AB 1538 California Assembly · 2025-2026 Regular Session

Crimes: corruption.

Summary

Existing law makes it a misdemeanor to, by force or threat of force, willfully injure, intimidate, interfere with, oppress, or threaten another person in the free exercise or enjoyment of a right or privilege secured by the Constitution or laws of this state or by the Constitution or laws of the United States, in whole or in part, because of one or more of specified actual or perceived characteristics of the victim, including disability, gender, religion, race, or sexual orientation. This bill would make it a crime for an elected or appointed official, under color of authority, to retaliate or exert political retribution, as defined, against a person for exercising a constitutionally protected right. The bill would make a violation of this crime punishable by forfeiture of office. The bill would specify that these provisions do not apply to the hiring or personnel decisions of elected or appointed officials that are relative to an employee or prospective employee of that elected or appointed official. By creating a new crime, 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.

Issues: ✓ Criminal Justice

Bill status in committee 1 of 4 stages cleared

Introduction

Jan 2026

Committee Review

Floor Vote

Governor

Introduced Jan 5, 2026 Last action May 14, 2026

Maddy AI version diff · 3 comparisons

What changed between versions

03/17/26 - Amended Assembly → 03/26/26 - Amended Assembly · 3 edits · Mar 26, 2026

MINOR

The March 26 amendment narrows the scope of the new political retaliation crime in two significant ways: it replaces the broad phrase 'constitutionally protected right' with the more specific 'state or federal constitutional right,' and it adds a new specific intent element requiring that the official acted 'with the intent to suppress another from continuing to exercise a state or federal constitutional right.' It also removes 'punish' as a standalone prohibited action, leaving only 'retaliate' and 'exert political retribution.' These changes make the offense harder to prosecute by adding an additional mental-state requirement.

Scope change

The bill's scope is narrowed: it now covers only state or federal constitutional rights (rather than any constitutionally protected right) and requires proof of a specific intent to suppress the victim's continued exercise of that right, making fewer actions fall within the criminal prohibition.

SCOPE

The protected activity is narrowed from any 'constitutionally protected right' to specifically a 'state or federal constitutional right,' which may exclude rights protected under other legal frameworks.

The word 'punish' is removed as a standalone prohibited action. The bill now only prohibits an official from 'retaliating or exerting political retribution,' rather than also listing 'punish' separately.

REQUIREMENT

A new specific intent element is added: the official must have acted 'with the intent to suppress another from continuing to exercise a state or federal constitutional right.' Prosecutors must now prove this additional mental state beyond simply showing retaliation occurred.

Floor votes

How they voted

No floor votes recorded yet.

Full legislative history

Actions timeline

Total actions

Key actions

Committee

Amendments

May 14, 2026

Lower · Passed

In committee: Held under submission.

lower

Apr 8, 2026

Committee

In committee: Set, first hearing. Referred to APPR. suspense file.

lower

Apr 6, 2026

Committee

Re-referred to Com. on APPR.

lower

Mar 26, 2026

Lower · Passed

Read second time and amended.

lower

Mar 25, 2026

Introduced

From committee: Amend, and do pass as amended and re-refer to Com. on APPR. (Ayes 8. Noes 0.) (March 24).

lower

Mar 18, 2026

Committee

Re-referred to Com. on PUB. S.

lower

Mar 17, 2026

Introduced

From committee chair, with author's amendments: Amend, and re-refer to Com. on PUB. S. Read second time and amended.

lower

Mar 17, 2026

Lower · Passed

In committee: Set, second hearing. Hearing canceled at the request of author.

lower

Mar 10, 2026

Lower · Passed

In committee: Set, first hearing. Hearing canceled at the request of author.

lower

Feb 2, 2026

Committee

Referred to Com. on PUB. S.

lower

Jan 6, 2026

Lower · Passed

From printer. May be heard in committee February 5.

lower

1 primary · 6 co-sponsors