Latest bill textIntroduced version, February 18, 2026 · 725 words
CALIFORNIA LEGISLATURE— 2025–2026 REGULAR SESSION
Assembly Bill
No. 2073
Introduced by Assembly Member Johnson
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February 18, 2026 |
An act to amend Section 1255.7 of the Health and Safety Code, and to amend Section 271.5 of the Penal Code, relating to child protection.
LEGISLATIVE COUNSEL'S DIGEST
AB 2073, as introduced, Johnson. Child protection: safe surrender.
Existing law defines a safe-surrender site to mean a location designated by the board of supervisors of a county or by a local fire agency, or a location within a public or private hospital that is designated by that hospital, to be responsible for accepting physical custody of a minor child who is 72 hours old or younger from a parent or individual who has lawful custody of that child and who surrenders the child. Existing law requires personnel on duty at a safe-surrender site to accept physical custody of the minor child, and to notify child protective services or a county agency providing child welfare services as soon as possible, but no later than 48 hours of accepting custody of the child. Existing law makes a violation of these provisions a crime.
This bill would authorize, but not require, a safe-surrender site to install an infant safety device, as defined. The bill would require that an infant safety device be climate controlled, equipped with a dual alarm system, as described, and provide for a process or mechanism that maintains the anonymity of an individual who is surrendering a minor child. The bill would require a safe-surrender site that does install an infant safety device to visually check the device and test the above-described alarm system at specified intervals. Because a violation of the provisions relating to safe-surrender sites is a crime, this bill would impose a state-mandated local program.
Under existing law, a parent or other individual with lawful custody of a minor child 72 hours old or younger who voluntarily surrenders physical custody of the child to personnel on duty at a safe-surrender site cannot be prosecuted for child abandonment.
This bill would additionally prevent a parent or other above-described individual from being prosecuted for child abandonment if the parent or individual voluntarily places the minor child in an infant safety device at a safe-surrender site.
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.
Vote: MAJORITY Appropriation: NO Fiscal Committee: YES Local Program: YES
The people of the State of California do enact as follows:
SECTION 1.
Section 1255.7 of the Health and Safety Code is amended to read:
1255.7.
(a)
(1)For purposes of this section,
“safe-surrender the following definitions apply:(1) (A) “Infant safety device” means a device that meets all of the following criteria:
(i) It is voluntarily installed by a safe-surrender site.
(ii)
It is physically located inside a safe-surrender site that is staffed 24 hours a day by medical or emergency personnel.(iii)
It is placed in a conspicuous location that is visible to personnel on duty at the safe-surrender site.
(iv)
It is equipped with an adequate dual alarm system that is connected to the physical location of the device and that alerts staff immediately when a child is placed inside.
(v)
It is climate-controlled and locks automatically upon closure.
(vi)
It provides for a process or mechanism that maintains the anonymity of an individual who is surrendering a minor child to a safe-surrender site.
(B) A safe-surrender site that installs an infant safety device shall ensure that the alarm system described in clause (iv)_is tested at least one time per week, and that the device is visually checked at least two times per day.
(2) “Lawful custody” means physical custody of a minor 72 hours old or younger accepted by a person from a parent of the minor, who the person believes in good faith is the parent of the minor, with the specific intent and promise of effecting the safe surrender of the minor.
(3) “Parent” means a birth parent of a minor child who is 72 hours old or younger.
(4) “Personnel” means a person who is an officer or employee of a safe-surrender site or who has staff privileges at the site.
(5) “Safe-surrender
site” means either of the following: