Bill Commons

CA AB 256

dead

Crimes: intoxication and firearms.

California · 2025-2026 Regular Session · lower

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Quick answers

Did CA AB 256 pass?

No. CA AB 256 did not pass — it was defeated or died in the legislative process. Latest recorded action (2026-02-02): From committee: Filed with the Chief Clerk pursuant to Joint Rule 56.

What is CA AB 256 about?

Existing law imposes various sentence enhancements, consisting of additional and consecutive terms of imprisonment, including, among others, enhancements for being armed with a firearm during the commission of a felony. Existing law makes it a crime for a person to be unlawfully under the influence of cocaine, cocaine base, heroin, methamphetamine, or phencyclidine while in the immediate personal possession of a loaded, operable firearm, punishable by imprisonment in the county jail for up to one year or in the state prison for a first conviction, or in the state prison for 2, 3, or 4 years for a 2nd or subsequent conviction. This bill would create an enhancement for any person who, while armed with a firearm in the commission or attempted commission of a felony, is under the influence of a controlled substance they are prohibited from possessing, as specified. The bill would make this enhancement punishable by an additional year of imprisonment in the county jail. The bill would also authorize a search warrant to be issued when a sample of the blood of a person constitutes evidence that tends to show a violation of this enhancement, and the sample will be drawn from the person in a reasonable, medically approved manner. By creating a new 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.

Who sponsors CA AB 256?

DeMaio is the primary sponsor of CA AB 256.

Description

Existing law imposes various sentence enhancements, consisting of additional and consecutive terms of imprisonment, including, among others, enhancements for being armed with a firearm during the commission of a felony. Existing law makes it a crime for a person to be unlawfully under the influence of cocaine, cocaine base, heroin, methamphetamine, or phencyclidine while in the immediate personal possession of a loaded, operable firearm, punishable by imprisonment in the county jail for up to one year or in the state prison for a first conviction, or in the state prison for 2, 3, or 4 years for a 2nd or subsequent conviction. This bill would create an enhancement for any person who, while armed with a firearm in the commission or attempted commission of a felony, is under the influence of a controlled substance they are prohibited from possessing, as specified. The bill would make this enhancement punishable by an additional year of imprisonment in the county jail. The bill would also authorize a search warrant to be issued when a sample of the blood of a person constitutes evidence that tends to show a violation of this enhancement, and the sample will be drawn from the person in a reasonable, medically approved manner. By creating a new 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.

Introduced
2025-01-29
Latest action
2026-02-02 — From committee: Filed with the Chief Clerk pursuant to Joint Rule 56.
Bill type
bill
Last updated
—

Subjects

Sponsors

  • DeMaioauthor

Committees

Not provided by source.

Action timeline

Newest first

  1. 2026-02-02

    From committee: Filed with the Chief Clerk pursuant to Joint Rule 56.

    committee-passage,failure

  2. 2026-01-31

    Died pursuant to Art. IV, Sec. 10(c) of the Constitution.

    failure

  3. 2026-01-13

    In committee: Set, first hearing. Failed passage.

    committee-passage-unfavorable

  4. 2026-01-06

    Re-referred to Com. on PUB. S.

    referral-committee

  5. 2026-01-05

    Referred to Com. on PUB. S.

    referral-committee

  6. 2026-01-05

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

    amendment-introduction,amendment-passage,committee-passage,reading-1,reading-2,referral-committee

  7. 2025-01-29

    Introduced measure version corrected.

    introduction

  8. 2025-01-17

    From printer. May be heard in committee February 16.

  9. 2025-01-16

    Read first time. To print.

    reading-1

Versions

Documents

Votes

  • Do pass and be re-referred to the Committee on [Appropriations]

    2026-01-13 · fail · 2-7

    Member-level votes (9)
    • Alanis: yes
    • Lackey: yes
    • Haney: no
    • Mark González: no
    • Nguyen: no
    • Schultz: no
    • Ramos: no
    • Harabedian: no
    • Sharp-Collins: no

Related bills

No related bills recorded for this bill.

Official source

Attribution

Data from openstates_bulk_csv, retrieved 2026-07-24T01:34:27.960412Z

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