Cal. PEN § 13778.1 — California Code / Code pen / Part 4 / Title 5.7 / Section 13778.1
Section 13778.1
Status: in_force

Every law enforcement agency in this state shall develop, adopt, and implement written policies and standards for officers’ responses to anti-reproductive-rights calls by January 1, 2023.
Cal. PEN § 13776 — California Code / Code pen / Part 4 / Title 5.7 / Section 13776
Section 13776
Status: in_force

The following definitions apply for the purposes of this title:

(a) “Anti-reproductive-rights crime” means a crime committed partly or wholly because the victim is a reproductive health services patient, provider, or assistant, or a crime that is partly or wholly intended to intimidate the victim, any other person or entity, or a class of persons or entities from becoming or remaining a reproductive health services patient, provider, or assistant. “Anti-reproductive-rights crime” includes, but is not limited to, a violation of subdivision (a), (c), (g), or (h) of Section 423.2.

(b) “Subject matter experts” includes, but is not limited to, the Commission on the Status of Women and Girls, law enforcement agencies experienced with anti-reproductive-rights crimes, including the Attorney General and the Department of Justice, and organizations such as the American Civil Liberties Union, the American College of Obstetricians and Gynecologists, the American Academy of Family Physicians, the California Council of Churches, the California Medical Association, the Feminist Majority Foundation, NARAL Pro-Choice California, the National Abortion Federation, the California National Organization for Women, the Planned Parenthood Federation of America, Planned Parenthood Affiliates of California, and the Women’s Health Specialists clinic that represent reproductive health services clients, providers, and assistants.

(c) “Crime of violence,” “nonviolent,” “reproductive health services,” “reproductive health services patient, provider, or assistant,” and “reproductive health services facility” each has the same meaning as set forth in Section 423.1.
Cal. PEN § 13775 — California Code / Code pen / Part 4 / Title 5.7 / Section 13775
Section 13775
Status: in_force

This title shall be known and may be cited as the Reproductive Rights Law Enforcement Act.
Cal. PEN § 13778.2 — California Code / Code pen / Part 4 / Title 5.7 / Section 13778.2
Section 13778.2
Status: in_force

(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, in this state, or obtaining a legally protected health care activity, as defined in Section 1549.15, in this state, 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 and that is performed in this state.

(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, in this state, or an individual obtaining a legally protected health care activity, as defined in Section 1549.15, in this state, 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, in this state, or an individual obtaining a legally protected health care activity, as defined in Section 1549.15, in this state, 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.
Cal. PEN § 13777.2 — California Code / Code pen / Part 4 / Title 5.7 / Section 13777.2
Section 13777.2
Status: in_force

(a) The Commission on the Status of Women and Girls shall convene an advisory committee consisting of one person appointed by the Attorney General and one person appointed by each of the organizations named in subdivision (b) of Section 13776 that chooses to appoint a member, and any other subject matter experts the commission appoints. The advisory committee shall elect its chair and any other officers of its choice.

(b) The advisory committee shall make two reports, the first by December 31, 2025, and the second by December 31, 2029, to the Committees on Health, Judiciary, and Public Safety of the Senate and Assembly, to the Attorney General, the Commission on Peace Officer Standards and Training, and the Commission on the Status of Women and Girls. The reports shall evaluate the implementation of Chapter 899 of the Statutes of 2001 and any subsequent amendments made to this title and the effectiveness of the plan developed by the Attorney General pursuant to paragraph (4) of subdivision (a) of Section 13777. The reports shall also include recommendations regarding any other legislation, and recommendations for any other actions by the Attorney General, Commission on Peace Officer Standards and Training, or the Commission on the Status of Women and Girls.

(c) The Commission on the Status of Women and Girls shall transmit the reports of the advisory committee to the appropriate committees of the Legislature, including, but not limited to, the Committees on Health, Judiciary, and Public Safety in the Senate and Assembly, and make the reports available to the public, including by posting them on the Commission on the Status of Women and Girls’ internet website. To avoid production and distribution costs, the Commission on the Status of Women and Girls may submit the reports electronically or as part of any other report that the Commission on the Status of Women and Girls submits to the Legislature.

(d) The Commission on Peace Officer Standards and Training shall make the most updated version of the telecourse that it produced in 2002 pursuant to subdivision (a) of Section 13778 available to the advisory committee. However, before providing the updated telecourse to the advisory committee or otherwise making it public, the commission shall remove the name and face of any person who appears in the telecourse as originally produced who informs the commission in writing that the person has a reasonable apprehension that making the telecourse public without the removal will endanger the person’s life or physical safety.

(e) This section does not require a state agency to pay for compensation, travel, or other expenses of any advisory committee member.
Cal. PEN § 13778 — California Code / Code pen / Part 4 / Title 5.7 / Section 13778
Section 13778
Status: in_force

(a) The Commission on Peace Officer Standards and Training, utilizing available resources, shall develop and, subject to an appropriation of funds for this purpose in the annual Budget Act or other statute, update every seven years, or on a more frequent basis if deemed necessary by either the Commission on the Status of Women and Girls or the Attorney General, an interactive training course on anti-reproductive-rights crimes and make the telecourse available to all California law enforcement agencies through an online portal or platform.

(b) Persons and organizations, including, but not limited to, subject-matter experts, may make application to the commission, as outlined in Article 3 (commencing with Section 1051) of Division 2 of Title 11 of the California Code of Regulations, for certification of a course designed to train law enforcement officers to carry out the legislative intent expressed in paragraph (1) of subdivision (d) of Section 1 of the act that enacts this title in the 2001–02 Regular Session.

(c) In developing the telecourse required by subdivision (a), and in considering any applications pursuant to subdivision (b), the commission, utilizing available resources, shall consult the Attorney General and other subject matter experts, except where a subject matter expert has submitted, or has an interest in, an application pursuant to subdivision (b).

(d) In addition to producing and making available the telecourse described in subdivision (a), the commission shall distribute, as necessary, training bulletins, via the internet, to law enforcement agencies participating in training offered pursuant to this section.
Cal. PEN § 13777 — California Code / Code pen / Part 4 / Title 5.7 / Section 13777
Section 13777
Status: in_force

(a) The Attorney General shall do each of the following:

(1) Collect information relating to anti-reproductive-rights crimes, including, but not limited to, the threatened commission of these crimes and persons suspected of committing these crimes or making these threats.

(2) Direct local law enforcement agencies, district attorneys, and elected city attorneys to provide to the Department of Justice, in a manner that the Attorney General prescribes, all of the following on a monthly basis:

(A) The total number of anti-reproductive-rights crime-related calls for assistance made to the department:

(B) The total number of arrests for anti-reproductive-rights crimes, reported by which subdivision of Section 423.2 is the basis for the arrest. The report of each crime that violates any other law shall note the code, section, and subdivision that prohibits the crime. The report of any crime that violates both Section 423.2 and any other law shall note both the subdivision of Section 423.2 and the other code, section, and subdivision that prohibits the crime.

(C) The total number of cases in which the district attorney charged an individual with a crime that violates Section 423.2, including the subdivision that prohibits the crime.

(3) Beginning July 1, 2025, report to the Legislature on an annual basis the information collected pursuant to paragraph (2). To avoid production and distribution costs, the Attorney General may submit the reports electronically or as part of any other report that the Attorney General submits.

(4) Develop a plan to prevent, apprehend, prosecute, and report anti-reproductive-rights crimes, and to carry out the legislative intent expressed in subdivisions (c), (d), (e), and (f) of Section 1 of the act that enacts this title in the 2001–02 Regular Session of the Legislature.

(b) In carrying out their responsibilities under this section, the Attorney General shall consult the Governor, the Commission on Peace Officer Standards and Training, and other subject matter experts.
Cal. PEN § 13778.3 — California Code / Code pen / Part 4 / Title 5.7 / Section 13778.3
Section 13778.3
Status: in_force

(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.

(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 an out-of-state proceeding relating to any legally protected health care activity unless 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 defined in subdivision (d).

(f) A California corporation that provides electronic communication services or remote computing 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 defined 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.