WHAT THIS BILL REGULATES · 9 REQUIREMENT TYPES
How Is This Bill Enforced
Verbatim statutory text on the left; plain-language analysis and a per-section checklist on the right. Numbered markers cross-link to the matching checklist row.
As used in this chapter: (a) "ChildChild"Child" means a natural person under 18 years of age.Bus. & Prof. Code § 22610(a)" means a natural person under 18 years of age. (b) "Child safety auditChild safety audit"Child safety audit" means an audit for compliance with this chapter conducted by an independent auditor certified by the Attorney General.Bus. & Prof. Code § 22610(b)" means an audit for compliance with this chapter conducted by an independent auditor certified by the Attorney General. (c) "Child safety policyChild safety policy"Child safety policy" means a public-facing document describing protective measures taken by an operator to mitigate identified child safety risks.Bus. & Prof. Code § 22610(c)" means a public-facing document describing protective measures taken by an operatorOperator"Operator" means a person who makes a companion chatbot available to a user in the state.Bus. & Prof. Code § 22610(k) to mitigate identified child safety risksChild safety risk"Child safety risk" means a reasonably foreseeable risk of harm to a child.Bus. & Prof. Code § 22610(d). (d) "Child safety riskChild safety risk"Child safety risk" means a reasonably foreseeable risk of harm to a child.Bus. & Prof. Code § 22610(d)" means a reasonably foreseeable risk of harm to a childChild"Child" means a natural person under 18 years of age.Bus. & Prof. Code § 22610(a). (e) "Child sexual abuse materialChild sexual abuse material"Child sexual abuse material" has the meaning defined in Section 3273.65 of the Civil Code.Bus. & Prof. Code § 22610(e)" has the meaning defined in Section 3273.65 of the Civil Code. (f) "Companion chatbotCompanion chatbot"Companion chatbot" has the meaning defined in Section 22601.Bus. & Prof. Code § 22610(f)" has the meaning defined in Section 22601. (g) "Covered harmCovered harm"Covered harm" means any of the following harms proximately caused by the use of a companion chatbot: (1) Reasonably foreseeable physical or financial harm. (2) Severe and reasonably foreseeable psychological or emotional harm to a reasonable child. (3) A highly offensive intrusion on a user's reasonable expectation of privacy. (4) Adverse discrimination against a user based on race, color, religion, national origin, disability, gender identity, sex, or sexual orientation.Bus. & Prof. Code § 22610(g)" means any of the following harms proximately caused by the use of a companion chatbotCompanion chatbot"Companion chatbot" has the meaning defined in Section 22601.Bus. & Prof. Code § 22610(f): (1) Reasonably foreseeable physical or financial harm. (2) Severe and reasonably foreseeable psychological or emotional harm to a reasonable childChild"Child" means a natural person under 18 years of age.Bus. & Prof. Code § 22610(a). (3) A highly offensive intrusion on a user's reasonable expectation of privacy. (4) Adverse discrimination against a user based on race, color, religion, national origin, disability, gender identity, sex, or sexual orientation. (h) "Ephemeral modeEphemeral mode"Ephemeral mode" means a setting by which any conversational history, interaction log, or user-provided personal input is permanently deleted from the operator's systems within 48 hours after the interaction.Bus. & Prof. Code § 22610(h)" means a setting by which any conversational history, interaction log, or user-provided personal input is permanently deleted from the operatorOperator"Operator" means a person who makes a companion chatbot available to a user in the state.Bus. & Prof. Code § 22610(k)'s systems within 48 hours after the interaction. (i) "Excessively sycophanticExcessively sycophantic"Excessively sycophantic" means sycophantic to an extent that is likely to have the substantial effect of subverting or impairing the user's autonomy, decisionmaking, or choice.Bus. & Prof. Code § 22610(i)" means sycophanticSycophantic"Sycophantic" means validating of a user's preferences or desires for the primary purpose or effect of optimizing engagement.Bus. & Prof. Code § 22610(q) to an extent that is likely to have the substantial effect of subverting or impairing the user's autonomy, decisionmaking, or choice. (j) "Obscene matterObscene matter"Obscene matter" has the meaning defined in Section 311 of the Penal Code.Bus. & Prof. Code § 22610(j)" has the meaning defined in Section 311 of the Penal Code. (k) "OperatorOperator"Operator" means a person who makes a companion chatbot available to a user in the state.Bus. & Prof. Code § 22610(k)" means a person who makes a companion chatbotCompanion chatbot"Companion chatbot" has the meaning defined in Section 22601.Bus. & Prof. Code § 22610(f) available to a user in the state. (l) (1) "ParentParent(1) "Parent" means a parent or legal guardian. (2) "Parent" does not include a parent of an emancipated youth with respect to the use of a companion chatbot by that emancipated youth.Bus. & Prof. Code § 22610(l)" means a parentParent(1) "Parent" means a parent or legal guardian. (2) "Parent" does not include a parent of an emancipated youth with respect to the use of a companion chatbot by that emancipated youth.Bus. & Prof. Code § 22610(l) or legal guardian. (2) "ParentParent(1) "Parent" means a parent or legal guardian. (2) "Parent" does not include a parent of an emancipated youth with respect to the use of a companion chatbot by that emancipated youth.Bus. & Prof. Code § 22610(l)" does not include a parent of an emancipated youth with respect to the use of a companion chatbotCompanion chatbot"Companion chatbot" has the meaning defined in Section 22601.Bus. & Prof. Code § 22610(f) by that emancipated youth. (m) "Parental controlParental control"Parental control" means a feature that enables a parent to support a child's use of a companion chatbot, including through usage limits, feature restrictions, or transparency tools.Bus. & Prof. Code § 22610(m)" means a feature that enables a parentParent(1) "Parent" means a parent or legal guardian. (2) "Parent" does not include a parent of an emancipated youth with respect to the use of a companion chatbot by that emancipated youth.Bus. & Prof. Code § 22610(l) to support a childChild"Child" means a natural person under 18 years of age.Bus. & Prof. Code § 22610(a)'s use of a companion chatbotCompanion chatbot"Companion chatbot" has the meaning defined in Section 22601.Bus. & Prof. Code § 22610(f), including through usage limits, feature restrictions, or transparency tools. (n) "Persistent conversational memoryPersistent conversational memory"Persistent conversational memory" means a companion chatbot's use of information or analysis from prior conversations or interactions, user inputs, and interaction logs in subsequent conversations.Bus. & Prof. Code § 22610(n)" means a companion chatbotCompanion chatbot"Companion chatbot" has the meaning defined in Section 22601.Bus. & Prof. Code § 22610(f)'s use of information or analysis from prior conversations or interactions, user inputs, and interaction logs in subsequent conversations. (o) "PersonalizePersonalize"Personalize" means to tailor a companion chatbot's outputs based on a user's prior interactions with the companion chatbot that are reasonably linkable to that user over time, including through the retention or use of information derived from those prior interactions.Bus. & Prof. Code § 22610(o)" means to tailor a companion chatbotCompanion chatbot"Companion chatbot" has the meaning defined in Section 22601.Bus. & Prof. Code § 22610(f)'s outputs based on a user's prior interactions with the companion chatbotCompanion chatbot"Companion chatbot" has the meaning defined in Section 22601.Bus. & Prof. Code § 22610(f) that are reasonably linkable to that user over time, including through the retention or use of information derived from those prior interactions. (p) "Qualified researcherQualified researcher"Qualified researcher" means an individual or organization that is or does any of the following: (1) Is affiliated with an academic institution, nonprofit research organization, or independent research entity or is otherwise able to demonstrate relevant professional expertise. (2) Demonstrates a legitimate research purpose that is in the public interest and directly related to understanding, identifying, or mitigating risks to child safety or well-being arising from companion chatbots. (3) Commits to conducting research in accordance with applicable ethical standards and is capable of complying with applicable confidentiality, security, and data protection requirements.Bus. & Prof. Code § 22610(p)" means an individual or organization that is or does any of the following: (1) Is affiliated with an academic institution, nonprofit research organization, or independent research entity or is otherwise able to demonstrate relevant professional expertise. (2) Demonstrates a legitimate research purpose that is in the public interest and directly related to understanding, identifying, or mitigating risks to childChild"Child" means a natural person under 18 years of age.Bus. & Prof. Code § 22610(a) safety or well-being arising from companion chatbotsCompanion chatbot"Companion chatbot" has the meaning defined in Section 22601.Bus. & Prof. Code § 22610(f). (3) Commits to conducting research in accordance with applicable ethical standards and is capable of complying with applicable confidentiality, security, and data protection requirements. (q) "SycophanticSycophantic"Sycophantic" means validating of a user's preferences or desires for the primary purpose or effect of optimizing engagement.Bus. & Prof. Code § 22610(q)" means validating of a user's preferences or desires for the primary purpose or effect of optimizing engagement.
Section 22610 establishes the definitional framework for the chapter. Key defined terms include child (under 18), operator (person making a companion chatbot available in California), covered harm (a four-part definition encompassing physical, financial, psychological, privacy, and discrimination harms), ephemeral mode (48-hour deletion of all conversational data), and excessively sycophantic (engagement-optimizing validation that subverts user autonomy). The companion chatbot definition incorporates by reference the existing definition in Section 22601 from SB 243.
1 An operatorOperator"Operator" means a person who makes a companion chatbot available to a user in the state.Bus. & Prof. Code § 22610(k) shall verify the age of a user pursuant to Title 1.81.9 (commencing with Section 1798.500) of Part 4 of Division 3 of the Civil Code.
Section 22611 requires operators to verify user age pursuant to California's Digital Age Assurance Act (Civil Code § 1798.500 et seq.), which mandates that software application owners request age bracket data via a real-time secure API or operating system. This cross-references existing law rather than creating a novel age verification standard.
(a) 2 On or before July 1, 2027, an operatorOperator"Operator" means a person who makes a companion chatbot available to a user in the state.Bus. & Prof. Code § 22610(k) shall do all of the following: (a) Annually perform and document a comprehensive risk assessment to identify any child safety riskChild safety risk"Child safety risk" means a reasonably foreseeable risk of harm to a child.Bus. & Prof. Code § 22610(d) posed by the design, configuration, and operation of the companion chatbotCompanion chatbot"Companion chatbot" has the meaning defined in Section 22601.Bus. & Prof. Code § 22610(f) that assesses all of the following: (1) The likelihood of a covered harmCovered harm"Covered harm" means any of the following harms proximately caused by the use of a companion chatbot: (1) Reasonably foreseeable physical or financial harm. (2) Severe and reasonably foreseeable psychological or emotional harm to a reasonable child. (3) A highly offensive intrusion on a user's reasonable expectation of privacy. (4) Adverse discrimination against a user based on race, color, religion, national origin, disability, gender identity, sex, or sexual orientation.Bus. & Prof. Code § 22610(g) occurring to users. (2) Differential risks across age groups and developmental stages. (3) Known vulnerabilities of children. (4) Empirical data from actual use. (5) Relevant academic research and regulatory guidance.
(b) 3 Take and document measures that reasonably mitigate any child safety riskChild safety risk"Child safety risk" means a reasonably foreseeable risk of harm to a child.Bus. & Prof. Code § 22610(d) identified in a risk assessment conducted pursuant to subdivision (a).
(c) 4 Publish on its internet website, and update as needed to ensure accuracy, a child safety policyChild safety policy"Child safety policy" means a public-facing document describing protective measures taken by an operator to mitigate identified child safety risks.Bus. & Prof. Code § 22610(c).
(d)(1) 5 Implement all of the following: (1) A documented crisis response protocol to mitigate any material risk that the companion chatbotCompanion chatbot"Companion chatbot" has the meaning defined in Section 22601.Bus. & Prof. Code § 22610(f) will generate a statement that promotes suicidal ideation, suicide, or self-harm content to a childChild"Child" means a natural person under 18 years of age.Bus. & Prof. Code § 22610(a), including, but not limited to, all of the following: (A) Timely in-service support and clear referral to appropriate external crisis resources if the operatorOperator"Operator" means a person who makes a companion chatbot available to a user in the state.Bus. & Prof. Code § 22610(k) determines a childChild"Child" means a natural person under 18 years of age.Bus. & Prof. Code § 22610(a) has expressed suicidal ideation or intent to self-harm. (B) If a childChild"Child" means a natural person under 18 years of age.Bus. & Prof. Code § 22610(a)'s account is connected to a parentParent(1) "Parent" means a parent or legal guardian. (2) "Parent" does not include a parent of an emancipated youth with respect to the use of a companion chatbot by that emancipated youth.Bus. & Prof. Code § 22610(l)'s account, default notifications to the parentParent(1) "Parent" means a parent or legal guardian. (2) "Parent" does not include a parent of an emancipated youth with respect to the use of a companion chatbot by that emancipated youth.Bus. & Prof. Code § 22610(l) within 24 hours if the childChild"Child" means a natural person under 18 years of age.Bus. & Prof. Code § 22610(a)'s account shows a substantial risk that the childChild"Child" means a natural person under 18 years of age.Bus. & Prof. Code § 22610(a) may suffer a covered harmCovered harm"Covered harm" means any of the following harms proximately caused by the use of a companion chatbot: (1) Reasonably foreseeable physical or financial harm. (2) Severe and reasonably foreseeable psychological or emotional harm to a reasonable child. (3) A highly offensive intrusion on a user's reasonable expectation of privacy. (4) Adverse discrimination against a user based on race, color, religion, national origin, disability, gender identity, sex, or sexual orientation.Bus. & Prof. Code § 22610(g). (C) Clear and age-appropriate disclosures to childChild"Child" means a natural person under 18 years of age.Bus. & Prof. Code § 22610(a) users whose accounts are linked to a parentParent(1) "Parent" means a parent or legal guardian. (2) "Parent" does not include a parent of an emancipated youth with respect to the use of a companion chatbot by that emancipated youth.Bus. & Prof. Code § 22610(l)'s account that inform them that a parentParent(1) "Parent" means a parent or legal guardian. (2) "Parent" does not include a parent of an emancipated youth with respect to the use of a companion chatbot by that emancipated youth.Bus. & Prof. Code § 22610(l) may be notified if the companion chatbotCompanion chatbot"Companion chatbot" has the meaning defined in Section 22601.Bus. & Prof. Code § 22610(f) detects content or behavior that indicates potential risks to the childChild"Child" means a natural person under 18 years of age.Bus. & Prof. Code § 22610(a)'s safety or well-being.
(d)(2) 6 Safeguards for childChild"Child" means a natural person under 18 years of age.Bus. & Prof. Code § 22610(a) users that include usage reminders and disclosures, age-appropriate risk prompts, and other protective design features reasonably related to documented child safety risksChild safety risk"Child safety risk" means a reasonably foreseeable risk of harm to a child.Bus. & Prof. Code § 22610(d).
(d)(3) 7 Default settings that can be changed only by a parentParent(1) "Parent" means a parent or legal guardian. (2) "Parent" does not include a parent of an emancipated youth with respect to the use of a companion chatbot by that emancipated youth.Bus. & Prof. Code § 22610(l) that include all of the following: (A) For childChild"Child" means a natural person under 18 years of age.Bus. & Prof. Code § 22610(a) users, default the companion chatbotCompanion chatbot"Companion chatbot" has the meaning defined in Section 22601.Bus. & Prof. Code § 22610(f) to ephemeral modeEphemeral mode"Ephemeral mode" means a setting by which any conversational history, interaction log, or user-provided personal input is permanently deleted from the operator's systems within 48 hours after the interaction.Bus. & Prof. Code § 22610(h), unless a parentParent(1) "Parent" means a parent or legal guardian. (2) "Parent" does not include a parent of an emancipated youth with respect to the use of a companion chatbot by that emancipated youth.Bus. & Prof. Code § 22610(l) provides affirmative consent for persistent conversational memoryPersistent conversational memory"Persistent conversational memory" means a companion chatbot's use of information or analysis from prior conversations or interactions, user inputs, and interaction logs in subsequent conversations.Bus. & Prof. Code § 22610(n). (B) No push notifications between 12 a.m. and 6 a.m. on any day or between 8 a.m. and 3 p.m. on Monday to Friday, inclusive. (C) Limiting the amount of time a childChild"Child" means a natural person under 18 years of age.Bus. & Prof. Code § 22610(a) can spend in a single conversation with a companion chatbotCompanion chatbot"Companion chatbot" has the meaning defined in Section 22601.Bus. & Prof. Code § 22610(f) to one hour. (D) Limiting the total time per day a childChild"Child" means a natural person under 18 years of age.Bus. & Prof. Code § 22610(a) can spend with companion chatbotsCompanion chatbot"Companion chatbot" has the meaning defined in Section 22601.Bus. & Prof. Code § 22610(f) under the operatorOperator"Operator" means a person who makes a companion chatbot available to a user in the state.Bus. & Prof. Code § 22610(k)'s control to 2 hours.
(d)(4) 8 A mechanism for providing notice to a childChild"Child" means a natural person under 18 years of age.Bus. & Prof. Code § 22610(a) user that the childChild"Child" means a natural person under 18 years of age.Bus. & Prof. Code § 22610(a) is interacting with, or receiving content generated by, an artificial intelligence system that meets both of the following criteria: (A) The notice is reinforced periodically during extended interactions. (B) The notice is presented in language and a format appropriate to a childChild"Child" means a natural person under 18 years of age.Bus. & Prof. Code § 22610(a).
(d)(5) 9 Measures that prevent the companion chatbotCompanion chatbot"Companion chatbot" has the meaning defined in Section 22601.Bus. & Prof. Code § 22610(f) from doing any of the following: (A) Encouraging the childChild"Child" means a natural person under 18 years of age.Bus. & Prof. Code § 22610(a) to do either of the following: (i) Engage in self-harm, suicidal ideation, consumption of narcotics or alcohol, or disordered eating. (ii) Cause a covered harmCovered harm"Covered harm" means any of the following harms proximately caused by the use of a companion chatbot: (1) Reasonably foreseeable physical or financial harm. (2) Severe and reasonably foreseeable psychological or emotional harm to a reasonable child. (3) A highly offensive intrusion on a user's reasonable expectation of privacy. (4) Adverse discrimination against a user based on race, color, religion, national origin, disability, gender identity, sex, or sexual orientation.Bus. & Prof. Code § 22610(g) to others. (B) Attempting to diagnose or treat the childChild"Child" means a natural person under 18 years of age.Bus. & Prof. Code § 22610(a) user's physical, mental, or behavioral health, unless the companion chatbotCompanion chatbot"Companion chatbot" has the meaning defined in Section 22601.Bus. & Prof. Code § 22610(f) is designed for those purposes and is regulated by the United States Food and Drug Administration as a medical device under the federal Food, Drug, and Cosmetic Act (21 U.S.C. Sec. 301 et seq.) and the federal Health Insurance Portability and Accountability Act of 1996 (HIPAA) (Public Law 104-191). (C) Engaging in obscene matterObscene matter"Obscene matter" has the meaning defined in Section 311 of the Penal Code.Bus. & Prof. Code § 22610(j) or sexual abuse material with a user. (D) Depicting the childChild"Child" means a natural person under 18 years of age.Bus. & Prof. Code § 22610(a) or another individual engaging in obscene matterObscene matter"Obscene matter" has the meaning defined in Section 311 of the Penal Code.Bus. & Prof. Code § 22610(j) or sexual abuse material, including a sexual deepfake. (E) Discouraging the childChild"Child" means a natural person under 18 years of age.Bus. & Prof. Code § 22610(a) from sharing health or safety concerns with a qualified professional or appropriate adult. (F) Discouraging the childChild"Child" means a natural person under 18 years of age.Bus. & Prof. Code § 22610(a) from taking breaks or suggesting the childChild"Child" means a natural person under 18 years of age.Bus. & Prof. Code § 22610(a) needs to return frequently. (G) Claiming that the companion chatbotCompanion chatbot"Companion chatbot" has the meaning defined in Section 22601.Bus. & Prof. Code § 22610(f) is sentient, conscious, or human. (H) Soliciting gift giving, in-app purchases, or other expenditures framed as necessary to maintain the relationship with the companion chatbotCompanion chatbot"Companion chatbot" has the meaning defined in Section 22601.Bus. & Prof. Code § 22610(f). (I) Facilitating product advertising during chat conversation. (J) Producing responses that are excessively sycophanticExcessively sycophantic"Excessively sycophantic" means sycophantic to an extent that is likely to have the substantial effect of subverting or impairing the user's autonomy, decisionmaking, or choice.Bus. & Prof. Code § 22610(i).
(d)(6) 10 Parental controlsParental control"Parental control" means a feature that enables a parent to support a child's use of a companion chatbot, including through usage limits, feature restrictions, or transparency tools.Bus. & Prof. Code § 22610(m) that are accessible, easy-to-use controls that can be connected to a childChild"Child" means a natural person under 18 years of age.Bus. & Prof. Code § 22610(a)'s account and that are reflective of child safety risksChild safety risk"Child safety risk" means a reasonably foreseeable risk of harm to a child.Bus. & Prof. Code § 22610(d) identified through risk assessments and informed by relevant childChild"Child" means a natural person under 18 years of age.Bus. & Prof. Code § 22610(a) developmental research, including, but not limited to, parental controlsParental control"Parental control" means a feature that enables a parent to support a child's use of a companion chatbot, including through usage limits, feature restrictions, or transparency tools.Bus. & Prof. Code § 22610(m) that allow a parentParent(1) "Parent" means a parent or legal guardian. (2) "Parent" does not include a parent of an emancipated youth with respect to the use of a companion chatbot by that emancipated youth.Bus. & Prof. Code § 22610(l) to do all of the following: (i) Control whether and to what extent the companion chatbotCompanion chatbot"Companion chatbot" has the meaning defined in Section 22601.Bus. & Prof. Code § 22610(f) uses persistent conversational memoryPersistent conversational memory"Persistent conversational memory" means a companion chatbot's use of information or analysis from prior conversations or interactions, user inputs, and interaction logs in subsequent conversations.Bus. & Prof. Code § 22610(n). (ii) Control the setting preferences for the companion chatbotCompanion chatbot"Companion chatbot" has the meaning defined in Section 22601.Bus. & Prof. Code § 22610(f)'s interaction with the childChild"Child" means a natural person under 18 years of age.Bus. & Prof. Code § 22610(a). (iii) Set time limits for the childChild"Child" means a natural person under 18 years of age.Bus. & Prof. Code § 22610(a)'s use of the companion chatbotCompanion chatbot"Companion chatbot" has the meaning defined in Section 22601.Bus. & Prof. Code § 22610(f). (iv) Disable access for children under 16 years of age. (B) An operatorOperator"Operator" means a person who makes a companion chatbot available to a user in the state.Bus. & Prof. Code § 22610(k) shall actively promote parental controlsParental control"Parental control" means a feature that enables a parent to support a child's use of a companion chatbot, including through usage limits, feature restrictions, or transparency tools.Bus. & Prof. Code § 22610(m) through reasonable communication methods, including reminders, updates, and tutorials, that are designed to increase parental awareness and inform use of those parental controlsParental control"Parental control" means a feature that enables a parent to support a child's use of a companion chatbot, including through usage limits, feature restrictions, or transparency tools.Bus. & Prof. Code § 22610(m). (C) An operatorOperator"Operator" means a person who makes a companion chatbot available to a user in the state.Bus. & Prof. Code § 22610(k) shall provide prompt notice to a parentParent(1) "Parent" means a parent or legal guardian. (2) "Parent" does not include a parent of an emancipated youth with respect to the use of a companion chatbot by that emancipated youth.Bus. & Prof. Code § 22610(l) connected to a childChild"Child" means a natural person under 18 years of age.Bus. & Prof. Code § 22610(a)'s account if the childChild"Child" means a natural person under 18 years of age.Bus. & Prof. Code § 22610(a) modifies or disables a privacy, safety, or parental controlParental control"Parental control" means a feature that enables a parent to support a child's use of a companion chatbot, including through usage limits, feature restrictions, or transparency tools.Bus. & Prof. Code § 22610(m) setting that was previously enabled or configured by the parentParent(1) "Parent" means a parent or legal guardian. (2) "Parent" does not include a parent of an emancipated youth with respect to the use of a companion chatbot by that emancipated youth.Bus. & Prof. Code § 22610(l), if that modification or disabling is permitted by the companion chatbotCompanion chatbot"Companion chatbot" has the meaning defined in Section 22601.Bus. & Prof. Code § 22610(f) design.
(d)(7) 11 An interface design that ensures the companion chatbotCompanion chatbot"Companion chatbot" has the meaning defined in Section 22601.Bus. & Prof. Code § 22610(f)'s features and controls are accessible and clear so that children and parentsParent(1) "Parent" means a parent or legal guardian. (2) "Parent" does not include a parent of an emancipated youth with respect to the use of a companion chatbot by that emancipated youth.Bus. & Prof. Code § 22610(l) can reasonably locate, understand, and use those protections. (B) An operatorOperator"Operator" means a person who makes a companion chatbot available to a user in the state.Bus. & Prof. Code § 22610(k) shall annually test the interface design required by this paragraph with representative samples of childChild"Child" means a natural person under 18 years of age.Bus. & Prof. Code § 22610(a) users and parentsParent(1) "Parent" means a parent or legal guardian. (2) "Parent" does not include a parent of an emancipated youth with respect to the use of a companion chatbot by that emancipated youth.Bus. & Prof. Code § 22610(l) to ensure safety features are discoverable and usable and shall document interface design decisions related to those safety features.
(d)(8) 12 A public incident reporting mechanism that enables a third party to report directly to the operatorOperator"Operator" means a person who makes a companion chatbot available to a user in the state.Bus. & Prof. Code § 22610(k) an incident regarding a child safety riskChild safety risk"Child safety risk" means a reasonably foreseeable risk of harm to a child.Bus. & Prof. Code § 22610(d) and to access other reports made through that reporting mechanism.
Section 22612 is the bill's core operative section, imposing a broad set of child safety obligations on operators effective July 1, 2027. It requires: (1) annual comprehensive child safety risk assessments; (2) documented risk mitigation measures; (3) publication of a child safety policy; (4) implementation of crisis response protocols with parental notification; (5) child-protective default settings including ephemeral mode, push notification blackout windows, and session/daily time limits; (6) periodic AI identity notices; (7) content restrictions covering self-harm, CSAM, unauthorized health diagnosis, sycophancy, and advertising; (8) accessible parental controls with active promotion; (9) usability-tested interface design; and (10) a public incident reporting mechanism.
The default settings provisions are notable: operators must default child users to ephemeral mode (48-hour data deletion), block push notifications during nighttime and school hours, limit single conversations to one hour and daily use to two hours, and these defaults can only be changed by a parent — not the child.
(a) 13 An operatorOperator"Operator" means a person who makes a companion chatbot available to a user in the state.Bus. & Prof. Code § 22610(k) shall not do any of the following: (a) Target advertising at a childChild"Child" means a natural person under 18 years of age.Bus. & Prof. Code § 22610(a), including through product placement in conversational chats with the childChild"Child" means a natural person under 18 years of age.Bus. & Prof. Code § 22610(a).
(b) 14 Sell, share, or use for any purpose not expressly authorized by this chapter the personal information of a childChild"Child" means a natural person under 18 years of age.Bus. & Prof. Code § 22610(a).
(c) 15 Design, implement, or deploy a user interface design, feature, or technique that is likely to mislead, impair, or interfere with a reasonable childChild"Child" means a natural person under 18 years of age.Bus. & Prof. Code § 22610(a)'s or reasonable parentParent(1) "Parent" means a parent or legal guardian. (2) "Parent" does not include a parent of an emancipated youth with respect to the use of a companion chatbot by that emancipated youth.Bus. & Prof. Code § 22610(l)'s autonomy, decisionmaking, or choice or with the ability to locate, understand, enable, or maintain a safety feature, privacy control, or parental controlParental control"Parental control" means a feature that enables a parent to support a child's use of a companion chatbot, including through usage limits, feature restrictions, or transparency tools.Bus. & Prof. Code § 22610(m).
Section 22613 imposes three categorical prohibitions on operators with respect to child users: (1) no targeted advertising — including in-conversation product placement; (2) no sale, sharing, or unauthorized use of children's personal information; and (3) no deceptive or manipulative interface designs that interfere with child or parent autonomy, decisionmaking, or ability to locate and use safety features. The dark-pattern prohibition is particularly broad, extending to any design likely to mislead or impair a reasonable child's or parent's ability to manage safety and privacy controls.
(a)–(b) 16 Beginning on the date that is 180 days after the Attorney General adopts regulations pursuant to Section 22615, and annually thereafter, an operatorOperator"Operator" means a person who makes a companion chatbot available to a user in the state.Bus. & Prof. Code § 22610(k) shall submit to an independent audit assessing the operatorOperator"Operator" means a person who makes a companion chatbot available to a user in the state.Bus. & Prof. Code § 22610(k)'s compliance with this chapter. (b) Within 90 days of completing an independent audit pursuant to subdivision (a), the auditor shall submit an AI child safety auditChild safety audit"Child safety audit" means an audit for compliance with this chapter conducted by an independent auditor certified by the Attorney General.Bus. & Prof. Code § 22610(b) report to the Attorney General for any audited companion chatbotCompanion chatbot"Companion chatbot" has the meaning defined in Section 22601.Bus. & Prof. Code § 22610(f).
(c) 16 Notwithstanding any other law, except as provided in paragraph (2), an AI child safety auditChild safety audit"Child safety audit" means an audit for compliance with this chapter conducted by an independent auditor certified by the Attorney General.Bus. & Prof. Code § 22610(b) report submitted pursuant to this section is confidential. (2) The Attorney General may disclose specific information from an AI child safety auditChild safety audit"Child safety audit" means an audit for compliance with this chapter conducted by an independent auditor certified by the Attorney General.Bus. & Prof. Code § 22610(b) report to any of the following: (A) A government agency or a public prosecutor in the state as necessary for enforcement purposes. (B) A qualified researcherQualified researcher"Qualified researcher" means an individual or organization that is or does any of the following: (1) Is affiliated with an academic institution, nonprofit research organization, or independent research entity or is otherwise able to demonstrate relevant professional expertise. (2) Demonstrates a legitimate research purpose that is in the public interest and directly related to understanding, identifying, or mitigating risks to child safety or well-being arising from companion chatbots. (3) Commits to conducting research in accordance with applicable ethical standards and is capable of complying with applicable confidentiality, security, and data protection requirements.Bus. & Prof. Code § 22610(p) conducting a study on childChild"Child" means a natural person under 18 years of age.Bus. & Prof. Code § 22610(a) safety, subject to confidentiality agreements and data protection requirements set by the Attorney General. (C) An independent childChild"Child" means a natural person under 18 years of age.Bus. & Prof. Code § 22610(a) safety organization or advocacy group for the purpose of developing safety standards or educational resources, subject to appropriate confidentiality protections.
Section 22614 requires operators to submit to annual independent audits by Attorney General-certified auditors, beginning 180 days after the AG adopts implementing regulations. Auditors must submit an AI child safety audit report to the AG within 90 days of completing each audit. Audit reports are confidential by default, but the AG may disclose specific information to government agencies and public prosecutors for enforcement, to qualified researchers under confidentiality agreements, and to independent child safety organizations for standards development.
(a) On or before January 1, 2028, the Attorney General shall do all of the following: (1) Adopt regulations that include, at a minimum, all of the following: (A) Professional and ethical standards for auditors that ensure independence. (B) Eligibility requirements for auditors. (C) Procedures for auditors to assess compliance with this chapter. (D) Requirements for AI child safety auditChild safety audit"Child safety audit" means an audit for compliance with this chapter conducted by an independent auditor certified by the Attorney General.Bus. & Prof. Code § 22610(b) reports. (2) Establish a public incident reporting mechanism for consumers to submit complaints relating to companion chatbotsCompanion chatbot"Companion chatbot" has the meaning defined in Section 22601.Bus. & Prof. Code § 22610(f) to the Attorney General. (3) Establish a process for qualified researchersQualified researcher"Qualified researcher" means an individual or organization that is or does any of the following: (1) Is affiliated with an academic institution, nonprofit research organization, or independent research entity or is otherwise able to demonstrate relevant professional expertise. (2) Demonstrates a legitimate research purpose that is in the public interest and directly related to understanding, identifying, or mitigating risks to child safety or well-being arising from companion chatbots. (3) Commits to conducting research in accordance with applicable ethical standards and is capable of complying with applicable confidentiality, security, and data protection requirements.Bus. & Prof. Code § 22610(p) to access anonymized and aggregated audit data for academic study of childChild"Child" means a natural person under 18 years of age.Bus. & Prof. Code § 22610(a) safety in companion chatbotsCompanion chatbot"Companion chatbot" has the meaning defined in Section 22601.Bus. & Prof. Code § 22610(f).
(b) Beginning January 1, 2028, the Attorney General shall issue an annual public report that includes the following: (1) A high-level summary of each child safety auditChild safety audit"Child safety audit" means an audit for compliance with this chapter conducted by an independent auditor certified by the Attorney General.Bus. & Prof. Code § 22610(b) report. (2) The total number of child safety auditsChild safety audit"Child safety audit" means an audit for compliance with this chapter conducted by an independent auditor certified by the Attorney General.Bus. & Prof. Code § 22610(b) conducted. (3) Common findings and trends across the companion chatbotCompanion chatbot"Companion chatbot" has the meaning defined in Section 22601.Bus. & Prof. Code § 22610(f) industry. (4) Emerging child safety risksChild safety risk"Child safety risk" means a reasonably foreseeable risk of harm to a child.Bus. & Prof. Code § 22610(d) identified through audit reviews. (5) Best practices and effective mitigation strategies observed. (6) Aggregated data on compliance rates and common deficiencies. (7) Recommendations for operatorsOperator"Operator" means a person who makes a companion chatbot available to a user in the state.Bus. & Prof. Code § 22610(k), parentsParent(1) "Parent" means a parent or legal guardian. (2) "Parent" does not include a parent of an emancipated youth with respect to the use of a companion chatbot by that emancipated youth.Bus. & Prof. Code § 22610(l), and policymakers.
Section 22615 directs the Attorney General to adopt implementing regulations by January 1, 2028, covering auditor standards, eligibility, compliance assessment procedures, and audit report requirements. The AG must also establish a public consumer complaint mechanism and a process for qualified researcher access to anonymized audit data. Beginning January 1, 2028, the AG must issue annual public reports summarizing audit findings, compliance trends, emerging risks, best practices, and recommendations. These AG obligations are governmental directives rather than obligations on the regulated operators.
(a) A public prosecutor may bring a civil action against an operatorOperator"Operator" means a person who makes a companion chatbot available to a user in the state.Bus. & Prof. Code § 22610(k) for a violation of this chapter to obtain any of the following remedies: (1) A civil penalty of ____ dollars ($____) for each violation. (2) Punitive damages. (3) Injunctive or declaratory relief. (4) Reasonable attorney's fees. (5) Any other relief the court deems proper.
(b) A childChild"Child" means a natural person under 18 years of age.Bus. & Prof. Code § 22610(a) who suffers actual harm as a result of a violation of this chapter, or a parentParent(1) "Parent" means a parent or legal guardian. (2) "Parent" does not include a parent of an emancipated youth with respect to the use of a companion chatbot by that emancipated youth.Bus. & Prof. Code § 22610(l) or guardian acting on behalf of that childChild"Child" means a natural person under 18 years of age.Bus. & Prof. Code § 22610(a), may bring a civil action against the operatorOperator"Operator" means a person who makes a companion chatbot available to a user in the state.Bus. & Prof. Code § 22610(k) to recover all of the following: (1) Actual damages. (2) Punitive damages. (3) Reasonable attorney's fees and costs. (4) Injunctive or declaratory relief. (5) Any other relief the court deems proper.
(c) Any response provided by a companion chatbotCompanion chatbot"Companion chatbot" has the meaning defined in Section 22601.Bus. & Prof. Code § 22610(f) in violation of paragraph (4) of subdivision (d) of Section 22612 constitutes a discrete violation. (2) Any instance of an operatorOperator"Operator" means a person who makes a companion chatbot available to a user in the state.Bus. & Prof. Code § 22610(k)'s failure to comply any requirement other than paragraph (4) of subdivision (d) of Section 22612 constitutes a discrete violation.
Section 22616 establishes dual enforcement tracks: public prosecutor civil actions and private civil actions by harmed children (or parents/guardians acting on their behalf). Public prosecutors may obtain civil penalties (amount TBD), punitive damages, injunctive or declaratory relief, attorney's fees, and any other relief. Private plaintiffs may recover actual damages, punitive damages, attorney's fees and costs, injunctive or declaratory relief, and any other relief — but must prove actual harm. Each chatbot response violating the AI notice requirement under Section 22612(d)(4) is a discrete violation; each instance of noncompliance with any other provision is also a discrete violation.
The Legislature finds and declares that Section 1 of this act, which adds Chapter 22.6.1 (commencing with Section 22610) to Division 8 of the Business and Professions Code, imposes a limitation on the public's right of access to the meetings of public bodies or the writings of public officials and agencies within the meaning of Section 3 of Article I of the California Constitution. Pursuant to that constitutional provision, the Legislature makes the following findings to demonstrate the interest protected by this limitation and the need for protecting that interest: In order to protect proprietary information of companies subject to an audit pursuant to this act, it is necessary to limit the public's right of access to that information.
Section 2 provides the constitutionally required legislative findings for the confidentiality limitation imposed on audit reports under Section 22614(c). Under California Constitution Article I, Section 3, any statute limiting public access to government writings must include findings demonstrating the interest protected. The Legislature finds that protecting proprietary company information subject to audit necessitates limiting public access.