Status of Current Legislation

AB 15

Assembly Member Gipson

State government: immigration enforcement

The California Values Act prohibits a California law enforcement agency, defined as including both state and local agencies but excluding the Department of Corrections and Rehabilitation, from providing a person’s release date or responding to a request for notification of a release date, unless that information is available to the public. The bill would prohibit the Department of Corrections and Rehabilitation from detaining on the basis of a hold request, providing an immigration authority with release date information, or responding to a notification request, transferring to an immigration authority, or facilitating or assisting with a transfer request any individual who is eligible for release pursuant to specified provisions, including, among others, youth offender, elderly, and medical parole releases.

AB 18

Assembly Member DeMaio

California Secure Borders Act of 2025

Current law generally prohibits law enforcement from providing information regarding the release date of an individual from custody or from transferring an individual to immigration authorities without a warrant or judicial probable cause determination. This bill, the California Secure Borders Act of 2025, would state the intent of the Legislature to combat illegal immigration and secure the border by repealing those provisions, prohibiting the use of state funds for various welfare, health, housing, and other services for undocumented immigrants, requiring public disclosure of information on the impact of illegal immigration on crime rates and state and local services, providing cross-deputization training for local law enforcement to support federal border security actions, and providing standards for deployment of the State Guard to the border.

AB 31

Assembly Member Ramos

Peace officers: tribal police pilot project

Current law defines those persons who are peace officers in the state, grants certain authority to those individuals and their employing entities, and places certain requirements on those individuals and their employing entities. Current law also grants specified limited arrest authority to certain other persons, including federal criminal investigators and park rangers and peace officers from adjoining jurisdictions. Current federal law authorizes tribal governments to employ tribal police for the enforcement of tribal law on tribal lands. Current federal law requires the State of California to exercise criminal jurisdiction on Indian lands. Current state law deems a tribal police officer who has been deputized or appointed by a county sheriff as a reserve or auxiliary deputy to be a peace officer in the State of California. This bill would, from July 1, 2026, until July 1, 2029, establish a pilot program under the Department of Justice and the Commission on Peace Officer Standards and Training granting peace officer authority to certain tribal police officers on Indian lands and elsewhere in the state under specified circumstances. The bill would authorize the department to select 3 tribal entities to participate, would set certain minimum qualifications and certification and training requirements for a tribal officer to act pursuant to this authority, and would place certain requirements on the employing tribe, including a limited waiver of sovereign immunity, and the adoption of a tribal law or resolution authorizing that exercise of authority and providing for public access to certain records.

AB 68

Assembly Member Essayli

School safety: armed school resource officers

Would require a school district or charter school to hire or contract with at least one armed school resource officer, as defined, authorized to carry a loaded firearm to be present at each school of the school district or charter school during regular school hours and any other time when pupils are present on campus, phased in by certain grade spans, as provided. By imposing an additional requirement on school districts and charter schools, the bill would impose a state-mandated local program.

AB 85

Assembly Member Essayli

Law enforcement: cooperation with immigration authorities

 Under current law, a law enforcement official has limited discretion to cooperate with immigration authorities, and may only provide information regarding a person’s release date or transfer an individual to immigration authorities without a judicial warrant or probable cause determination if the individual has been convicted of specified crimes, including, but not limited to, serious and violent felonies, as specified, and only if doing so would not violate any federal, state, or local law, or local policy. Notwithstanding those provisions, this bill would instead require law enforcement officials to cooperate with immigration authorities by detaining and transferring an individual and providing release information if a person has been convicted of a felony.

AB 354

Assembly Member Rodriguez

Crimes: looting

Current law establishes the crime of burglary, which consists of entering specified buildings, places, or vehicles with the intent to commit grand or petit larceny or a felony. Under existing law, a person who commits second-degree burglary, as defined, during and within an affected county in a state of emergency, a local emergency, or under an evacuation order resulting from a natural or manmade disaster is guilty of the crime of looting. This bill would make a technical, nonsubstantive change to these provisions.

AB 358

Assembly Member Alvarez

Criminal procedure: privacy

The Electronic Communications Privacy Act prohibits a government entity from compelling the production of, or access to, electronic communication information or electronic device information, as defined, without a search warrant, wiretap order, order for electronic reader records, or subpoena issued pursuant to specified conditions. Current law authorizes a government entity to access electronic device information by means of physical interaction or electronic communication with the device in certain circumstances, including, pursuant to the specific consent of the authorized possessor of the device or if the government entity, in good faith, believes that an emergency involving danger of death or serious physical injury to a person requires access to the information. This bill would additionally authorize a government entity to access electronic device information if the government entity locates the device with a deceased body, and the entity in good faith believes that the device belongs to the decedent, as specified, or with the specific consent of an individual who locates the device and the device is reasonably believed to have been used to track or record the individual without their permission.

AB 400

Assembly Member Pacheco

Law enforcement: police canines

Would require, on or before January 1, 2027, every law enforcement agency, as defined, with a canine unit to maintain a policy for the use of canines by the agency that, at a minimum, complies with the most recent standards established by the Commission on Peace Officer Standards and Training (POST). Because the bill would impose additional duties on local law enforcement agencies, the bill would impose a state-mandated local program.

AB 421

Assembly Member Solache

Immigration enforcement: prohibitions on access, sharing information, and law enforcement collaboration

The California Values Act generally prohibits California law enforcement agencies from investigating, interrogating, detaining, detecting, or arresting persons for immigration enforcement purposes. Current law provides certain limited exceptions to this prohibition. This bill would prohibit California law enforcement agencies from collaborating with, or providing any information in writing, verbally, on in any other manner to, immigration authorities regarding proposed or currently underway immigration enforcement actions when the actions could be or are taking place within a radius of one mile of any childcare or daycare facility, religious institution, place of worship, hospital, or medical office. To the extent this bill would impose additional duties on local law enforcement agencies or officials, the bill would impose a state-mandated local program.

AB 451

Assembly Member Petrie-Norris

Law enforcement policies: restraining orders

Current law requires law enforcement agencies to maintain policies on specified subjects, including, among others, the use of force, gun violence restraining orders, and responding to domestic violence calls. This bill would require each municipal police department and county sheriff’s department, the Department of the California Highway Patrol, and the University of California and California State University Police Departments to, on or before January 1, 2027, develop, adopt, and implement written policies and standards to promote safe, consistent, and effective service, implementation, and enforcement of court protection and restraining orders that include firearm access restrictions. The bill would require these policies and standards to include specified elements, including, among others, ensuring compliance with specified laws and instructing officers about the array of civil and criminal protection restraining order options available under California law to law enforcement officers, to victim-survivors, and other petitioners.

AB 572

Assembly Member Kalra

Criminal procedure: interrogations

Would require a peace officer, as defined, a prosecuting attorney, or an investigator for the prosecution, prior to interviewing an immediate family member of a person who has been killed or seriously injured by a peace officer, to clearly identify themself and if the interview takes place in person, to show identification, and to inform the person of specified information, including the status of their family member, that the person can consult with an attorney or trusted support person, and that the investigation that the officer, attorney, or investigator is conducting may involve the culpability of the family member who was killed or injured. By increasing duties on local law enforcement, this bill would impose a state-mandated local program.

AB 653

Assembly Member Lackey

 Crimes: trespassing in area closed by law enforcement

Current law authorizes specified law enforcement and public safety officers and professionals to close an area where a menace to the public health or safety is created by a calamity, including a flood, storm, fire, earthquake, explosion, accident, or other disaster, and makes it a misdemeanor for a person to enter an area closed by law enforcement for this purpose. This bill would make a technical, nonsubstantive change to those provisions.

AB 820

Assembly Member Pellerin

Homelessness: transport

Current law establishes various programs to assist homeless individuals, including the Homeless Emergency Aid Program, the Homeless Housing, Assistance, and Prevention Program, and the Regionally Coordinated Homelessness Housing, Assistance, and Prevention Program. This bill would prohibit an employee of a local government or law enforcement agency, when acting in their official capacity, from transporting and dropping off, or arranging for or funding the transport and drop off, of a homeless individual within a jurisdiction unless the employee first coordinates shelter or long-term housing for the homeless individual, as defined and specified. This bill would make a local government or law enforcement agency liable for a civil penalty of $10,000 for each violation of these provisions.

SB 274

Senator Cervantes

Automated license plate recognition systems

Current law prohibits the state, a city, a county, a city and county, or any agency or political subdivision of the state, a city, a county, or a city and county, including, but not limited to, a law enforcement agency, from selling, sharing, or transferring automated license plate recognition (ALPR) information, except to another public agency, and only as otherwise permitted by law. This bill would state the intent of the Legislature to enact legislation that, among other things, imposes privacy protection requirements on cities, counties, and entities that use ALPR data.

SB 277

Senator Weber

Criminal procedure: search of persons

Current provisions of the United States and California Constitutions ensure the right of the people to be secure in their persons, houses, papers, and effects against warrantless seizures and searches. Case law establishes exceptions to this right, including allowing a peace officer to conduct a limited search of a person for firearms or weapons if the peace officer reasonably concludes that the person detained may be armed and presently dangerous to the peace officer or others. This bill would, consistent with existing case law, codify the authority of a peace officer to search an individual incident to a lawful stop under specified circumstances, including that the officer has a warrant to search the individual or has probable cause to believe that the individual is about to commit a crime, is committing a crime, or has committed a crime immediately preceding the search. The bill would require an officer to ask for and obtain consent to search the individual in all other circumstances, and would specify that an officer could request consent to search only if the officer is investigating a crime and has reasonable suspicion that the individual to be searched has an item in their possession that is evidence of criminal activity. The bill would require the officer to follow a specified procedure in a specified order, including advising the individual that their consent is voluntary, explaining to the individual the scope of the search, and recording the individual’s consent. The bill would prohibit an officer from exceeding the scope of the search explained to the individual and would require the officer to discontinue the search if the individual withdraws their consent.

SB 385

Senator Seyarto

Peace Officers

Current law requires the Commission on Peace Officer Standards and Training to establish, among others, basic certificates for the purpose of fostering the education and experience necessary to perform general police service duties. Current law requires certificates to be awarded on the basis of a combination of training, education, experience, and other prerequisites, as determined by the commission. Current law requires the Chancellor of the California Community Colleges, in consultation with specified entities, to develop a modern policing degree program and to prepare and submit a report to the Legislature by no later than June 1, 2023, outlining a plan to implement the program. Current law requires peace officers in this state to meet specified minimum standards, including age and education requirements. This bill would require a peace officer who is hired on or after January 1, 2029, to attain a modern policing degree, as specified, or a bachelor’s or other advanced degree from an accredited college or university within 36 months of commencing their employment as a peace officer.