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CA SB 867

California Senate Bill 867 - AI Chatbot Toy Moratorium Act

Proposes a 4-year moratorium on the sale and manufacturing of toys with AI chatbot capabilities for children under 12. During the moratorium, a task force would develop safety standards with input from technologists, parents, and ethicists.

Jurisdiction

California

Enacted

Pending

Effective

TBD

Enforcement

To be determined (likely California Attorney General)

Introduced January 5, 2026 by Sen. Padilla. Passed the Senate 39-0 on May 28, 2026 and moved to the Assembly. Reported out of Assembly Appropriations do-pass-as-amended 11-0 on August 13, 2026 with Assembly Rule 63 suspended, read a second time and amended, then read a third time and amended again on August 27, 2026 (Joint Rule 61(b)(16) suspended) and re-ordered to third reading. Listed by the Legislature as an active bill in the floor process, in the Assembly, as of August 30, 2026. An Assembly floor vote and Senate concurrence are still required before the session adjourns August 31, 2026.

Senator Steve Padilla Official Announcement

Why It Matters

This is the first-in-the-nation attempt to regulate AI chatbots embedded in children's toys. It directly addresses concerns about adaptive AI systems that record and analyze children's voices and behaviors. The 4-year moratorium provides time to develop safety standards while protecting children from potentially harmful AI interactions through toys.

Recent Developments

Advanced materially in August 2026: out of Assembly Appropriations 11-0 on August 13, second reading and amendment the same day, third reading and further amendment on August 27, 2026, each time being re-ordered to third reading. No Assembly floor passage vote had been recorded on the Legislature bill history as of August 30, 2026, one day before adjournment. Status corrected from proposed to pending in this sweep: the prior record still described the bill as needing to clear Senate Rules and policy committees, which the Senate 39-0 passage on May 28, 2026 had already superseded.

At a Glance

Applies to

AI Companion Minors-focused

Who Must Comply

  • Toy manufacturers operating in California
  • Toy retailers selling in California
  • Products defined as toys designed for children 12 years or younger with AI chatbot functionality

Applicability thresholds:

Under 12 years old — Toy with AI chatbot cannot be sold or manufactured for this age group during moratorium

Safety Provisions

  • Bans sale and manufacturing of AI chatbot toys for children under 12 for 4 years
  • Establishes task force to develop safety standards during moratorium period
  • Requires multi-stakeholder input (technologists, parents, ethicists) for standard development
  • Addresses adaptive AI that records and analyzes children's voice and behavioral patterns

Compliance & Enforcement

Key Dates

Jan 1, 2031

Moratorium would end; safety standards would take effect

Penalties

To be determined in final bill text

View on map

California

Focus Areas

Mental health & crisis
Child safety

Cite This

APA

California. (n.d.). California Senate Bill 867 - AI Chatbot Toy Moratorium Act.

Related Regulations

In Effect US-CA

CA AB 489

Prohibits AI systems from using terms, letters, or phrases that falsely indicate or imply possession of a healthcare professional license.

Enjoined US-CA

CA AADC

Would require child-focused risk assessments (DPIA-style), safer defaults, and limits on harmful design patterns. Currently blocked on First Amendment grounds.

Enacted US-IL

IL HB 5511

Requires covered operators of online platforms to apply protective default settings to users they know to be minors, including limits on algorithmic feeds, a 10 p.m. to 7 a.m. notification curfew and no autoplay by default on addictive social media platforms, and establishes a device-level age-bracket signal that Internet-enabled device manufacturers must provide and operators must request. Announced by the Governor as the Children's Social Media Safety Act, the title of the bill as introduced. Enforced by the Attorney General.

Enacted US-IA

IA SF 2417

Establishes requirements and guidelines for conversational AI services including AI disclosure to minors, prohibition on sexually explicit content for minors, prevention of deceptive human-like interactions, and parental controls for children under 13.

Enacted US-CO

CO HB 1263

Imposes obligations on conversational AI service operators including minor-user protections, suicide and self-harm protocols, prohibition on emotional dependence and engagement gamification, and annual safeguard reporting.

Enacted US-ID

ID Conversational AI Safety

Establishes safety requirements for public-facing conversational AI, including crisis service referrals for suicidal ideation, AI disclosure obligations, and enhanced protections for minors including anti-gamification and content safeguards.

Last updated August 30, 2026. Verify against primary sources before relying on this information.