Chatbot Laws Which laws apply?

California / Companion chatbots

AB 1064

LEAD for Kids Act: Leading Ethical AI Development (LEAD) for Kids Act

Vetoed

Passed the Senate 31-6 (Sept 10, 2025) and the Assembly concurred 60-8 (Sept 11, 2025); vetoed by the Governor Oct 13, 2025. Consideration of the veto was stricken from the file Jan 22, 2026.

Chatbot Laws · verified Oct. 21, 2026

Would have barred operators from making a companion chatbot available to a California child (under 18) unless it was not foreseeably capable of encouraging self-harm, violence, drug or alcohol use or disordered eating; offering unsupervised mental-health therapy; encouraging harm to others or illegal acts; sexual interactions with a child; putting validation above accuracy or safety; or optimizing engagement over those guardrails. Vetoed.

Who it would cover

Operators (persons, businesses or government agencies) that make a companion chatbot available to users; a user is not treated as a child unless the operator has actual knowledge (before Jan 1, 2027) or has not reasonably determined otherwise (from Jan 1, 2027).

What it would require

MinorsWould have barred making a companion chatbot available to a child unless it is not foreseeably capable of six listed harms.§ 22757.22 (not enacted)
Design limitsWould have barred engagement optimization that overrides the safety guardrails, and prioritizing validation of a child's beliefs over accuracy or safety.§ 22757.22 (not enacted)
Therapy and licensed titlesWould have barred offering mental-health therapy to a child without direct supervision by a licensed or credentialed professional.§ 22757.22 (not enacted)

Enforcement

Enforced byAttorney General and Private right of action (child with actual harm, or parent/guardian)§ 22757.23 (not enacted)
Private lawsuitsYes
PenaltiesWould have been: Attorney General civil penalty of $25,000 per violation plus injunctive or declaratory relief and fees; child or parent could recover actual and punitive damages, fees and costs, and injunctive or declaratory relief.

Related laws

Sources

  1. Assembly Daily Summary, Oct 13, 2025 Supports: AB 1064 (Bauer-Kahan), LEAD for Kids Act: 'Assembly Oct 13 Vetoed by Governor'.
  2. AB 1064 (status), California Legislative Information Supports: Vote counts; veto Oct 13, 2025; veto consideration stricken Jan 22, 2026.
  3. AB 1064 (text), California Legislative Information Supports: Definitions, prohibitions, $25,000 penalty, private action.

Questions

Is California AB 1064 law?

No. Passed the Senate 31-6 (Sept 10, 2025) and the Assembly concurred 60-8 (Sept 11, 2025); vetoed by the Governor Oct 13, 2025. Consideration of the veto was stricken from the file Jan 22, 2026.

Who would California AB 1064 apply to?

Operators (persons, businesses or government agencies) that make a companion chatbot available to users; a user is not treated as a child unless the operator has actual knowledge (before Jan 1, 2027) or has not reasonably determined otherwise (from Jan 1, 2027).

Who would enforce California AB 1064?

Attorney General and Private right of action (child with actual harm, or parent/guardian). Penalties: Would have been: Attorney General civil penalty of $25,000 per violation plus injunctive or declaratory relief and fees; child or parent could recover actual and punitive damages, fees and costs, and injunctive or declaratory relief.

Can people sue under California AB 1064?

Yes. It would give people harmed by a violation a right to sue.