AMENDED IN SENATE AUGUST 29, 2025

AMENDED IN ASSEMBLY MAY 23, 2025

AMENDED IN ASSEMBLY APRIL 3, 2025

CALIFORNIA LEGISLATURE— 2025–2026 REGULAR SESSION

94

CHAPTER 631

Statutes of 2025

[ Approved by Governor October 11, 2025. Filed with Secretary of State October 11, 2025. ]

Introduced by Assembly Member Bains

(Coauthor: Assembly Member Alanis)

February 20, 2025

An act to amend Section 206.1 of the Penal Code, relating to crimes.

Vote: majority   Appropriation: no   Fiscal committee: yes   Local program: yes

LEGISLATIVE COUNSEL’S DIGEST

Existing law makes a person who, with the intent to cause cruel or extreme pain and suffering for the purpose of revenge, extortion, persuasion, or for any sadistic purpose, inflicts great bodily injury upon the person of another guilty of torture, and makes the crime punishable by imprisonment in the state prison for a term of life. Existing law specifies that an inmate imprisoned under a life sentence shall not be paroled until they have served a term of at least 7 years or as established pursuant to a law that establishes a minimum term.

This bill would prohibit a person imprisoned for committing the crime of torture from being eligible for parole until they have served at least 10 years, if the defendant is an adult who had care or custody of the victim and the victim was 14 years of age or younger at the time of the crime. 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.

The people of the State of California do enact as follows:

SECTION 1.

Section 206.1 of the Penal Code is amended to read:

206.1.

(a) Torture is punishable by imprisonment in the state prison for a term of life.

(b) (1) Except as described in paragraph (2), a defendant imprisoned for torture shall not be eligible for parole until they have served at least seven years, pursuant to Section 3046.

(2) For a crime of torture committed on or after January 1, 2026, if the defendant is an adult who had care or custody of the victim and the victim was 14 years of age or younger at the time of the crime, the defendant shall not be eligible for parole until they have served at least 10 years.

SEC. 2.

No reimbursement is required by this act pursuant to Section 6 of Article XIIIB 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 XIIIB of the California Constitution.