Assembly BillChaptered/SignedPenal
AB 1854: Legally protected health care activities.
What AB 1854 does, verified September 29, 2026
The bill aims to protect healthcare professionals and organizations from out-of-state law enforcement and judicial interference. It prohibits California law enforcement and agencies from participating in the arrest of individuals performing or supporting healthcare activities that are lawful in California, even if those activities occur out of state. The bill also prevents California entities from complying with out-of-state subpoenas, warrants, or investigations related to healthcare activities unless certain conditions are met. If a California entity complies with an out-of-state inquiry, it may face a $10,000 fine for the first violation and $15,000 for subsequent violations. The bill authorizes the attorney general to enforce these provisions and allows for civil actions to be taken against entities that comply with out-of-state inquiries in violation of the law.
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Last action: Chaptered by Secretary of State - Chapter 485, Statutes of 2026. (2026-09-27)Alert me
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| Sep. 27, 2026 | Chaptered by Secretary of State - Chapter 485, Statutes of 2026. |
| Sep. 27, 2026 | Approved by the Governor. |
| Aug. 28, 2026 | Enrolled and presented to the Governor at 3:30 p.m. |
| Aug. 24, 2026 | In Assembly. Ordered to Engrossing and Enrolling. |
| Aug. 24, 2026 | Read third time. Passed. Ordered to the Assembly. (Ayes 29. Noes 10.). |
Latest bill textChaptered version, September 27, 2026 · 2,434 words
Assembly Bill No. 1854
CHAPTER 485
An act to amend Sections 1549.1, 13778.2, and 13778.3 of the Penal Code, relating to criminal law.
[ Approved by Governor September 27, 2026. Filed with Secretary of State September 27, 2026. ]
LEGISLATIVE COUNSEL'S DIGEST
AB 1854, Krell. Legally protected health care activities.
Existing law prohibits a state or local law enforcement agency or officer from knowingly arresting or knowingly participating in the arrest of any person for performing, supporting, or aiding in the performance of a legally protected health care activity, as defined, or for obtaining a legally protected health care activity, if the legally protected health care activity is lawful in this state. Existing law prohibits a state or local public agency from cooperating with or providing information to an individual or agency from another state or a federal law enforcement agency, as specified, regarding a legally protected health care activity. Existing law prohibits specified persons, including a judicial officer, a court employee, or an authorized attorney, among others, from issuing a subpoena in connection with a proceeding in another state regarding an individual performing, supporting, or aiding in the performance of a legally protected health care activity in this state, or an individual obtaining a legally protected health care activity in this state, if the legally protected health care activity is lawful in this state.
This bill would make those provisions apply regardless of the patient’s location.
Existing law authorizes the Governor to surrender, on demand of the executive authority of any other state, any person in this state charged in the other state with committing an act in this state, or in a 3rd state, intentionally resulting in a crime in the state whose executive authority is making the demand.
This bill would additionally prohibit a state or local law enforcement agency or officer from knowingly arresting or participating in the arrest of any person who the Governor has declined to surrender.
Existing law requires any out-of-state subpoena, warrant, wiretap order, pen register trap and trace order, or other legal process to include an affidavit or declaration under penalty of perjury that the discovery request is not in connection with an out-of-state proceeding relating to a legally protected health care activity, except as specified.
Existing law prohibits a California corporation that provides electronic communication services or remote computing services to the general public from complying with an out-of-state subpoena, warrant, wiretap order, pen register trap and trace order, other legal process, or request by a law enforcement agent or entity seeking records that would reveal the identity of the customers using those services, data stored by, or on behalf of, the customer, the customer’s usage of those services, the recipient or destination of communications sent to or from those customers, or the content of those communications, unless the out-of-state subpoena, warrant, wiretap order, pen register trap and trace order, other legal process, or request from law enforcement includes the affidavit or declaration described above.
This bill would extend those provisions to also apply to a California corporation that provides financial services, as defined, to the general public. By expanding the situations in which a declaration under penalty of perjury is required, this bill would expand the scope of the crime of perjury and impose a state-mandated local program.
The bill would authorize the Attorney General to commence an action to enforce these provisions, as specified, and would authorize the court to assess a statutory penalty of $10,000 for a first violation, and $15,000 for a 2nd or subsequent violation, against any person or entity found to have intentionally, knowingly, willingly, or recklessly complied with or provided information in response to an inquiry, investigation, subpoena, or summons regarding legally protected health care activity in violation of these provisions.
The California Constitution requires the state to reimburse local agencies and school districts for certain costs mandated by the state. Statutory provisions establish procedures for making that reimbursement.
This bill would provide that no reimbursement is required by this act for a specified reason.
The people of the State of California do enact as follows:
SECTION 1.
Section 1549.1 of the Penal Code is amended to read:1549.1.
(a) The Governor of this state may also surrender, on demand of the executive authority of any other state, any person in this state charged in the other state in the manner provided in Section 1548.2 with committing an act in this state, or in a third state, intentionally resulting in a crime in the state whose executive authority is making the demand. The provisions of this chapter, not otherwise inconsistent, shall apply to those cases, even though the accused was not in the demanding state at the time of the commission of the crime, and has not fled therefrom. Neither the demand, the oath, nor any proceedings under this chapter pursuant to this section need state or show that the accused has fled from justice from, or at the time of the commission of the crime was in, the demanding or other state.(b) A state or local law enforcement agency or officer shall not knowingly arrest or knowingly participate in the arrest of any person who the Governor has declined to surrender, on the demand of the executive authority of any other state, pursuant to subdivision (a).
SEC. 2.
Section 13778.2 of the Penal Code is amended to read:13778.2.
(a) A state or local law enforcement agency or officer shall not knowingly arrest or knowingly participate in the arrest of any person for performing, supporting, or aiding in the performance of a legally protected health care activity, as defined in Section 1549.15, regardless of the patient’s location, or obtaining a legally protected health care activity, as defined in Section 1549.15, regardless of the patient’s location, if the legally protected health care activity is lawful under the laws of this state.(b) A state or local public agency, or any employee thereof acting in their official capacity, shall not cooperate with or provide information to any individual or agency or department from another state or, to the extent permitted by federal law, to a federal law enforcement agency regarding a legally protected health care activity, as defined in Section 1549.15, that is lawful under the laws of this state, regardless of the patient’s location.
(c) (1) A law of another state that authorizes the imposition of civil or criminal penalties related to an individual performing, supporting, or aiding in the performance of a legally protected health care activity, as defined in Section 1549.15, regardless of the patient’s location, or an individual obtaining a legally protected health care activity, as defined in Section 1549.15, regardless of the patient’s location, if the legally protected health care activity is lawful under the laws of this state, is against the public policy of this state.
(2) No state court, judicial officer, or court employee or clerk, or authorized attorney shall issue a subpoena pursuant to any state law in connection with a proceeding in another state regarding an individual performing, supporting, or aiding in the performance of a legally protected health care activity, as defined in Section 1549.15, regardless of the patient’s location, or an individual obtaining a legally protected health care activity, as defined in Section 1549.15, regardless of the patient’s location, if the legally protected health care activity is lawful under the laws of this state.
(d) This section does not prohibit the investigation of any criminal activity in this state that may involve the performance of a legally protected health care activity, as defined in Section 1549.15, provided that information relating to any medical procedure performed on a specific individual is not shared with an agency or individual from another state for the purpose of enforcing another state’s law involving a legally protected health care activity.
SEC. 3.
Section 13778.3 of the Penal Code is amended to read:13778.3.
(a) For purposes of this section, the following terms shall have the following meaning:(1) “Gender-affirming health care” and “gender-affirming mental health care” have the same meaning as in paragraph (3) of subdivision (b) of Section 16010.2 of the Welfare and Institutions Code.
(2) “Legally protected health care activity” shall have the same meaning as in Section 1549.15.
(3) “Reproductive health care services” shall have the same meaning as in Section 1549.15.
(4) “California corporation” refers to any corporation or other entity that is subject to Section 102 of the Corporations Code, with the exception of foreign corporations.
(5) “Financial services” means services provided by an entity that receives deposits, extends credit, conducts fund transfers, or transports cash or financial instruments.
(b) A state or local government employee, person or entity contracted by a state or local government, or person or entity acting on behalf of a local or state government shall not cooperate with or provide information to any individual, including a bondsman or person authorized, pursuant to subdivision (a) of Section 1299.02, to apprehend, detain, or arrest a fugitive admitted to bail in another state, or out-of-state agency or department regarding any legally protected health care activity or otherwise expend or use time, moneys, facilities, property, equipment, personnel, or other resources in furtherance of any investigation or proceeding that seeks to impose civil or criminal liability or professional sanctions upon a person or entity for any legally protected health care activity that occurred in this state or that would be legal if it occurred in this state.
(c) This section does not prohibit compliance with a valid, court-issued subpoena, warrant, wiretap order, pen register trap and trace order, or other legal process which does not relate to a law seeking to impose civil or criminal liability or professional sanctions for a legally protected health care activity, or in response to the written request of a person who is the subject of such an investigation or proceeding, to the extent necessary, in each case, to fulfill such request.
(d) Any out-of-state subpoena, warrant, wiretap order, pen register trap and trace order, legal process, or request from any law enforcement agent or entity shall include an affidavit or declaration under penalty of perjury that the discovery is not in connection with, and any information obtained shall not be used in, an out-of-state proceeding relating to any legally protected health care activity or an affidavit or declaration under penalty of perjury that the out-of-state proceeding meets all of the following requirements:
(1) Is based in tort, contract, or on statute.
(2) Is actionable, in an equivalent or similar manner, under the laws of this state.
(3) Was brought by the patient who received a legally protected health care activity or the patient’s legal representative.
(e) A state court, judicial officer, court employee or clerk, or authorized attorney shall not issue a subpoena pursuant to any other state’s law unless it includes the affidavit or declaration described in subdivision (d).
(f) A California corporation that provides electronic communication services or remote computing services to the general public or that provides financial services to the general public shall not comply with an out-of-state subpoena, warrant, wiretap order, pen register trap and trace order, other legal process, or request by a law enforcement agent or entity seeking records that would reveal the identity of the customers using those services, data stored by, or on behalf of, the customer, the customer’s usage of those services, the recipient or destination of communications sent to or from those customers, or the content of those communications, unless the out-of-state subpoena, warrant, wiretap order, pen register trap and trace order, other legal process, or request from law enforcement includes the affidavit or declaration described in subdivision (d). A corporation subject to this subdivision is entitled to rely on the representations made in the affidavit or declaration.
(g) (1) The Attorney General may commence a civil action against a person or entity that submits a false affidavit in violation of subdivision (d). Any action brought by the Attorney General pursuant to this section shall be commenced within six years of the date on which the Attorney General received notice of the subpoena, warrant, wiretap order, pen register trap and trace order, legal process, or request from any law enforcement agent or entity that the false affidavit accompanied.
(2) A person or entity that submits a false affidavit in violation of subdivision (d) shall be punished by a civil penalty of fifteen thousand dollars ($15,000). This shall be in addition to any other penalties or remedies provided by law.
(h) The Attorney General may commence an action to enforce the provisions of this section, including, but not limited to, an application or motion for an order enjoining ongoing or future violations of this section. The Attorney General shall not commence that action unless the Attorney General has reason to believe the defendant or respondent intends to comply or has complied with, or intends to provide information in response to or has provided information in response to, an inquiry, investigation, subpoena, or summons regarding legally protected health care activity.
(1) Any action brought by the Attorney General pursuant to this section shall be commenced within six years of the date on which the Attorney General received the notice of the inquiry, investigation, subpoena, or summons at issue.
(2) Notwithstanding any contrary provision of law, the Attorney General may seek all available legally and equitable remedies.
(3) The court of this state shall assess a statutory penalty of ten thousand dollars ($10,000) for the first violation and fifteen thousand dollars ($15,000) for the second and each subsequent violation against any person or entity found to have intentionally, knowingly, willingly, or recklessly complied with or provided information in response to an inquiry, investigation, subpoena, or summons regarding legally protected health care activity in violation of this section. This shall be in addition to any other legal or equitable remedy lawfully available. The Attorney General shall be awarded all attorney’s fees and costs in any civil action in which a court imposes any of the penalties described in this section.
SEC. 4.
No reimbursement is required by this act pursuant to Section 6 of Article XIII B of the California Constitution because the only costs that may be incurred by a local agency or school district will be incurred because this act creates a new crime or infraction, eliminates a crime or infraction, or changes the penalty for a crime or infraction, within the meaning of Section 17556 of the Government Code, or changes the definition of a crime within the meaning of Section 6 of Article XIII B of the California Constitution.Text of AB 1854 as chaptered, from the official record. Connect Plus keeps every version and highlights what changed.Compare versions