AB 1854 California Assembly · 2025-2026 Regular Session

Legally protected health care activities.

Summary

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.

Bill status passed both 4 of 5 stages cleared

Introduction

Feb 2026

Committee Review

Aug 2026

Assembly Passage

May 2026

Senate Passage

Aug 2026

Governor

Introduced Feb 11, 2026 Last action Aug 28, 2026

Maddy AI version diff · 4 comparisons

What changed between versions

05/18/26 - Amended Assembly → 08/26/26 - Enrolled · 4 edits · Aug 26, 2026

MODERATE

The enrolled version of AB 1854 removes a broad provision that prohibited any California-based person or entity from complying with out-of-state inquiries, investigations, subpoenas, or summons regarding legally protected health care activity unless multiple conditions were met (including notifying the Attorney General within 7 days, waiting 30 days, and notifying affected individuals). It also removes the right of such persons to bring a civil action for declaratory relief. The bill now retains only the narrower protection for California corporations providing electronic communication, remote computing, or financial services.

SCOPE

Removed the broad prohibition (former subdivision (f) of Section 13778.3) that barred any person or entity located, headquartered, or incorporated in California from complying with out-of-state civil, criminal, or regulatory inquiries, investigations, subpoenas, or summons regarding legally protected health care activity unless specific conditions were met, including an affidavit under penalty of perjury, notification to the Attorney General within 7 days, a 30-day waiting period, and reasonable attempts to notify affected individuals.

The legislative counsel's digest was revised to remove the statement that the bill would 'extend those provisions to also apply to legally protected health care activities out of this state,' reflecting the removal of the broad compliance restriction. The remaining protections still apply 'regardless of the patient's location' in the arrest and cooperation provisions (Section 13778.2).

ENFORCEMENT

Removed the provision (former subdivision (g)) authorizing any California-based person or entity subject to an out-of-state inquiry about legally protected health care activity to institute a civil action for declaratory relief or other court-ordered relief stating that the section prohibits compliance.

REQUIREMENT

Removed the requirement (former subdivision (h)) that notice and a copy of the commencing document be served on the Attorney General before or at the commencement of any civil action under the section, and removed the provision (former subdivision (i)) authorizing the Attorney General to intervene in such actions.

03/19/26 - Amended Assembly → 05/18/26 - Amended Assembly · 6 edits · May 18, 2026

MODERATE

The May 18 amendment makes three major substantive changes: (1) it expands protections to apply regardless of where the patient is located, meaning California will shield people who travel out of state for legally protected health care; (2) it extends the prohibition on complying with out-of-state legal process to California corporations providing financial services (a newly defined category covering banks, credit unions, and money transfer entities); and (3) it removes the entire section that would have required the Attorney General to collect and report data on anti-reproductive-rights crimes.

SCOPE

Section 13778.2 now applies 'regardless of the patient's location' in all its subdivisions (a), (b), (c)(1), and (c)(2). Previously, protections only covered activities performed or obtained 'in this state.' This means California law enforcement cannot arrest someone for obtaining a legally protected health care activity even if the patient traveled to another state to do so.

Section 13778.3(f) now prohibits California corporations providing financial services (in addition to electronic communication or remote computing services) from complying with out-of-state legal process seeking customer records related to legally protected health care activity, unless the required affidavit is included.

DEFINITION

A new definition of 'Financial services' is added to Section 13778.3, meaning services provided by an entity that receives deposits, extends credit, conducts fund transfers, or transports cash or financial instruments.

ENFORCEMENT

The entire section amending Penal Code Section 13777 is deleted. That section would have required the Attorney General to collect data on anti-reproductive-rights crimes, direct local law enforcement and district attorneys to submit monthly reports to the Department of Justice, produce annual reports to the Legislature beginning July 1, 2025, and develop a plan to prevent, apprehend, prosecute, and report such crimes.

TECHNICAL

The bill's title no longer references Section 13777, and the legislative counsel digest heading drops 'Anti-reproductive-rights crimes,' retaining only 'Legally protected health care activities.'

FISCAL

Fiscal committee review changed from 'no' to 'yes,' indicating the bill now requires fiscal analysis, likely due to the expanded scope of obligations imposed on state and local agencies.

02/11/26 - Introduced → 03/19/26 - Amended Assembly · 9 edits · Mar 19, 2026

MAJOR

AB 1854 was dramatically expanded from a minor technical fix to the anti-reproductive-rights crime reporting statute into a comprehensive shield law that protects California residents and visitors from out-of-state legal actions related to legally protected health care activities. The amended bill adds new provisions prohibiting arrests, subpoenas, and cooperation with out-of-state investigations, expands coverage from just California corporations to any person or entity in the state, and creates enforcement mechanisms with monetary penalties of $10,000 to $15,000 per violation.

Scope change

The bill's scope expanded from a narrow technical amendment to one Penal Code section (reporting requirements for anti-reproductive-rights crimes) to a multi-section shield law covering extradition, law enforcement conduct, subpoena restrictions, cooperation prohibitions, and civil enforcement with monetary penalties. It now applies to any person or entity in California, not just corporations providing electronic communication services.

SCOPE

Added new Section 1549.1 allowing the Governor to surrender persons to other states for acts committed in California that intentionally result in crimes elsewhere, and prohibiting law enforcement from arresting anyone the Governor has declined to surrender.

Section 13778.2 declares that out-of-state laws imposing civil or criminal penalties for legally protected health care activities performed in California are against the public policy of this state.

The prohibition on complying with out-of-state legal process was expanded from only 'California corporations' providing electronic communication services to any person or entity located, headquartered, or incorporated in California that receives an inquiry, investigation, subpoena, or summons regarding legally protected health care activity.

REQUIREMENT

Section 13778.2 now prohibits state or local law enforcement from knowingly arresting anyone for performing, supporting, or aiding a legally protected health care activity performed in California, and prohibits public agencies from cooperating with out-of-state entities regarding such activities.

New conditions added before a California person or entity may comply with an out-of-state inquiry: (1) the request must include a perjury affidavit, (2) the recipient must notify the Attorney General within 7 days, (3) the recipient must make reasonable attempts to notify affected individuals at least 30 days before responding, and (4) at least 30 days must pass after notifying the AG.

Any person or entity subject to the new provisions may file a civil action for declaratory relief stating that the law prohibits compliance with the inquiry. The AG must be served notice and may intervene in such actions.

ENFORCEMENT

The Attorney General is authorized to bring civil enforcement actions with statutory penalties of $10,000 for a first violation and $15,000 for each subsequent violation against anyone who intentionally, knowingly, willingly, or recklessly complies with an out-of-state inquiry in violation of the law. The AG also receives all attorney's fees and costs.

A person or entity that submits a false affidavit under penalty of perjury faces a civil penalty of $15,000, enforceable by the Attorney General within six years.

FISCAL

Fiscal committee review changed from 'no' to 'yes' and state-mandated local program changed from 'no' to 'yes', reflecting the new enforcement obligations and costs imposed on local agencies.

Floor votes · Senate Aug 24, 2026 · Assembly May 27, 2026

How they voted

30–10

Passed

Total votes 40

Aug 24, 2026

D Democratic30

30 Yea

100% Yea

R Republican10

10 Nay

100% Nay

Vote distribution

All Yea All Nay Mixed No data

Full legislative history

Actions timeline

Total actions

Key actions

Committee

Amendments

Aug 24, 2026

Lower · Passed

In Assembly. Ordered to Engrossing and Enrolling.

lower

Aug 24, 2026

Upper · Passed

Read third time. Passed. Ordered to the Assembly. (Ayes 29. Noes 10.).

upper

Aug 13, 2026

Upper · Passed

From committee: Do pass. (Ayes 4. Noes 2.) (August 13).

upper

Aug 3, 2026

Committee

In committee: Referred to APPR. suspense file.

upper

Jul 1, 2026

Upper · Passed

From committee: Do pass and re-refer to Com. on APPR. (Ayes 11. Noes 2.) (June 30). Re-referred to Com. on APPR.

upper

Jun 24, 2026

Upper · Passed

From committee: Do pass and re-refer to Com. on JUD. (Ayes 5. Noes 1.) (June 23). Re-referred to Com. on JUD.

upper

Jun 10, 2026

Committee

Referred to Coms. on PUB. S. and JUD.

upper

May 27, 2026

Lower · Passed

Read third time. Passed. Ordered to the Senate. (Ayes 60. Noes 17.)

lower

May 18, 2026

Lower · Passed

Read third time and amended. Ordered to third reading. (Page 5142.)

lower

May 14, 2026

Lower · Passed

From committee: Do pass. (Ayes 11. Noes 4.) (May 14).

lower

May 6, 2026

Committee

In committee: Set, first hearing. Referred to APPR. suspense file.

lower

Apr 22, 2026

Lower · Passed

From committee: Do pass and re-refer to Com. on APPR. (Ayes 9. Noes 3.) (April 21). Re-referred to Com. on APPR.

lower

Apr 15, 2026

Lower · Passed

From committee: Do pass and re-refer to Com. on JUD. (Ayes 7. Noes 1.) (April 14). Re-referred to Com. on JUD.

lower

Mar 23, 2026

Committee

Re-referred to Com. on PUB. S.

lower

Mar 19, 2026

Introduced

From committee chair, with author's amendments: Amend, and re-refer to Com. on PUB. S. Read second time and amended.

lower

Mar 19, 2026

Committee

Referred to Coms. on PUB. S. and JUD.

lower

Feb 12, 2026

Lower · Passed

From printer. May be heard in committee March 14.

lower

1 primary · 7 co-sponsors