SB 1095 California Senate · 2025-2026 Regular Session

Fusion centers.

Summary

Existing law, the California Emergency Services Act, creates, within the office of the Governor, the Office of Emergency Services, which is responsible for addressing natural, technological, or human-caused disasters and emergencies, including responsibility for activities necessary to prevent, respond to, recover from, and mitigate the effects of emergencies and disasters to people and property. This bill would prohibit a law enforcement agency from participating in activity, cooperating, or disclosing or sharing information with a fusion center unless the elected governing body or council of the law enforcement agency, or governing board if no elected body exists, has entered into a written memorandum of understanding (MOU) with the fusion center. The bill would define "fusion center" to mean a state-owned center operated by the Office of Emergency Services or operated by an executive board consisting of local, state, and federal members, that gathers, analyses, and shares information. The bill would require the MOU to provide, among other things, that information shall not be shared with an individual employed by or contracting with a federal immigration enforcement agency or for immigration enforcement purposes, except pursuant to a judicial warrant, and that a violation of its terms shall result in the termination of the MOU and the withdrawal of the law enforcement agency from participation in the fusion center, as provided. The bill would also require the local governing body or council, or the law enforcement agency if no governing body or council exists, to publicly post a signed copy of the MOU on its internet website. By imposing additional duties on local governments with respect to fusion centers, this bill would create a state-mandated local program. This bill would, commencing January 1, 2029, and every 4 years thereafter, require the Department of Justice to conduct a performance and compliance audit of a representative sample of law enforcement agencies and fusion centers that includes any law enforcement agency that has had its MOU terminated, and submit that audit to the Legislature, as provided. This bill would authorize state elected officials and their accompanying staff to enter any fusion center for inspections, with 24 hours prior notice, as provided. This bill would, starting on January 1, 2028, and each year thereafter, require every fusion center in California to submit a report to the Department of Justice that includes specified information, including, among other things, any policies and standards for the use and retention of data gathered, processed, or analyzed by the fusion center and detailed procedures for requesting and conducting site visits requested by elected officials and their staff. 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, if the Commission on State Mandates determines that the bill contains costs mandated by the state, reimbursement for those costs shall be made pursuant to the statutory provisions noted above.

Bill status died 1 of 4 stages cleared

Introduction

Feb 2026

Committee Review

Floor Vote

Governor

Introduced Feb 13, 2026 Last action May 14, 2026

Maddy AI version diff · 3 comparisons

What changed between versions

04/23/26 - Amended Senate → SB1095 · 6 edits

MODERATE

The final version of SB 1095 makes several substantive changes from the April 23 Senate amendment: it broadens the definition of 'fusion center' beyond only OES-operated centers, requires 24 hours prior notice for elected official inspections (previously no notice was needed), shifts annual reporting responsibility from the Office of Emergency Services to each individual fusion center with a one-year delay, and replaces the blanket 'no reimbursement' mandate provision with a standard reimbursement-if-mandates-found clause.

DEFINITION

The definition of 'fusion center' was broadened. The old version limited it to 'a state-owned center operated by the Office of Emergency Services.' The new version defines it as a center 'operated by an executive board consisting of local, state, and federal members,' which could encompass more centers beyond those directly run by OES.

ENFORCEMENT

Elected official inspection access was significantly restricted. The old version allowed entry 'without prior notice or authorization.' The new version requires 24 hours prior notice and that inspectors agree to adhere to fusion center policies on confidentiality, nondisclosure, and privacy of sensitive law enforcement data.

TIMELINE

The annual reporting requirement was shifted from the Office of Emergency Services submitting a consolidated report starting January 1, 2027, to each individual fusion center in California submitting its own report starting January 1, 2028 - a one-year delay and a change in who bears the reporting obligation.

FISCAL

The state mandate reimbursement provision was changed from a blanket 'no reimbursement required' statement (based on the act creating a new crime) to a standard provision that if the Commission on State Mandates finds costs are mandated, reimbursement shall be made. This opens the door for local agencies to seek reimbursement.

REQUIREMENT

A new reporting item was added requiring fusion centers to include 'detailed procedures for requesting and conducting site visits requested by elected officials and their staff' in their annual reports to the Department of Justice.

SCOPE

Several report items were narrowed from plural 'fusion centers' to singular 'the fusion center,' consistent with the shift to individual-center reporting. The source of information requests was also broadened from 'governmental entity or data broker' to 'law enforcement agency, data broker, or other entity.'

03/25/26 - Amended Senate → 04/23/26 - Amended Senate · 10 edits · Apr 23, 2026

MAJOR

The April 23 amendment to SB 1095 makes three major changes: it removes the unrelated general plans/land use provision, adds a comprehensive new requirement that law enforcement agencies must enter into a written MOU with fusion centers before participating (with specific privacy and civil rights protections), and shifts inspection access from no-notice entry to requiring 24 hours prior notice. The bill now creates a state-mandated local program with fiscal committee approval, reflecting the new obligations imposed on local agencies.

Scope change

The bill's scope narrowed by removing the unrelated general plans/land use amendment, but its practical impact on local agencies expanded significantly due to the new MOU requirements, public posting obligations, and state-mandated local program designation. The fusion center definition was also broadened to cover centers operated by executive boards with local, state, and federal members.

SCOPE

The entire amendment to Section 65302 of the Government Code (updating general plan references from Office of Planning and Research to Office of Land Use and Climate Innovation) was removed. The bill now focuses solely on fusion center regulation under new Section 8586.6.

REQUIREMENT

A new requirement mandates that law enforcement agencies must enter into a written MOU with a fusion center before participating. The MOU must be adopted by the agency's elected governing body in open session and must include specific protections: no compelled disclosure of information the agency cannot legally share, prohibition on reporting First Amendment activities as suspicious, affirmation that state and local laws apply (including CPRA and California Values Act), prohibition on sharing information with federal immigration enforcement except pursuant to judicial warrant, unique access credentials for all individuals, and a provision that violation results in termination and withdrawal until the Attorney General confirms remediation at the next audit.

Inspection access for elected officials changed from entry without prior notice or authorization to requiring 24 hours prior notice, with the condition that inspectors agree to adhere to fusion center regulations regarding confidentiality, nondisclosure, and privacy of sensitive law enforcement data and personal information.

The annual reporting obligation shifted from the Office of Emergency Services submitting a report on behalf of fusion centers to every fusion center in California being directly responsible for submitting its own report to the Department of Justice. The start date changed from January 1, 2027 to January 1, 2028.

A new reporting item requires a breakdown of the categories of state and federal criminal offenses that served as the basis for information shared between local, state, and federal law enforcement agencies.

A new reporting item requires detailed procedures for requesting and conducting site visits by elected officials and their staff.

TIMELINE

Law enforcement agencies already participating in fusion centers must enter into an MOU by January 1, 2028. MOUs are valid for four years and renewable upon readoption by the governing body.

ENFORCEMENT

Starting January 1, 2029, and every four years thereafter, the Department of Justice must conduct a performance and compliance audit of a representative sample of law enforcement agencies and fusion centers, including any agency whose MOU was terminated. The audit must assess compliance with MOU terms and with applicable state and federal law.

DEFINITION

The definition of 'fusion center' was expanded to include centers 'operated by an executive board consisting of local, state, and federal members, that gathers, analyses, and shares information,' broadening the scope beyond only state-owned centers operated by OES.

FISCAL

A new provision requires reimbursement to local agencies if the Commission on State Mandates determines the act contains state-mandated costs. The fiscal committee designation changed from 'no' to 'yes' and state-mandated local program changed from 'no' to 'yes,' reflecting the new obligations imposed on local governments.

02/13/26 - Introduced → 03/25/26 - Amended Senate · 11 edits · Mar 25, 2026

MAJOR

SB 1095 was dramatically expanded from a simple bill updating office name references in general plan law to a comprehensive fusion center regulation and oversight bill. The amended version adds an entirely new Section 8586.6 to the Government Code that prohibits California fusion centers from assisting immigration enforcement, bans racial profiling activities, grants elected officials inspection access without notice, requires annual detailed reporting to the Department of Justice starting in 2027, mandates DOJ audits submitted to the Legislature, and makes most fusion center records public under the California Public Records Act.

SCOPE

The bill now adds Section 8586.6 to the Government Code, creating an entirely new regulatory framework for state fusion centers operated by the Office of Emergency Services. The original bill only made nonsubstantive name updates to existing general plan law.

All records related to fusion centers are designated as public records under the California Public Records Act, with a narrow exception prohibiting disclosure of names, addresses, social security numbers, or other unique personal identifying information of individuals stopped, searched, or subjected to property seizure.

The bill's title and digest were expanded to reflect the new fusion center provisions alongside the original general plan name-update provisions. The fiscal committee determination changed from 'no' to 'yes' and state-mandated local program changed from 'no' to 'yes' due to the perjury certification requirement.

REQUIREMENT

Fusion centers are prohibited from participating in, cooperating with, or sharing information with any governmental entity (or its contractor) when doing so assists or furthers immigration enforcement, unless pursuant to a judicial warrant or court order.

Fusion centers are prohibited from investigating, interrogating, detaining, identifying, surveilling, detecting, or arresting people in violation of the prohibition against racial or identity profiling under Penal Code Section 13519.4.

Fusion centers may not allow any governmental entity, contractor, or private entity to work inside the center if the Office of Emergency Services knows or has reason to know the entity is engaged in unlawful intelligence-gathering that violates the constitutional or civil rights of California residents.

Fusion centers are prohibited from providing office space for agencies engaged in immigration enforcement, or their personnel, agents, or subcontractors.

ENFORCEMENT

State and local elected officials and their staff may enter any fusion center for inspections without prior notice or authorization.

The Department of Justice must conduct an annual audit based on the OES report and submit that audit to the Legislature pursuant to Section 9795.

TIMELINE

Starting January 1, 2027, and annually thereafter, the Office of Emergency Services must submit a detailed report to the Department of Justice including: lists of all participating entities and data brokers, number of information requests received, types of information shared with federal agencies, reasons for requests, processing methods, whether reasonable suspicion standards were met, data retention policies, catalogs of information provided, validation processes, staffing details, violations found, and a certification under penalty of perjury that the fusion center has not attempted to influence DOJ decisions.

DEFINITION

New definitions added for 'data broker,' 'fusion center' (specifically naming six centers including the State Threat Assessment Center and five regional centers), 'governmental entity' (including federal government, other states, and their contractors/agents), 'immigration enforcement' (covering both civil and criminal immigration law enforcement), 'law enforcement agency,' 'personal information,' and 'record.'

Floor votes

How they voted

No floor votes recorded yet.

Full legislative history

Actions timeline

Total actions

Key actions

Committee

Amendments

May 14, 2026

Upper · Passed

May 14 hearing: Held in committee and under submission.

upper

Apr 23, 2026

Upper · Passed

Read second time and amended. Re-referred to Com. on APPR.

upper

Apr 22, 2026

Upper · Passed

From committee: Do pass as amended and re-refer to Com. on APPR. (Ayes 5. Noes 1. Page 3983.) (April 21).

upper

Apr 14, 2026

Upper · Passed

From committee: Do pass and re-refer to Com. on PUB. S. (Ayes 7. Noes 1. Page 3843.) (April 13). Re-referred to Com. on PUB. S.

upper

Apr 8, 2026

Committee

Re-referred to Coms. on P., D.T., & C.P. and PUB. S.

upper

Mar 26, 2026

Committee

Re-referred to Com. on RLS.

upper

Mar 25, 2026

Upper · Passed

From committee with author's amendments. Read second time and amended. Re-referred to Com. on L. GOV.

upper

Feb 26, 2026

Committee

Referred to Com. on L. GOV.

upper

Feb 13, 2026

Introduced

Introduced. Read first time. To Com. on RLS. for assignment. To print.

upper

1 primary · 0 co-sponsors