Pending Issues & Legislation

Pending Issues

New and Pending Legislation

Important Dates:

Full Legislative Calendar

January 3, 2022: Legislature reconvenes for 2022 legislative session.

January 31, 2022: Last day for each house to pass bills introduced in that house during 2021 legislative session.

February 18, 2022: Last day for bills to be introduced.

May 27, 2022: Last day for each house to pass bills introduced in that house.

August 31, 2022: Last day for bills to be passed.

September 30, 2022: Last day for Governor to sign or veto bills passed by Legislature.

Additional Resources:

California Legislative Information

Glossary of Legislative Terms

Judicial Council Court-Related Legislation

Table of New and Pending Legislation:

Bill / StatusSummary (Enacted Bills Only)Retroactivity (Enacted Ameliorative Criminal and Delinquency Bills Only)
Assembly Bill 124 – Criminal procedure

Enacted Oct. 8, 2021.

Effective Jan. 1, 2022.
Expands coercion defense for human trafficking victims and extends it to victims of intimate partner violence and sexual violence. Extends petitioning process for human trafficking victims to victims of intimate partner violence and sexual violence. Requires prosecutors to consider certain mitigating factors in plea bargaining. In conjunction with AB 1540 and SB 567, makes additional changes to PC 1170(b) and PC 1170.03.

AB 124 and SB 567’s amendments to PC 1170(b) apply retroactively to nonfinal cases. (See People v. Banner (Cal. Ct. App., Apr. 8, 2022, F079770); People v. Garcia (Cal. Ct. App., Mar. 28, 2022, B306081); People v. Flores (Cal. Ct. App., Jan. 13, 2022, A160578, A161643).)

Assembly Bill 177 – Public safety

Enacted Sep. 23, 2021.

Effective Jan. 1, 2022.
Eliminates 17 fees/costs, makes associated outstanding debt unenforceable, and requires that any portion of a judgment imposing such fees/costs be vacated.

Analysis of AB 177
Expressly retroactive to both nonfinal and final cases. (See PC 1465.9(b); VC 42240; People v. Greeley (2021) 70 Cal.App.5th 609 [construing similarly-worded statutory amendments made by AB 1869]; People v. Lopez-Vinck (2021) 68 Cal.App.5th 945 [same]; People v. Clark (2021) 67 Cal.App.5th 248 [same].)
Assembly Bill 256 – Criminal procedure: discrimination

Introduced Jan. 14, 2021.

Pending in Legislature.
  
Assembly Bill 282 – Misdemeanor diversion

Introduced Jan. 21, 2021.

Pending in Legislature.
  
Assembly Bill 333 – Participation in a criminal street gang: enhanced sentence

Enacted Oct. 8, 2021.

Effective Jan. 1, 2022.
Amends PC 186.22 to redefine key terms in a defense-friendly manner and to eliminate the use of certain prior offenses, as well as the currently charged offense, to establish a pattern of gang activity. Adds PC 1109 to require, upon defense request, bifurcation of trial on a charged gang enhancement.

AB 333’s amendments to PC 186.22 apply retroactively to nonfinal cases. (See People v. Hall (Cal. Ct. App., Feb. 22, 2022, E072463); People v. Delgado (Cal. Ct. App., Feb. 10, 2022, B299482); People v. Lopez (Cal. Ct. App., Dec. 29, 2021, B301050).)

There is currently (as of May 2, 2022) a split of authority as to whether AB 333’s addition of PC 1109 applies retroactively to nonfinal cases. (Compare People v. Perez (Cal. Ct. App., May 2, 2023, B300396) with People v. Ramos (Cal. Ct. App., Apr. 27, 2022, F080916), People v. Burgos (Cal. Ct. App., Apr. 15, 2022, H045212).)

Assembly Bill 518 – Criminal law: violations punishable in multiple ways

Enacted Oct. 1, 2021.

Effective Jan. 1, 2022.
Amends PC 654 to allow criminal conduct punishable in different ways by different provisions of law to be punished under any of those provisions, rather than only the provision providing for the longest potential term of imprisonment.AB 518’s amendments to PC 654 apply retroactively to nonfinal cases. (See People v. Mendoza (Cal. Ct. App., Feb. 3, 2022, B306169); People v. Mani (Cal. Ct. App., Jan. 26, 2022, C088716).)
Assembly Bill 624 – Juveniles: transfer to court of criminal jurisdiction: appeals

Enacted September 22, 2021.

Effective January 1, 2022.
Makes an order transferring a minor from juvenile court to adult criminal court an appealable order subject to immediate review through an interlocutory appeal filed within 30 days of the transfer order. 
Assembly Bill 764 – Contempt of court: victim intimidation

Enacted Oct. 8, 2021.

Effective Jan. 1, 2022.
Amends PC 166(a)(4) and 166(b)(1), regarding misdemeanor contempt for persons previously convicted of stalking.No published authority on retroactivity yet.
Assembly Bill 788 – Juveniles: reunification

Enacted Sep. 22, 2021.

Effective Jan. 1, 2022.
Clarifies that, as used in WIC 361.5(b)(13), “resisted” means that the parent or guardian refused to participate meaningfully in a prior court-ordered treatment program, and does not include “passive resistance” as described in In re B.E. (2020) 46 Cal.App.5th 932. 
Assembly Bill 788 – Juveniles: reunification

Enacted Sep. 22, 2021.

Effective Jan. 1, 2022.
Clarifies that, as used in WIC 361.5(b)(13), “resisted” means that the parent or guardian refused to participate meaningfully in a prior court-ordered treatment program, and does not include “passive resistance” as described in In re B.E. (2020) 46 Cal.App.5th 932. 

Assembly Bill 931 – Sentencing: dismissal of enhancements

Introduced Feb. 17, 2021.

Pending in Legislature.

  
Assembly Bill 960 – Medical parole

Introduced Feb. 17, 2021.

Pending in Legislature.
  
Assembly Bill 1171 – Rape of a spouse

Enacted Oct. 7, 2021.

Effective Jan. 1, 2022.
Includes spousal rape in the broader definition of rape and makes a person convicted of spousal rape subject to mandatory imprisonment and the sex offender registry list. 
Assembly Bill 1228 – Supervised persons: release

Enacted Oct. 5, 2021.

Effective Jan. 1, 2022.
Restricts trial courts’ ability to detain probationers alleged to have violated their conditions of probation pending a formal hearing on the alleged violation. 
Assembly Bill 1259 – Criminal procedure: motion to vacate

Enacted Sep. 30, 2021.

Effective Jan. 1, 2022.
Amends PC 1473.7 to allow persons convicted either by plea or at trial to file a motion to vacate their conviction based on inadequate advice regarding immigration consequences. 
Assembly Bill 1509 – Enhancements: firearms

Introduced Feb. 19, 2021.

Not passed by Legislature. Died pursuant to Cal. Const., Art. IV, Sec. 10(c).
  
Assembly Bill 1540 – Criminal procedure: resentencing

Enacted Oct. 8, 2021.

Effective Jan. 1, 2022.
In conjunction with AB 124, adds procedural requirements to the recall and resentencing mechanism currently set out at PC 1170(d)(1) and moves the mechanism to a new statute, PC 1170.03.AB 124 and AB 1540’s amendments to PC 1170(d)(1) and PC 1170.03 apply retroactively to nonfinal cases. (See People v. McMurray (Cal. Ct. App., Mar. 30, 2022, C090767).)
Assembly Bill 1597 – Shoplifting: increased penalties for prior crimes

Introduced Jan. 3, 2022.

Not passed by Legislature. Died pursuant to house-of-origin deadline.
  
Assembly Bill 1598 – Controlled substances: paraphernalia: fentanyl testing

Introduced Jan. 3, 2022.

Pending in Legislature.
  
Assembly Bill 1599 – Proposition 47: repeal

Introduced Jan. 3, 2022.

Not passed by Legislature. Died pursuant to house-of-origin deadline.
  
Assembly Bill 1603 – Theft: shoplifting: amount

Introduced Jan. 3, 2022.

Not passed by Legislature. Died pursuant to house-of-origin deadline.
  
Assembly Bill 1613 – Theft: jurisdiction

Introduced Jan. 5, 2022.

Pending in Legislature.
  
Assembly Bill 1630 – Competence to stand trial: statewide application

Introduced Jan. 11, 2022.

Pending in Legislature.
  
Assembly Bill 1641 – Sexually violent predators

Introduced Jan. 12, 2022.

Pending in Legislature.
  
Assembly Bill 1665 – Trafficking a minor: plea bargains

Introduced Jan. 19, 2022.

Not passed by Legislature. Died pursuant to house-of-origin deadline.
  
Assembly Bill 1698 – Organized Package Theft Act

Introduced Jan. 25, 2022.

Not passed by Legislature. Died pursuant to house-of-origin deadline.
  
Assembly Bill 1706 – Cannabis crimes: resentencing

Introduced Jan. 26, 2022.

Pending in Legislature.
  
Assembly Bill 1725 – Illegal cultivation of cannabis

Introduced Jan. 27, 2022.

Not passed by Legislature. Died pursuant to house-of-origin deadline.
  
Assembly Bill 1744 – Probation and mandatory supervision: flash incarceration

Introduced Jan. 31, 2022.

Pending in Legislature.
  
Assembly Bill 1803 – Probation: ability to pay

Introduced Feb. 7, 2022.

Pending in Legislature.
  
Assembly Bill 1835 – Sexually violent predators: conditional release: placement location

Introduced Feb. 7, 2022.

Not passed by Legislature. Died pursuant to house-of-origin deadline.
  
Assembly Bill 1847 – Criminal procedure: victims’ rights

Introduced Feb. 8, 2022.

Pending in Legislature.
  
Assembly Bill 1869 – Firearms: unserialized firearms

Introduced Feb. 8, 2022.

Not passed by Legislature. Died pursuant to house-of-origin deadline.
  
Assembly Bill 1899 – Crimes: false personation

Introduced Feb. 9, 2022.

Pending in Legislature.
  
Assembly Bill 1924 – Criminal law: certificate of rehabilitation

Introduced Feb. 9, 2022.

Pending in Legislature.
  
Assembly Bill 1928 – Hope California: Secured Residential Treatment Pilot Program

Introduced Feb. 9, 2020.

Not passed by Legislature. Died pursuant to house-of-origin deadline.
  
Assembly Bill 1970 – Solicitation of prostitution from a minor

Introduced Feb. 10, 2022.

Not passed by Legislature. Died pursuant to house-of-origin deadline.
  
Assembly Bill 1980 – Statute of limitation: ransomware

Introduced Feb. 10, 2022.

Not passed by Legislature. Died pursuant to house-of-origin deadline.
  
Assembly Bill 2017 – Evidence: hearsay: exceptions

Introduced Feb. 14, 2022.

Not passed by Legislature. Died pursuant to house-of-origin deadline.
  
Assembly Bill 2027 – Criminal sentencing: dismissal of enhancements

Introduced Feb. 14, 2022.

Not passed by Legislature. Died pursuant to house-of-origin deadline.
  
Assembly Bill 2040 – Criminal procedure: restraining order violation

Introduced Feb. 14, 2022.

Not passed by Legislature. Died pursuant to house-of-origin deadline.
  
Assembly Bill 2126 – Controlled substances

Introduced Feb. 15, 2022.

Not passed by Legislature. Died pursuant to house-of-origin deadline.
  
Assembly Bill 2138 – Domestic violence: probation: sobriety-monitoring programs

Introduced Feb. 15, 2022.

Not passed by Legislature. Died pursuant to house-of-origin deadline.
  
Assembly Bill 2151 – Booking fees: crimes related to sex purchasing

Introduced Feb. 15, 2022.

Not passed by Legislature. Died pursuant to house-of-origin deadline.
  
Assembly Bill 2169 – Criminal procedure

Introduced Feb. 15, 2022.

Pending in Legislature.
  
Assembly Bill 2195 – Crimes: nuisance

Introduced Feb. 15, 2022.

Pending in Legislature.
  
Assembly Bill 2198 – Vehicles: driving under the influence

Introduced Feb. 15, 2022.

Passed by Legislature. Awaiting response from Governor.
  
Assembly Bill 2239 – Firearms: prohibited persons

Introduced Feb. 16, 2022.

Pending in Legislature.
  
Assembly Bill 2282 – Hate crimes: nooses, crosses, and swastikas

Introduced Feb. 16, 2022.

Pending in Legislature.
  
Assembly Bill 2294 – Diversion for repeat retail theft crimes

Introduced Feb. 16, 2022.

Pending in Legislature.
  
Assembly Bill 2333 – Hate crimes: peace officers

Introduced Feb. 16, 2022.

Not passed by Legislature. Died pursuant to house-of-origin deadline.
  

Assembly Bill 2356 – Theft: aggregation

Introduced Feb. 16, 2022. 

Enacted Jun. 20, 2022.

Effective Jan. 1, 2023.

Amends PC 487 to specify that if the value of the property taken exceeds $950 “over the course of distinct but related acts,” the value of the property taken “may properly be aggregated to charge a count of grand theft, if the acts are motivated by one intention, one general impulse, and one plan.” Expressly states that the amendment “is declaratory of existing law in People v. Bailey (1961) 55 Cal.2d 514.”

 
Assembly Bill 2361 – Juveniles: transfer to court of criminal jurisdiction

Introduced Feb. 16, 2022.

Pending in Legislature.
  
Assembly Bill 2366 – Controlled substances

Introduced Feb. 16, 2022.

Not passed by Legislature. Died pursuant to house-of-origin deadline.
  
Assembly Bill 2374 – Crimes against public health and safety: illegal dumping

Introduced Feb. 16, 2022.

Pending in Legislature.
  
Assembly Bill 2398 – Catalytic converters

Introduced Feb. 17, 2022.

Not passed by Legislature. Died pursuant to house-of-origin deadline.
  
Assembly Bill 2409 – Parole: victim’s rights

Introduced Feb. 17, 2022.

Not passed by Legislature. Died pursuant to house-of-origin deadline.
  
Assembly Bill 2417 – Juveniles: Youth Bill of Rights

Introduced Feb. 17, 2022.

Pending in Legislature.
  
Assembly Bill 2435 – Jury instructions: lesser-related offenses

Introduced Feb. 17, 2022.

Not passed by Legislature. Died pursuant to house-of-origin deadline.
  
Assembly Bill 2543 – Theft and burglary

Introduced Feb. 17, 2022.

Not passed by Legislature. Died pursuant to house-of-origin deadline.
  
Assembly Bill 2545 – Theft: receiving stolen property: firearms

Introduced Feb. 17, 2022.

Not passed by Legislature. Died pursuant to house-of-origin deadline.
  
Assembly Bill 2555 – Domestic violence: probation: sobriety-monitoring programs

Introduced Feb. 17, 2022.

Not passed by Legislature. Died pursuant to house-of-origin deadline.
  
Assembly Bill 2588 – Crimes: obstruction of justice

Introduced Feb. 18, 2022.

Pending in Legislature.
  
Assembly Bill 2595 – Juveniles: dependency: jurisdiction of the juvenile court

Introduced Feb. 18, 2022.

Pending in Legislature.
  
Assembly Bill 2632 – Segregated confinement

Introduced Feb. 18, 2022.

Pending in Legislature.
  
Assembly Bill 2644 – Juveniles: custodial interrogation

Introduced Feb. 18, 2022.

Pending in Legislature.
  
Assembly Bill 2657 – Incarcerated person’s competence

Introduced Feb. 18, 2022.

Pending in Legislature.
  
Assembly Bill 2658 – Juveniles: electronic monitoring

Introduced Feb. 18, 2022.

Pending in Legislature.
  
Assembly Bill 2706 – Innocence Commission Pilot Programs

Introduced Feb. 18, 2022.

Not passed by Legislature. Died pursuant to house-of-origin deadline.
  
Assembly Bill 2712 – Criminal procedure: search warrants

Introduced Feb. 18, 2022.

Not passed by Legislature. Died pursuant to house-of-origin deadline.
  
Assembly Bill 2715 – Organized retail theft

Introduced Feb. 18, 2022.

Not passed by Legislature. Died pursuant to house-of-origin deadline.
  
Assembly Bill 2718 – Crimes: theft

Introduced Feb. 18, 2022.

Not passed by Legislature. Died pursuant to house-of-origin deadline.
  
Assembly Bill 2799 – Criminal trials: jury instructions

Introduced Feb. 18, 2022.

Pending in Legislature.
  
Senate Bill 73 – Probation: eligibility: crimes relating to controlled substances

Enacted Oct. 5, 2021.

Effective Jan. 1, 2022.
Expands trial courts’ discretion to grant probation in a range of felony drug cases.No published authority on retroactivity yet.
Senate Bill 81 – Sentencing: dismissal of enhancements

Enacted Oct. 8, 2021.

Effective Jan. 1, 2022.
Amends PC 1385 to encourage trial courts to dismiss enhancements where doing so is in furtherance of justice.Expressly not retroactive. (See PC 1385(c)(7).) Applicable to sentencings – and resentencings – occurring after Jan. 1, 2022. (See People v. Sek (Cal. Ct. App., Feb. 22, 2022, B309003).)
Senate Bill 82 – Petty theft   

Introduced Dec. 15, 2020.

Not passed by Legislature. Died pursuant to Cal. Const., Art. IV, Sec. 10(c).
  
Senate Bill 243 – Trial testimony: expert witnesses: habeas corpus

Introduced Jan. 21, 2021.

Not passed by Legislature. Died pursuant to Cal. Const., Art. IV, Sec. 10(c).
  
Senate Bill 300 – Crimes: murder: punishment

Introduced Feb. 3, 2021.

Pending in Legislature.
  
Senate Bill 317 – Competence to stand trial

Enacted Oct. 6, 2021.

Effective Jan. 1, 2022.
Amends PC 4019 to ensure that a person receives day-for-day presentence conduct credits for time spent confined in a mental health treatment facility while criminal proceedings were suspended on competency grounds.SB 317’s amendments to PC 4019 do not apply retroactively. (See People v. Orellana (Cal. Ct. App., Jan. 25, 2022, H048315).)
Senate Bill 383 – Juveniles: informal supervision: deferred entry of judgment

Enacted Oct. 6, 2021.

Effective Jan. 1, 2022.
Authorizes a juvenile court receiving a delinquency case transferred from another county to determine whether an eligible minor is suitable for deferred entry of judgment if the transferring court did not do so. Expands the circumstances under which a minor is eligible for informal supervision.No published authority on retroactivity yet.
Senate Bill 481 – Sentencing: special circumstances

Introduced Feb. 17, 2021.

Not passed by Legislature. Died pursuant to Cal. Const., Art. IV, Sec. 10(c).
  
Senate Bill 483 – Sentencing: resentencing to remove sentencing enhancements

Enacted Oct. 8, 2021.

Effective Jan. 1, 2022.
Requires CDCR and county correctional administrators to identify any person in their custody serving a sentence based on an enhancement repealed by SB 180 (2017) or SB 136 (2019), including any person whose sentence is final, and to notify the sentencing court, which must then resentence the person to remove the repealed enhancement.Expressly retroactive to nonfinal and final cases. (See PC 1171, 1171.1.)
Senate Bill 567 – Criminal procedure: sentencing

Enacted Oct. 8, 2021.

Effective Jan. 1, 2022.
In conjunction with AB 124, amends PC 1170(b) and PC 1170.1(d) to overhaul the determinate sentencing framework by allowing imposition of upper-term sentences only where aggravating circumstances justifying such a sentence are proven beyond a reasonable doubt at trial, and by requiring imposition of lower-term sentences in certain cases.

AB 124 and SB 567’s amendments to PC 1170(b) apply retroactively to nonfinal cases. (See People v. Banner (Cal. Ct. App., Apr. 8, 2022, F079770); People v. Garcia (Cal. Ct. App., Mar. 28, 2022, B306081); People v. Flores (Cal. Ct. App., Jan. 13, 2022, A160578, A161643).)

Senate Bill 775 – Felony murder: resentencing

Enacted Oct. 5, 2021.

Effective Jan. 1, 2022.
Amends PC 1170.95 to, among other things, clarify that persons convicted of attempted murder and manslaughter are eligible for resentencing under the statute.

OSPD Memo on SB 775

OSPD SB 775 Pro Per Packet

SB 775 Preliminary Cheat Sheet and Advice

SB 775’s amendments to PC 1170.95 apply retroactively to nonfinal cases. (See People v. Langi (Cal. Ct. App., Jan. 12, 2022, A160262); People v. Porter (Cal. Ct. App., Jan. 6, 2022, F080921); People v. Montes (2021) 71 Cal.App.5th 1001; but see People v. Owens (Cal. Ct. App., May 18, 2022, B310427) [dicta].)

Senate Bill 904 – Controlled substances: treatment

Introduced Feb. 1, 2022.

Pending in Legislature.
  
Senate Bill 981 – Criminal procedure: factual innocence

Introduced Feb. 10, 2022.

Pending in Legislature.
  
Senate Bill 990 – Parole: county of release

Introduced Feb. 14, 2022.

Pending in Legislature.
  
Senate Bill 1042 – Violent felonies: serious felonies: human trafficking

Introduced Feb. 15, 2022.

Not passed by Legislature. Died pursuant to house-of-origin deadline.
  
Senate Bill 1053 – Fentanyl

Introduced Feb. 15, 2022.

Not passed by Legislature. Died pursuant to house-of-origin deadline.
  
Senate Bill 1060 – Controlled substances: fentanyl and oxycodone

Introduced Feb. 15, 2022

Not passed by Legislature. Died pursuant to house-of-origin deadline.
  
Senate Bill 1070 – Controlled substances: possession of firearms

Introduced Feb. 15, 2022.

Not passed by Legislature. Died pursuant to house-of-origin deadline.
  
Senate Bill 1072 – Violent felonies: human trafficking

Introduced Feb. 15, 2022.

Not passed by Legislature. Died pursuant to house-of-origin deadline.
  
Senate Bill 1081 – Disorderly conduct: peeping, recording, and distribution of intimate images

Introduced Feb. 15, 2022.

Pending in Legislature.
  
Senate Bill 1106 – Criminal resentencing: restitution

Introduced Feb. 16, 2022.

Pending in Legislature.
  
Senate Bill 1108 – Shoplifting: increased penalties for prior crimes

Introduced Feb. 16, 2022.

Not passed by Legislature. Died pursuant to house-of-origin deadline.
  
Senate Bill 1110 – Trespass

Introduced Feb. 16, 2022.

Pending in Legislature.
  
Senate Bill 1129 – Felony murder: resentencing: peace officer victims

Introduced Feb. 16, 2022.

Not passed by Legislature. Died pursuant to house-of-origin deadline.
  
Senate Bill 1171 – Hearsay evidence: exceptions: medical diagnosis or treatment

Introduced Feb. 17, 2022.

Pending in Legislature.
  
Senate Bill 1178 – Criminal procedure: sentencing

Introduced Feb. 17, 2022.

Pending in Legislature.
  
Senate Bill 1304 – Prisons: release allowance

Introduced Feb. 18, 2022.

Pending in Legislature.
  
Senate Bill 1330 – Crimes: false reports

Introduced Feb. 18, 2022.

Not passed by Legislature. Died pursuant to house-of-origin deadline.
  
Senate Bill 1331 – Sentencing: members of military: trauma

Introduced Feb. 18, 2022.

Not passed by Legislature. Died pursuant to house-of-origin deadline.
  
Senate Bill 1333 – Sexually violent predators

Introduced Feb. 18, 2022.

Not passed by Legislature. Died pursuant to house-of-origin deadline.
  
Senate Bill 1350 – Controlled substances: homicide resulting from the illegal furnishing of a controlled substance

Introduced Feb. 18, 2022.

Not passed by Legislature. Died pursuant to house-of-origin deadline.
  
Senate Bill 1426 – Cannabis: water pollution crimes

Introduced Feb. 18, 2022.

Not passed by Legislature. Died pursuant to house-of-origin deadline.
  
Senate Bill 1472 – Vehicular manslaughter: speeding and reckless driving

Introduced Feb. 18, 2022.

Pending in Legislature.
  
Senate Bill 1493 – Public safety omnibus

Introduced Mar. 01, 2022.

Pending in Legislature.
  

Note: You can register to receive status updates on pending legislation through the California Legislative Information website. At the the top of the webpage for the bill on which you want to receive updates, select “Track Bill” and follow the prompts. This glossary of legislative terms may be helpful in interpreting updates.

^