AB292 - Domestic violence.

Amended IN Assembly January 14, 2026 CALIFORNIA LEGISLATURE— 2025–2026 REGULAR SESSION Assembly Bill No. 292 Introduced by Assembly Members Patterson and Alanis January 22, 2025 An act to amend Sections 667.1, 667.5, and 1170.125 Section 273.5 of the Penal Code, relating to violent felonies. domestic violence. LEGISLATIVE COUNSEL'S DIGEST AB 292, as amended, Patterson. Violent felonies: 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 4 years, or in a county jail for not more than 1 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 5 years, or by imprisonment and a fine of up to $10,000 if a person is convicted for violating these provisions within 7 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 60 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 2 3 vote, or by a statute that becomes effective only when approved by the voters. 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. 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. Digest Key Vote: TWO_THIRDS MAJORITY Appropriation: NO Fiscal Committee: YES Local Program: YES Bill Text The people of the State of California do enact as follows: SECTION 1. 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 7611 and 7612 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 243 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 15 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 60 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 60 days. (3) (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 15 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 15 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 6 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 17556 of the Government Code, or changes the definition of a crime within the meaning of Section 6 of Article XIII B of the California Constitution. SECTION 1. Section 667.1 of the Penal Code is amended to read: 667.1. (a) 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. (b) 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. (c) 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. SEC. 2. Section 667.5 of the Penal Code is amended to read: 667.5. Enhancement of prison terms for new offenses because of prior prison terms shall be imposed as follows: (a) 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 10 years in which the defendant remained free of both prison custody and the commission of an offense that results in a felony conviction. (b) 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 1170 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 6600 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 1170 or a felony sentence that is not suspended. (c) 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: (1) Murder or voluntary manslaughter. (2) Mayhem. (3) Rape as defined in paragraph (2) or (6) of subdivision (a) of Section 261 or paragraph (1) or (4) of subdivision (a) of former Section 262. (4) Sodomy as defined in subdivision (c) or (d) of Section 286. (5) Oral copulation as defined in subdivision (c) or (d) of Section 287 or of former Section 288a. (6) A lewd or lascivious act as defined in subdivision (a) or (b) of Section 288. (7) A felony punishable by death or imprisonment in the state prison for life. (8) 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. (9) Robbery. (10) Arson in violation of subdivision (a) or (b) of Section 451. (11) Sexual penetration as defined in subdivision (a) or (j) of Section 289. (12) Attempted m [Text truncated for display. Full text available on Congress.gov.]