California · Senate Bill · 2025–2026 Regular Session
SB867
California SB 867 — Toys: companion chatbots

Status ● Engrossed Effective N/A Passage Likelihood H

WHAT THIS BILL REGULATES · 1 REQUIREMENT TYPE

How Is This Bill Enforced

Enforcement Authority
Civil liability under the existing companion chatbot enforcement provisions of Bus. & Prof. Code § 22604. No dedicated agency enforcement role is specified in this bill. The bill makes violations subject to the same civil liability as violations of the operator provisions in the existing companion chatbot chapter, which includes a private right of action for persons who suffer injury in fact.
Private Right of Action
private right of action for persons who suffer injury in fact.
Penalties
The bill incorporates by reference the civil liability provisions applicable to operators of companion chatbot platforms under Bus. & Prof. Code § 22604. Under that section, a person who suffers injury in fact may recover the greater of actual damages or $1,000 per violation, injunctive relief, and reasonable attorney's fees and costs. This bill does not independently specify damages amounts.

What This Bill Requires

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.

Statutory Text
Analysis & Obligations
Bus. & Prof. Code § 22601
Definitions

(a) \"Artificial intelligenceArtificial intelligence\"Artificial intelligence\" means an engineered or machine-based system that varies in its level of autonomy and that can, for explicit or implicit objectives, infer from the input it receives how to generate outputs that can influence physical or virtual environments.Bus. & Prof. Code § 22601(a)\" means an engineered or machine-based system that varies in its level of autonomy and that can, for explicit or implicit objectives, infer from the input it receives how to generate outputs that can influence physical or virtual environments.

(b)(1)–(2) \"Companion chatbotCompanion chatbot\"Companion chatbot\" means an artificial intelligence system with a natural language interface that provides adaptive, human-like responses to user inputs and is capable of meeting a user's social needs, including by exhibiting anthropomorphic features and being able to sustain a relationship across multiple interactions.Bus. & Prof. Code § 22601(b)\" means an artificial intelligenceArtificial intelligence\"Artificial intelligence\" means an engineered or machine-based system that varies in its level of autonomy and that can, for explicit or implicit objectives, infer from the input it receives how to generate outputs that can influence physical or virtual environments.Bus. & Prof. Code § 22601(a) system with a natural language interface that provides adaptive, human-like responses to user inputs and is capable of meeting a user's social needs, including by exhibiting anthropomorphic features and being able to sustain a relationship across multiple interactions.

(c) \"Companion chatbot platformCompanion chatbot platform\"Companion chatbot platform\" means a platform that allows a user to engage with companion chatbots.Bus. & Prof. Code § 22601(c)\" means a platform that allows a user to engage with companion chatbotsCompanion chatbot\"Companion chatbot\" means an artificial intelligence system with a natural language interface that provides adaptive, human-like responses to user inputs and is capable of meeting a user's social needs, including by exhibiting anthropomorphic features and being able to sustain a relationship across multiple interactions.Bus. & Prof. Code § 22601(b).

(d) \"OfficeOffice\"Office\" means the Office of Suicide Prevention established pursuant to Section 131300 of the Health and Safety Code.Bus. & Prof. Code § 22601(d)\" means the Office of Suicide Prevention established pursuant to Section 131300 of the Health and Safety Code.

(e) \"OperatorOperator\"Operator\" means a person who makes a companion chatbot platform available to a user in the state.Bus. & Prof. Code § 22601(e)\" means a person who makes a companion chatbot platformCompanion chatbot platform\"Companion chatbot platform\" means a platform that allows a user to engage with companion chatbots.Bus. & Prof. Code § 22601(c) available to a user in the state.

(f) \"Sexually explicit conductSexually explicit conduct\"Sexually explicit conduct\" has the meaning defined in Section 2256 of Title 18 of the United States Code.Bus. & Prof. Code § 22601(f)\" has the meaning defined in Section 2256 of Title 18 of the United States Code.

(g) \"ToyToy\"Toy\" means a product designed or intended by the manufacturer for use in play by children under 18 years of age.Bus. & Prof. Code § 22601(g)\" means a product designed or intended by the manufacturer for use in play by children under 18 years of age.

(h) \"Video gameVideo game\"Video game\" means a game played on an electronic amusement device that utilizes a computer, microprocessor, or similar electronic circuitry and its own monitor, or is designed to be used with a television set or a computer monitor, that interacts with the user of the device.Bus. & Prof. Code § 22601(h)\" means a game played on an electronic amusement device that utilizes a computer, microprocessor, or similar electronic circuitry and its own monitor, or is designed to be used with a television set or a computer monitor, that interacts with the user of the device.

Section 1 of the bill amends the existing definitions section of the companion chatbot chapter (Bus. & Prof. Code § 22601) to add a definition of Toy — a product designed or intended by the manufacturer for use in play by children under 18 years of age. The amended version broadens the age threshold from the struck prior version, which was limited to children 12 and under. All other existing definitions — including Companion chatbot, Operator, and the carve-outs for customer-service bots, video game bots, and stand-alone voice assistants — are carried forward without change.

Bus. & Prof. Code § 22604.5
Prohibition on toys with companion chatbots
DeployerManufacturer

(a) 1 No person shall manufacture, sell, or exchange, possess with intent to sell or exchange, or expose or offer for sale or exchange to any retailer any toyToy\"Toy\" means a product designed or intended by the manufacturer for use in play by children under 18 years of age.Bus. & Prof. Code § 22601(g) that includes a companion chatbotCompanion chatbot\"Companion chatbot\" means an artificial intelligence system with a natural language interface that provides adaptive, human-like responses to user inputs and is capable of meeting a user's social needs, including by exhibiting anthropomorphic features and being able to sustain a relationship across multiple interactions.Bus. & Prof. Code § 22601(b).

(b) This section shall remain in effect only until January 1, 2031, and as of that date is repealed.

Section 22604.5 is the bill's sole operative provision. It categorically prohibits any person from manufacturing, selling, exchanging, possessing with intent to sell or exchange, or offering for sale to a retailer any toy that includes a companion chatbot. The prohibition applies across the entire supply chain — from manufacturer through retailer — and is not limited to operators of companion chatbot platforms. The provision sunsets on January 1, 2031.

The legislative digest confirms that violations are subject to the same civil liability as violations of the companion chatbot operator obligations under the existing chapter, providing a private right of action rather than criminal penalties.

Compliance actions 1 item
1
No person may manufacture, sell, exchange, possess with intent to sell or exchange, or offer for sale to any retailer a toyToy\"Toy\" means a product designed or intended by the manufacturer for use in play by children under 18 years of age.Bus. & Prof. Code § 22601(g) that includes a companion chatbotCompanion chatbot\"Companion chatbot\" means an artificial intelligence system with a natural language interface that provides adaptive, human-like responses to user inputs and is capable of meeting a user's social needs, including by exhibiting anthropomorphic features and being able to sustain a relationship across multiple interactions.Bus. & Prof. Code § 22601(b). This prohibition sunsets on January 1, 2031.
S-02

Passage Likelihood

High
Status Engrossed
Chamber Passed origin
Committee Passed
Majority party Yes
Bipartisan Yes
Prior session None

Legislative History

2026-01-05 Introduced. Read first time. To Com. on RLS. for assignment. To print.
2026-01-06 From printer. May be acted upon on or after February 5.
2026-02-18 Referred to Coms. on P., D.T., & C.P. and APPR.
2026-02-23 From committee with author's amendments. Read second time and amended. Re-referred to Com. on P., D.T., & C.P.
2026-03-16 Set for hearing April 6.
2026-04-07 From committee: Do pass and re-refer to Com. on APPR. (Ayes 9. Noes 0. Page 3741.) (April 6). Re-referred to Com. on APPR.
2026-04-10 Set for hearing April 20.
2026-04-20 April 20 hearing: Placed on APPR. suspense file.
2026-05-08 Set for hearing May 14.
2026-05-14 From committee: Do pass as amended. (Ayes 7. Noes 0.) (May 14).
2026-05-14 Read second time and amended. Ordered to second reading.
2026-05-18 Read second time. Ordered to third reading.
2026-05-26 Ordered to special consent calendar.
2026-05-28 Read third time. Passed. (Ayes 39. Noes 0.) Ordered to the Assembly.
2026-05-28 In Assembly. Read first time. Held at Desk.

Entry Last Reviewed

2026-06-01
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