AB 848: Sexual battery. - California

09/10/25 - Enrolled → 10/11/25 - Chaptered · 3 edits · Oct 11, 2025

MINOR

This diff reflects the conversion of AB 848 from its enrolled legislative format to its chaptered law format after gubernatorial approval on October 11, 2025. No substantive policy changes were made; the statutory text amending Penal Code Section 243.4 (sexual battery) is identical in both versions. The only differences are formatting: addition of the chapter number (625), the official state header, and the approval date.

TECHNICAL

The bill was renumbered as Chapter 625 and given the official 'State of California Authenticated Electronic Legal Material' header upon becoming law.

Minor formatting correction: 'Article XIIIB' in the enrolled version was corrected to 'Article XIII B' in the chaptered version.

TIMELINE

Gubernatorial approval date of October 11, 2025 was recorded in the chaptered version.

10/11/25 - Chaptered → AB848 · 1 edit

MINOR

The diff reflects a change in document format only, from the official chaptered statute layout to a web page display of the same bill on the California Legislature website. The actual legislative text of AB 848 (amending Penal Code Section 243.4 on sexual battery) is identical in both versions. No substantive policy changes were made.

TECHNICAL

The document was reformatted from the official chaptered statute layout (with state header, page numbers, and formal typography) to a web page display that includes site navigation elements, bill metadata (version dates, vote/appropriation info), and a slightly different text layout. The underlying legal content is unchanged.

06/25/25 - Amended Senate → 09/10/25 - Enrolled · 4 edits · Sep 10, 2025

MODERATE

This diff reflects the transition of AB 848 from its Senate-amended version to the enrolled (final) version after passage by both chambers. No substantive changes were made to the statutory text of Section 243.4 of the Penal Code. The changes are limited to formatting, page numbering, and procedural language indicating the bill passed the Assembly on September 8, 2025 and the Senate on September 4, 2025.

TECHNICAL

Header changed from 'AMENDED IN SENATE JUNE 25, 2025' to enrolled format showing passage dates (Assembly Sept 8, Senate Sept 4) and adding a signature block for the Governor.

Line numbers throughout the statutory text were removed, as is standard when a bill moves from an amended version to the enrolled version.

The legislative counsel's digest changed from 'AB 848, as amended, Soria' to 'AB 848, Soria', dropping the 'as amended' designation now that the bill is final.

The vote/appropriation/fiscal committee summary line ('Vote: majority. Appropriation: no. Fiscal committee: yes. State-mandated local program: yes.') was removed from the enrolled version.

04/28/25 - Amended Assembly → 06/25/25 - Amended Senate · 3 edits · Jun 25, 2025

MINOR

The Senate removed an entirely new section (1170.14) that would have authorized or required courts to impose full, separate, and consecutive prison terms for sexual battery by fraudulent professional purpose when committed in a hospital. The bill now only amends the existing sexual battery statute (Section 243.4) without creating a new sentencing enhancement. A minor technical clarification was also added to specify that 'hospital' in the aggravating factor provision means as defined in Section 243.2.

Scope change

The bill's scope was narrowed by removing the new consecutive sentencing enhancement (Section 1170.14). The bill now only modifies the existing sexual battery statute's aggravating factors and does not create a separate sentencing scheme for hospital-based offenses.

ENFORCEMENT

Removed new Penal Code Section 1170.14, which would have allowed courts to impose a full, separate, and consecutive term (in lieu of the standard sentencing scheme) for each violation of subdivision (c) of Section 243.4 if committed in a hospital against the same victim on the same occasion, and would have required consecutive terms for violations involving separate victims or the same victim on separate occasions.

TECHNICAL

Added 'as defined in Section 243.2' after 'hospital' in subdivision (j) to clarify which definition of hospital applies to the aggravating sentencing factor for defendants employed at a hospital where the offense occurred.

SCOPE

Removed the bill's authorization to add a new section to the Penal Code, narrowing the bill to only amending Section 243.4 rather than both adding and amending provisions.

03/18/25 - Amended Assembly → 04/28/25 - Amended Assembly · 3 edits · Apr 28, 2025

MINOR

AB 848 was revised to remove a mandatory enhanced penalty (doubling prison terms and fines) for sexual battery by fraudulent professional representation that occurs in a hospital, and instead added a new discretionary aggravating factor at sentencing when the defendant was employed at the hospital where the offense occurred and the victim was in the defendant's care or seeking medical care there. The consecutive sentencing enhancement for hospital-based offenses under new Section 1170.14 remains unchanged. This shifts the approach from a fixed penalty increase to a more flexible sentencing consideration while preserving the ability to stack sentences for repeat hospital-based offenses.

REQUIREMENT

Removed the enhanced penalty in subdivision (c)(2) of Section 243.4 that imposed 4, 6, or 8 years in state prison and a fine up to $20,000 when the fraudulent touching occurred in a hospital. The standard penalty of 2, 3, or 4 years and a fine up to $10,000 now applies regardless of location.

Added new subdivision (j) to Section 243.4 making it a factor in aggravation at sentencing when the defendant was employed at a hospital where the offense occurred and the victim was in the defendant's care or seeking medical care at that hospital. This is discretionary rather than mandatory.

TECHNICAL

Reordered the bill so that the amendment to Section 243.4 now appears as Section 1 and the new Section 1170.14 (consecutive sentencing for hospital-based offenses) appears after it, reversing the prior order.

02/19/25 - Introduced → 03/18/25 - Amended Assembly · 5 edits · Mar 18, 2025

MODERATE

The amended version of AB 848 adds an entirely new Penal Code section (1170.14) that creates a sentencing enhancement for sexual battery committed in a hospital. Under this new provision, courts may impose full consecutive sentences when the same victim is assaulted on the same occasion, and must impose full consecutive sentences when separate victims are involved or the same victim is assaulted on separate occasions. This replaces the standard aggregate sentencing scheme for these offenses, potentially resulting in significantly longer total prison terms.

Scope change

The bill now covers not just the definition and penalties of sexual battery under Section 243.4, but also creates a new sentencing mechanism (Section 1170.14) that applies specifically to hospital-based fraudulent professional-purpose sexual battery offenses, allowing or requiring full consecutive sentences rather than the standard aggregate term calculation.

REQUIREMENT

New Penal Code Section 1170.14(a) authorizes a court to impose a full, separate, and consecutive term for each violation of Section 243.4(c) (fraudulent professional-purpose sexual battery in a hospital) when the same victim is involved on the same occasion.

New Penal Code Section 1170.14(b)(1) mandates that a full, separate, and consecutive term SHALL be imposed for each violation of Section 243.4(c) in a hospital when separate victims are involved or the same victim is assaulted on separate occasions.

New Penal Code Section 1170.14(b)(3) specifies that the consecutive term is served after the person would otherwise have been released, is not included in any Section 1170.1 determination, and subsequent terms do not merge into it.

DEFINITION

New Penal Code Section 1170.14(b)(2) establishes a test for determining whether crimes against a single victim occurred on separate occasions: whether the defendant had a reasonable opportunity to reflect upon their actions and nevertheless resumed sexually assaultive behavior. Duration of time between crimes or loss/abandonment of opportunity to attack is not by itself determinative.

SCOPE

The bill's scope expanded from amending only Section 243.4 to also adding a new sentencing provision (Section 1170.14) to the Penal Code, changing the bill from a penalty amendment to one that also alters the sentencing structure for hospital-based sexual battery.

Sexual battery.

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