New California Laws Going into Effect in 2026
More than 500 laws were passed in 2025 impacting the courts. Many of these laws will support the judicial branch to meet the needs of court users with diverse backgrounds and interests.
Immigration
California law offers some of the strongest protections for immigrants in the country. This year, as California was at the heart of the federal administration’s immigration activities, the courts have worked to ensure that court proceedings remain fair and accessible to all court users.
One law that supports this effort is SB 281, which requires the court to give a verbatim immigration advisement before a plea of guilty or no contest can be made. This means that the court must advise a defendant that if they are not a citizen, pleading guilty or no contest may result in immigration consequences like deportation. Pleading no contest means the defendant does not admit guilt but does concede the charge.
AB 1261 requires the state to provide legal counsel to immigrant youth in federal or related state immigration proceedings. The law would define immigrant youth as unaccompanied undocumented minors. The state can contract with qualified nonprofit legal services organizations or an office of the public defender to provide this counsel.
Child Welfare and Juvenile Justice
In 2026, new laws will help counties and state departments further strengthen their child welfare services. AB 779 authorizes counties to establish a three-year pilot program. In this program, domestic violence consultants will offer guidance to county social workers on how to best support families potentially experiencing both domestic violence and child maltreatment. Counties will also be required to adopt a placement transition plan for foster youth (AB 896). This plan would be adopted before foster youth transition either between placement settings or from foster care to reunification. Additionally, the state’s Office of Child Abuse Prevention will develop a standardized curriculum for mandated reporters, available online by July 1, 2027 (SB 119).
In court proceedings, new laws aim to enhance minors’ experience with the court. Incarcerated parents now must be given the opportunity to be physically present at dependency hearings related to their child. If physical presence is waived, they can participate through videoconference or teleconference (AB 651). Additionally, the Family Preparedness Act of 2025 expands the definition of “relative” in caregivers’ authorization affidavits, which allow a caregiver to make decisions for a child without establishing formal guardianship. The new definition will include any adult who is related to the child by blood, adoption, or affinity within the fifth degree of kinship, such as stepparents.
With the rise of artificial intelligence (AI), deepfake pornography, which is AI-generated media imitating real people, is a concerning new form of exploitation that AB 621 seeks to protect minors from. This law revises the existing cause of action, or the circumstances that give a person the right to seek a remedy in court, for deepfake pornography. This law adds a cause of action against a person who knows, or reasonably should know, that an individual depicted in deepfake pornography material was a minor.
Mental Health
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California first implemented the Community Assistance, Recovery, and Empowerment Act (CARE) in 2023. This program allows adults to petition a civil court to create a voluntary CARE agreement or a court-ordered CARE plan. CARE plans provide adults experiencing severe mental illness with services like behavioral health care or housing. Beginning Jan. 1, 2026, eligibility for the CARE Act will include individuals who have bipolar I disorder with psychotic features (SB 27).
Criminal Law
Existing law says that a crime punishable by death, by imprisonment by the state, or by imprisonment in county jail for more than one year is a felony. All other offenses are either infractions or misdemeanors. AB 321 will allow the court to determine if a case will move forward as a felony or a misdemeanor at any time prior to trial.
Civil Law
AB 250 will allow plaintiffs to revive claims that would otherwise be barred prior to Jan. 1, 2026, because the statute of limitations has or had expired. The claim must allege that the plaintiff was sexually assaulted, that one or more entities are legally responsible for damages from the assault, and that the entities engaged in a cover up of previous allegations of sexual assault.
The Social Security Tenant Protection Act of 2025 will allow a tenant of a residential property to claim Social Security hardship as a defense for why they are not paying their rent. Social Security hardship is defined as a loss of income due to an interruption in the payment of Social Security benefits. Tenants would need to provide the court evidence that the payments have been interrupted, and they would need to pay all past due rent when Social Security benefits are restored.
Currently, when an adult petitions to change their name to match their gender identity, the court must review written objections to the petition. Beginning July 1, 2026, the court will no longer have an objection process for adult petitions. For minors, anyone objecting to a name-change petition must file a written objection within four weeks (AB 1084). Name-change petitions for minors are confidential, and starting on July 1, 2026, name-change petitions for adults will also be confidential (SB 59).
Court Procedure and Operations
AB 1524 will make public electronic records viewable at the court. The public will be able to use their own equipment to copy court records for free, while the integrity of the record will still be protected.
In bench trials, where a judge makes a ruling without a jury, any party in the trial may request a statement of decision. In a statement of decision, the court will explain the factual and legal basis for its decision. Currently, the length of a trial determines when a party can request a statement of decision. Under AB 515, which goes into effect Jan. 1, 2027, all trials will have the same rules for statements of decision, regardless of their length. Parties will have to request a statement of decision before the matter is submitted for decision. The court will also be able to issue a statement of decision without a request from the parties involved.
Traffic Law
A program requiring a person convicted of Driving Under the Influence (a DUI) to install an ignition interlock device has been extended through January of 2033. If the person installs an ignition interlock device, they can apply for a restricted driver’s license (AB 366).
Lawmakers have approved local California governments to establish automated traffic enforcement systems. The systems will be able to detect red light violations and ticket vehicles rather than drivers. Violations will be a civil penalty and will not result in the Department of Motor Vehicles suspending or revoking licenses (SB 720).
Artificial Intelligence
The popularity of artificial intelligence (AI) has grown rapidly in the last several years and the widespread use of generative AI, or AI that can create original content, presents new legal considerations.
With the passage of AB 316, a defendant may not say artificial intelligence that they developed, modified, or used that is alleged is to have caused harm to the plaintiff did so autonomously.
Additionally, law enforcement agencies will need to identify when artificial intelligence was used in official reports and the type of program they used (SB 524).
Read the full 2025 Summary of Court-Related Legislation.