AB1545 - Sexually violent predators.

Amended IN Assembly March 09, 2026 CALIFORNIA LEGISLATURE— 2025–2026 REGULAR SESSION Assembly Bill No. 1545 Introduced by Assembly Member Members Krell and Hoover (Coauthor: Senator Niello) January 05, 2026 An act to add Section 411 to the Penal Code, relating to crimes. amend Sections 6600 and 6601 of the Welfare and Institutions Code, relating to public social services. LEGISLATIVE COUNSEL'S DIGEST AB 1545, as amended, Krell. Targeted attacks on journalists. Sexually violent predators. Existing law defines a sexually violent predator to mean a person who has been convicted of a sexually violent offense against one or more victims and who has a diagnosed mental disorder that makes the person a danger to the health and safety of others in that it is likely that the person will engage in sexually violent criminal behavior. For purposes of this definition, a conviction for a sexually violent offense includes convictions that resulted in either a determinate or an indeterminate prison sentence, as specified. Existing law requires the Secretary of the Department of Corrections and Rehabilitation to refer a person who is in custody under that department’s jurisdiction, and who is serving a determinate sentence or whose parole has been revoked, for evaluation by the State Department of State Hospitals at least 6 months prior to that individual’s scheduled date for release from prison if the secretary determines that the person may be a sexually violent predator. Existing law requires a petition for commitment as a sexually violent predator to be filed in the county in which the person was convicted of the sexual offense for which the person was committed to the jurisdiction of the Department of Corrections and Rehabilitation. This bill would also require the Executive Officer of the Board of Parole Hearings to make that referral and revise the criteria for referral to additionally apply to a person who is serving an indeterminate prison sentence. The bill would also authorize the secretary, or the Executive Officer of the Board of Parole Hearings, to refer the person for evaluation if the person will be scheduled for a parole hearing within the next 6 months. By imposing additional duties on counties regarding commitment of persons as sexually violent predators, this bill would impose a state-mandated local program. The bill would also make conforming changes. 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, if the Commission on State Mandates determines that the bill contains costs mandated by the state, reimbursement for those costs shall be made pursuant to the statutory provisions noted above. Existing laws provide for increased punishments for certain crimes committed, in whole or in part, because of one or more specified actual or perceived characteristics of the victim, including, but not limited to, race, gender, or sexual orientation. This bill would provide enhanced penalties for the commission of an offense that is a targeted attack on a person who is reasonably identifiable as a journalist, as defined, or on property reasonably identifiable as belonging to a journalist or the entity that journalist represents. The bill would define “targeted attack” as a criminal offense that is motivated by the victim’s status as a journalist or intended to interfere with a journalist in the performance of their work as a journalist. If the underlying offense is a felony, the bill would create an enhancement punishable by an additional term of one, two, or three years imprisonment, as provided. The bill would authorize a court to strike any additional term imposed by this section if the court determines that there are mitigating circumstances and states on the record the reasons for striking the additional punishment. By creating a new sentencing enhancement, 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. Digest Key Vote: 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 6600 of the Welfare and Institutions Code is amended to read: 6600. As used in this article, the following terms have the following meanings: (a) (1) “Sexually violent predator” means a person who has been convicted of a sexually violent offense against one or more victims and who has a diagnosed mental disorder that makes the person a danger to the health and safety of others in that it is likely that he or she they will engage in sexually violent criminal behavior. (2) For purposes of this subdivision any of the following shall be considered a conviction for a sexually violent offense: (A) A prior or current conviction that resulted in a determinate prison sentence for an offense described in subdivision (b). (B) A conviction for an offense described in subdivision (b) that was committed prior to July 1, 1977, and that resulted in an indeterminate prison sentence. (C) (B) A prior conviction in another jurisdiction for an offense that includes all of the elements of an offense described in subdivision (b). (D) (C) A conviction for an offense under a predecessor statute that includes all of the elements of an offense described in subdivision (b). (E) (D) A prior conviction for which the inmate incarcerated person received a grant of probation for an offense described in subdivision (b). (F) (E) A prior finding of not guilty by reason of insanity for an offense described in subdivision (b). (G) (F) A conviction resulting in a finding that the person was a mentally disordered sex offender. (H) (G) A prior conviction for an offense described in subdivision (b) for which the person was committed to the Division of Juvenile Facilities, Department of Corrections and Rehabilitation pursuant to Section 1731.5. (I) (H) A prior conviction for an offense described in subdivision (b) that resulted in an indeterminate prison sentence. (3) Conviction of one or more of the crimes enumerated in this section shall constitute evidence that may support a court or jury determination that a person is a sexually violent predator, but shall not be the sole basis for the determination. The existence of any prior convictions may be shown with documentary evidence. The details underlying the commission of an offense that led to a prior conviction, including a predatory relationship with the victim, may be shown by documentary evidence, including, but not limited to, preliminary hearing transcripts, trial transcripts, probation and sentencing reports, and evaluations by the State Department of State Hospitals. Jurors shall be admonished that they may not find a person a sexually violent predator based on prior offenses absent relevant evidence of a currently diagnosed mental disorder that makes the person a danger to the health and safety of others in that it is likely that he or she they will engage in sexually violent criminal behavior. (4) The provisions of this section shall apply to any person against whom proceedings were initiated for commitment as a sexually violent predator on or after January 1, 1996. (b) “Sexually violent offense” means the following acts when committed by force, violence, duress, menace, fear of immediate and unlawful bodily injury on the victim or another person, or threatening to retaliate in the future against the victim or any other person, and that are committed on, before, or after the effective date of this article and result in a conviction or a finding of not guilty by reason of insanity, as defined in subdivision (a): a felony violation of Section 261, 262, 264.1, 269, 286, 287, 288, 288.5, or 289 of, or former Section 288a of, the Penal Code, or any felony violation of Section 207, 209, or 220 of the Penal Code, committed with the intent to commit a violation of Section 261, 262, 264.1, 286, 287, 288, or 289 of, or former Section 288a of, the Penal Code. (c) “Diagnosed mental disorder” includes a congenital or acquired condition affecting the emotional or volitional capacity that predisposes the person to the commission of criminal sexual acts in a degree constituting the person a menace to the health and safety of others. (d) “Danger to the health and safety of others” does not require proof of a recent overt act while the offender is in custody. (e) “Predatory” means an act is directed toward a stranger, a person of casual acquaintance with whom no substantial relationship exists, or an individual with whom a relationship has been established or promoted for the primary purpose of victimization. (f) “Recent overt act” means any criminal act that manifests a likelihood that the actor may engage in sexually violent predatory criminal behavior. (g) Notwithstanding any other provision of law and for purposes of this section, a prior juvenile adjudication of a sexually violent offense may constitute a prior conviction for which the person received a determinate term if all of the following apply: (1) The juvenile was 16 years of age or older at the time he or she they committed the prior offense. (2) The prior offense is a sexually violent offense as specified in subdivision (b). (3) The juvenile was adjudged a ward of the juvenile court within the meaning of Section 602 because of the person’s commission of the offense giving rise to the juvenile court adjudication. (4) The juvenile was committed to the Division of Juvenile Facilities, Department of Corrections and Rehabilitation for the sexually violent offense. (h) A minor adjudged a ward of the court for commission of an offense that is defined as a sexually violent offense shall be entitled to specific treatment as a sexual offender. The failure of a minor to receive that treatment shall not constitute a defense or bar to a determination that any person is a sexually violent predator within the meaning of this article. SEC. 2. Section 6601 of the Welfare and Institutions Code is amended to read: 6601. (a) (1) When the Secretary of the Department of Corrections and Rehabilitation or the Executive Officer of the Board of Parole Hearings determines that an individual who is in custody under the jurisdiction of the Department of Corrections and Rehabilitation, who is either serving a determinate prison sentence or whose parole has been revoked, and who is not in custody for the commission of a new offense committed while the individual was serving an indeterminate term in a state hospital as a sexually violent predator, may be a sexually violent predator, the secretary or the Executive Officer of the Board of Parole Hearings shall, at least six months prior to that individual’s scheduled date for release from prison, refer the person for evaluation in accordance with this section. However, if the inmate incarcerated person was received by the department with less than nine months of their sentence to serve, or if the inmate’s incarcerated person’s release date is modified by judicial or administrative action, or if the incarcerated person will be scheduled for a parole hearing in the next six months, the secretary or the Executive Officer of the Board of Parole Hearings may refer the person for evaluation in accordance with this section at a date that is less than six months prior to the inmate’s incarcerated person’s scheduled release date. (2) When an individual is in custody under the jurisdiction of the Department of Corrections and Rehabilitation for the commission of a new offense committed while the individual was serving an indeterminate term in a state hospital as a sexually violent predator, the Secretary of the Department of Corrections and Rehabilitation shall, at least six months prior to the individual’s scheduled date for release from prison, refer the person directly to the State Department of State Hospitals for a full evaluation of whether the person still meets the criteria in Section 6600. However, if the inmate incarcerated person was received by the department with less than nine months of their sentence to serve, or if the inmate’s incarcerated person’s release date is modified by judicial or administrative action, the secretary may refer the person for evaluation in accordance with this section at a date that is less than six months prior to the inmate’s incarcerated person’s scheduled release date. The evaluation shall be conducted in accordance with subdivisions (c) to (g), inclusive. If both evaluators concur that the person has a diagnosed mental disorder so that the person is likely to engage in acts of sexual violence without appropriate treatment and custody, the Director of State Hospitals shall forward a request for a court order no less than 20 calendar days prior to the scheduled release date of the person to the county designated in subdivision (i) authorizing a transfer of the individual from the Department of Corrections and Rehabilitation to the State Department of State Hospitals to continue serving the remainder of the individual’s original indeterminate commitment as a sexually violent predator if the original petition has not been dismissed. If the petition has previously been dismissed, the Director of State Hospitals shall forward a request for a new petition to be filed for commitment to the county designated in subdivision (i) no less than 20 calendar days prior to the scheduled release date of the person consistent with subdivision (d). (3) A petition may be filed under this section if the individual was in custody pursuant to a determinate prison term, parole revocation term, or a hold placed pursuant to Section 6601.3, at the time the petition is filed. A petition shall not be dismissed on the basis of a later judicial or administrative determination that the individual’s custody was unlawful, if the unlawful custody was the result of a good faith mistake of fact or law. This paragraph applies to any petition filed on or after January 1, 1996. (b) The person shall be screened by the Department of Corrections and Rehabilitation and the Board of Parole Hearings based on whether the person has committed a sexually violent predatory offense and on a review of the person’s social, criminal, and institutional history. This screening shall be conducted in accordance with a structured screening instrument developed and updated by the State Department of State Hospitals in consultation with the Department of Corrections and Rehabilitation. If as a result of this screening it is determined that the person is likely to be a sexually violent predator, the Depa [Text truncated for display. Full text available on Congress.gov.]