpace"/>Notwithstanding subdivision (

h) of

Section 667, for an offense committed on or after January 1, 2026, all references to existing statutes in subdivisions (

c) to (g), inclusive, of

Section 667, are to those statutes as they read on January 1, 2026.</xhtml:p></caml:Content></caml:LawSectionVersion></caml:LawSection></caml:Fragment></caml:BillSection><caml:BillSection id="id_E7DE3CD0-90CE-4E3E-A7E4-D95F76F5178C"><caml:Num>SEC. 2.</caml:Num><caml:ActionLine action="IS_AMENDED" xlink:href="urn:caml:codes:PEN:caml#xpointer(%2Fcaml%3ALawDoc%2Fcaml%3ACode%2Fcaml%3ALawHeading%5B%40type%3D'PART'%20and%20caml%3ANum%3D'1.'%5D%2Fcaml%3ALawHeading%5B%40type%3D'TITLE'%20and%20caml%3ANum%3D'16.'%5D%2Fcaml%3ALawSection%5Bcaml%3ANum%3D'667.5.'%5D)" xlink:label="fractionType: LAW_SECTION" xlink:type="locator">Section 667.5 of the <caml:DocName>Penal Code</caml:DocName> is amended to read:</caml:ActionLine><caml:Fragment><caml:LawSection id="id_69DEE3BF-8755-4EA8-9B39-68F92E501EC4"><caml:Num>667.5.</caml:Num><caml:LawSectionVersion id="id_84C1DA46-2834-4712-9A82-F6AB91F95BD9"><caml:Content><xhtml:p>Enhancement of prison terms for new offenses because of prior prison terms shall be imposed as follows:</xhtml:p><xhtml:p>(a)<xhtml:span class="EnSpace"/>If one of the new offenses is one of the violent felonies specified in subdivision (c), in addition to and consecutive to any other prison terms therefor, the court shall impose a three-year term for each prior separate prison term served by the defendant if the prior offense was one of the violent felonies specified in subdivision (c).

However, an additional term shall not be imposed pursuant to this subdivision for a prison term served prior to a period of years in which the defendant remained free of both prison custody and the commission of an offense that results in a felony conviction.</xhtml:p><xhtml:p>(b)<xhtml:span class="EnSpace"/>Except if subdivision (

a) applies, if the new offense is a felony for which a prison sentence or a sentence of imprisonment in a county jail under subdivision (

h) of

Section is imposed or is not suspended, in addition and consecutive to any other sentence therefor, the court shall impose a one-year term for each prior separate prison term for a sexually violent offense, as defined in subdivision (

b) of

Section of the Welfare and Institutions Code, provided that an additional term shall not be imposed under this subdivision for a prison term served prior to a period of five years in which the defendant remained free of both the commission of an offense that results in a felony conviction and prison custody or the imposition of a term of jail custody imposed under subdivision (

h) of

Section or a felony sentence that is not suspended.</xhtml:p><xhtml:p>(c)<xhtml:span class="EnSpace"/>The Legislature finds and declares that the following specified crimes merit special consideration when imposing a sentence to display condemnation by society for these extraordinary crimes of violence against the person.

For the purpose of this section, “violent felony” means any of the following:</xhtml:p><xhtml:p>(1)<xhtml:span class="EnSpace"/>Murder or voluntary manslaughter.</xhtml:p><xhtml:p>(2)<xhtml:span class="EnSpace"/>Mayhem.</xhtml:p><xhtml:p>(3)<xhtml:span class="EnSpace"/>Rape as defined in paragraph (2) or (6) of subdivision (

a) of

Section or paragraph (1) or (4) of subdivision (

a) of former

Section 262.</xhtml:p><xhtml:p>(4)<xhtml:span class="EnSpace"/>Sodomy as defined in subdivision (

c) or (

d) of

Section 286.</xhtml:p><xhtml:p>(5)<xhtml:span class="EnSpace"/>Oral copulation as defined in subdivision (

c) or (

d) of

Section or of former

Section 288a.</xhtml:p><xhtml:p>(6)<xhtml:span class="EnSpace"/>A lewd or lascivious act as defined in subdivision (

a) or (

b) of

Section 288.</xhtml:p><xhtml:p>(7)<xhtml:span class="EnSpace"/>A felony punishable by death or imprisonment in the state prison for life.</xhtml:p><xhtml:p>(8)<xhtml:span class="EnSpace"/>A felony in which the defendant inflicts great bodily injury on a person other than an accomplice that has been charged and proved as provided for in

Section 12022.7, 12022.8, or 12022.9 on or after July 1, 1977, or as specified prior to July 1, 1977, in Sections 213, 264, and 461, or a felony in which the defendant uses a firearm that has been charged and proved as provided in subdivision (

a) of

Section 12022.3,

Section 12022.5, or

Section 12022.55.</xhtml:p><xhtml:p>(9)<xhtml:span class="EnSpace"/>Robbery.</xhtml:p><xhtml:p>(10)<xhtml:span class="EnSpace"/>Arson in violation of subdivision (

a) or (

b) of

Section 451.</xhtml:p><xhtml:p>(11)<xhtml:span class="EnSpace"/>Sexual penetration as defined in subdivision (

a) or (

j) of

Section 289.</xhtml:p><xhtml:p>(12)<xhtml:span class="EnSpace"/>Attempted murder.</xhtml:p><xhtml:p>(13)<xhtml:span class="EnSpace"/>A violation of

Section 18745, 18750, or 18755.</xhtml:p><xhtml:p>(14)<xhtml:span class="EnSpace"/>Kidnapping.</xhtml:p><xhtml:p>(15)<xhtml:span class="EnSpace"/>Assault with the intent to commit a specified felony in violation of

Section 220.</xhtml:p><xhtml:p>(16)<xhtml:span class="EnSpace"/>Continuous sexual abuse of a child in violation of

Section 288.5.</xhtml:p><xhtml:p>(17)<xhtml:span class="EnSpace"/>Carjacking as defined in subdivision (

a) of

Section 215.</xhtml:p><xhtml:p>(18)<xhtml:span class="EnSpace"/>Rape or sexual penetration, in concert, in violation of

Section 264.1.</xhtml:p><xhtml:p>(19)<xhtml:span class="EnSpace"/>Extortion, as defined in

Section 518, that would constitute a felony violation of

Section 186.22.</xhtml:p><xhtml:p>(20)<xhtml:span class="EnSpace"/>Threats to victims or witnesses, as defined in

Section 136.1, that would constitute a felony violation of

Section 186.22.</xhtml:p><xhtml:p>(21)<xhtml:span class="EnSpace"/>Burglary of the first degree, as defined in subdivision (

a) of

Section 460, if it is charged and proved that another person, other than an accomplice, was present in the residence during the commission of the burglary.</xhtml:p><xhtml:p>(22)<xhtml:span class="EnSpace"/>A violation of

Section 12022.53.</xhtml:p><xhtml:p>(23)<xhtml:span class="EnSpace"/>A violation of subdivision (

b) or (

c) of

Section 11418.</xhtml:p><xhtml:p>(24)<xhtml:span class="EnSpace"/>Rape as defined in paragraph (3) of subdivision (

a) of

Section 261, if it is pleaded and proved that the defendant caused the intoxication by administering a controlled substance to the victim without their consent and with the intent to sexually assault the victim.</xhtml:p><xhtml:p>(25)<xhtml:span class="EnSpace"/>A felony domestic violence violation of

Section 273.5.</xhtml:p><xhtml:p>(d)<xhtml:span class="EnSpace"/>For the purposes of this section, the defendant shall be deemed to remain in prison custody for an offense until the official discharge from custody, including a period of mandatory supervision, or until release on parole or postrelease community supervision, whichever occurs first, including time during which the defendant remains subject to reimprisonment or custody in county jail for escape from custody or is reimprisoned on revocation of parole or postrelease community supervision.

The additional penalties provided for prior prison terms shall not be imposed unless they are charged and admitted or found true in the action for the new offense.</xhtml:p><xhtml:p>(e)<xhtml:span class="EnSpace"/>The additional penalties provided for prior prison terms shall not be imposed for a felony for which the defendant did not serve a prior separate term in state prison or in county jail under subdivision (

h) of

Section 1170.</xhtml:p><xhtml:p>(f)<xhtml:span class="EnSpace"/>A prior conviction of a felony shall include a conviction in another jurisdiction for an offense that, if committed in California, is punishable by imprisonment in the state prison or in county jail under subdivision (

h) of

Section if the defendant served one year or more in prison for the offense in the other jurisdiction. A prior conviction of a particular felony shall include a conviction in another jurisdiction for an offense that includes all of the elements of the particular felony as defined under California law if the defendant served one year or more in prison for the offense in the other jurisdiction.</xhtml:p><xhtml:p>(g)<xhtml:span class="EnSpace"/>A prior separate prison term for the purposes of this

section shall mean a continuous completed period of prison incarceration imposed for the particular offense alone or in combination with concurrent or consecutive sentences for other crimes, including reimprisonment on revocation of parole that is not accompanied by a new commitment to prison, and including reimprisonment after an escape from incarceration.</xhtml:p><xhtml:p>(h)<xhtml:span class="EnSpace"/>Serving a prison term includes confinement time in a state prison or federal penal institution as punishment for commission of an offense, including confinement in a hospital or other institution or facility credited as service of prison time in the jurisdiction of the confinement.</xhtml:p><xhtml:p>(i)<xhtml:span class="EnSpace"/>For the purposes of this section, a commitment to the State Department of Mental Health, or its successor the State Department of State Hospitals, as a mentally disordered sex offender following a conviction of a felony, which commitment exceeds one year in duration, shall be deemed a prior prison term.</xhtml:p><xhtml:p>(j)<xhtml:span class="EnSpace"/>For the purposes of this section, if a person subject to the custody, control, and discipline of the Secretary of the Department of Corrections and Rehabilitation is incarcerated at a facility operated by the Division of Juvenile Justice, that incarceration shall be deemed to be a term served in state prison.</xhtml:p><xhtml:p>(k)<xhtml:span class="EnSpace"/>(1)<xhtml:span class="EnSpace"/>Notwithstanding subdivisions (

d) and (

g) or any other law, if one of the new offenses is committed while the defendant is temporarily removed from prison pursuant to

Section or while the defendant is transferred to a community facility pursuant to

Section 3416, 6253, or 6263, or while the defendant is on furlough pursuant to

Section 6254, the defendant shall be subject to the full enhancements provided for in this section.</xhtml:p><xhtml:p>(2)<xhtml:span class="EnSpace"/>This subdivision does not apply if a full, separate, and consecutive term is imposed pursuant to any other law.</xhtml:p></caml:Content></caml:LawSectionVersion></caml:LawSection></caml:Fragment></caml:BillSection><caml:BillSection id="id_908910B1-6D78-47D0-8837-2DE686189B98"><caml:Num>SEC. 3.</caml:Num><caml:ActionLine action="IS_AMENDED" xlink:href="urn:caml:codes:PEN:caml#xpointer(%2Fcaml%3ALawDoc%2Fcaml%3ACode%2Fcaml%3ALawHeading%5B%40type%3D'PART'%20and%20caml%3ANum%3D'2.'%5D%2Fcaml%3ALawHeading%5B%40type%3D'TITLE'%20and%20caml%3ANum%3D'7.'%5D%2Fcaml%3ALawHeading%5B%40type%3D'CHAPTER'%20and%20caml%3ANum%3D'4.5.'%5D%2Fcaml%3ALawHeading%5B%40type%3D'ARTICLE'%20and%20caml%3ANum%3D'1.'%5D%2Fcaml%3ALawSection%5Bcaml%3ANum%3D'1170.125.'%5D)" xlink:label="fractionType: LAW_SECTION" xlink:type="locator">Section 1170.125 of the <caml:DocName>Penal Code</caml:DocName> is amended to read:</caml:ActionLine><caml:Fragment><caml:LawSection id="id_99463A22-DA5D-42DA-B1FD-40EBEC2342EF"><caml:Num>1170.125.</caml:Num><caml:LawSectionVersion id="id_FF7FE0E1-23F6-415F-B6B1-0F50E3CEF185"><caml:Content><xhtml:p>(a)<xhtml:span class="EnSpace"/>Notwithstanding

Section of Proposition 184, as adopted at the November 8, 1994, statewide general election, for an offense committed on or after November 7, 2012, but before January 1, 2024, all references to existing statutes in Sections 1170.12 and 1170.126 are to those sections as they read on November 7, 2012.</xhtml:p><xhtml:p>(b)<xhtml:span class="EnSpace"/>Notwithstanding

Section of Proposition 184, as adopted at the November 8, 1994, statewide general election, for an offense committed on or after January 1, 2024, but before January 1, 2026, all references to existing statutes in Sections 1170.12 and 1170.126 are to those sections as they read on January 1, 2024.</xhtml:p><xhtml:p>(c)<xhtml:span class="EnSpace"/>Notwithstanding

Section of Proposition 184, as adopted at the November 8, 1994, statewide general election, for an offense committed on or after January 1, 2026, all references to existing statutes in Sections 1170.12 and 1170.126 are to those sections as they read on January 1, 2026.</xhtml:p></caml:Content></caml:LawSectionVersion></caml:LawSection></caml:Fragment></caml:BillSection><caml:BillSection id="id_80CDE46A-E0EC-45E1-BA20-B2D3AE08EBFF"><caml:Num>SEC. 4.</caml:Num><caml:Content><xhtml:p>No reimbursement is required by this act pursuant to

Section of

Article XIII<xhtml:span class="ThinSpace"/>B of the California Constitution because the only costs that may be incurred by a local agency or school district will be incurred because this act creates a new crime or infraction, eliminates a crime or infraction, or changes the penalty for a crime or infraction, within the meaning of

Section of the Government Code, or changes the definition of a crime within the meaning of

Section of

Article XIII<xhtml:span class="ThinSpace"/>B of the California Constitution.</xhtml:p></caml:Content></caml:BillSection>"?>