AB 1955 (2026): Peace Officer Exemption to Firearm Enhancements

What the Bill Would Do

Assembly Bill 1955 (2025-2026) is a narrow measure, not a broad sentencing-reform bill^[1]. It makes two changes. First, it amends Penal Code section 12022.53, the "10-20-life" firearm enhancement statute, to add a peace-officer exemption. Under the new provision, the firearm enhancements do not apply to a peace officer unless the use or discharge of the firearm did not arise out of and was not in the course of the officer's employment, and the prosecution bears the burden of proving that exception by a preponderance of the evidence. Second, it amends Penal Code section 71 (threats to public officers and employees) to clarify that a qualifying threat may be communicated directly through an electronic communication device.

What the Bill Does Not Do

AB 1955 does not reduce, repeal, or make retroactive the underlying firearm enhancements. The 10-year, 20-year, and 25-years-to-life terms under PC 12022.53 remain in place for everyone outside the narrow peace-officer carve-out. The bill does not change the judicial discretion to strike enhancements that Senate Bill 620 (2017) already provides under PC 1385, and it creates no resentencing pathway for people who are currently incarcerated.

Background: California's Firearm Enhancements

Penal Code 12022.53 imposes consecutive additional prison terms for using a firearm in the commission of specified felonies: 10 years for personal use, 20 years for personal and intentional discharge, and 25 years to life for discharge causing great bodily injury or death. Additional firearm enhancements exist under PC 12022.5 (personal use during any felony: 3, 4, or 10 years) and PC 12022(a)(1) (principal armed: 1 year). Since Senate Bill 620 (2017), judges have had discretion to strike these enhancements in the interest of justice under PC 1385^[2]. AB 1955 leaves that framework intact and adds only the peace-officer exemption described above.

Current Status

AB 1955 was re-referred to the Assembly Committee on Public Safety on March 10, 2026, and remains a pending proposal. It is not law. Its provisions take effect only if the bill is passed by both houses of the Legislature and signed by the Governor.