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<ns0:Description>
<ns0:Id>20250SB__109598AMD</ns0:Id>
<ns0:VersionNum>98</ns0:VersionNum>
<ns0:History>
<ns0:Action>
<ns0:ActionText>INTRODUCED</ns0:ActionText>
<ns0:ActionDate>2026-02-13</ns0:ActionDate>
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<ns0:Action>
<ns0:ActionText>AMENDED_SENATE</ns0:ActionText>
<ns0:ActionDate>2026-03-25</ns0:ActionDate>
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<ns0:LegislativeInfo>
<ns0:SessionYear>2025</ns0:SessionYear>
<ns0:SessionNum>0</ns0:SessionNum>
<ns0:MeasureType>SB</ns0:MeasureType>
<ns0:MeasureNum>1095</ns0:MeasureNum>
<ns0:MeasureState>AMD</ns0:MeasureState>
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<ns0:AuthorText authorType="LEAD_AUTHOR">Introduced by Senator Pérez</ns0:AuthorText>
<ns0:Authors>
<ns0:Legislator>
<ns0:Contribution>LEAD_AUTHOR</ns0:Contribution>
<ns0:House>SENATE</ns0:House>
<ns0:Name>Pérez</ns0:Name>
</ns0:Legislator>
</ns0:Authors>
<ns0:Title>An act to add Section 8586.6 to the Government Code, relating to information sharing.</ns0:Title>
<ns0:RelatingClause>information sharing</ns0:RelatingClause>
<ns0:GeneralSubject>
<ns0:Subject>Fusion centers.</ns0:Subject>
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<ns0:DigestText>
<html:p>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.</html:p>
<html:p>This bill would prohibit a fusion center from engaging in specified acts, including, among other things, participating in activity, cooperating, or disclosing or sharing information with any governmental entity, or a contractor for any governmental entity, that
assists or furthers immigration enforcement unless pursuant to judicial warrant or court order, and providing office space for agencies engaged in immigration enforcement, as provided. The bill would define “fusion center” to mean a state-owned center operated by the Office of Emergency Services and involving a law enforcement agency and a governmental entity that gather, analyze and share information, as provided.</html:p>
<html:p>This bill would authorize state and local elected officials and their staff to enter any fusion center for inspections, without prior notice or authorization.</html:p>
<html:p>This bill would, starting on January 1, 2027, and each year thereafter, require the Office of Emergency Services to submit a report to the Department of Justice that includes specified information collected from fusion centers, including, among other things, any policies and standards for the use and retention of data gathered, processed, or analyzed by
fusion centers and a certification, under penalty of perjury, that the fusion center has not engaged in any acts intended to influence the decisions or assessments of the Department of Justice. By expanding the crime of perjury, this bill would create a state-mandated local program. The bill would require the Department of Justice to conduct an annual audit based on the report submitted by the Office of Emergency Services, and to submit that audit to the Legislature, as provided.</html:p>
<html:p>Existing law, the California Public Records Act, requires each state and local agency, as defined, to make its records open to public inspection at all times during office hours, except as specifically exempted from disclosure by law.</html:p>
<html:p>This bill would provide that all records related to fusion centers are public records for purposes of the California Public Records Act, except for specified records which are prohibited from disclosure.</html:p>
<html:p>The California Constitution requires local agencies, for the purpose of ensuring public access to the meetings of public bodies and the writings of public officials and agencies, to comply with a statutory enactment that amends or enacts laws relating to public records or open meetings and contains findings demonstrating that the enactment furthers the constitutional requirements relating to this purpose.</html:p>
<html:p>This bill would make legislative findings to that effect.</html:p>
<html:p>Existing constitutional provisions require that a statute that limits the right of access to the meetings of public bodies or the writings of public officials and agencies be adopted with findings demonstrating the interest protected by the limitation and the need for protecting that interest.</html:p>
<html:p>This bill would make legislative findings to
that effect.</html:p>
<html:p>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.</html:p>
<html:p>This bill would provide that no reimbursement is required by this act for a specified reason.</html:p>
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<ns0:DigestKey>
<ns0:VoteRequired>MAJORITY</ns0:VoteRequired>
<ns0:Appropriation>NO</ns0:Appropriation>
<ns0:FiscalCommittee>YES</ns0:FiscalCommittee>
<ns0:LocalProgram>YES</ns0:LocalProgram>
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<ns0:MeasureIndicators>
<ns0:ImmediateEffect>NO</ns0:ImmediateEffect>
<ns0:ImmediateEffectFlags>
<ns0:Urgency>NO</ns0:Urgency>
<ns0:TaxLevy>NO</ns0:TaxLevy>
<ns0:Election>NO</ns0:Election>
<ns0:UsualCurrentExpenses>NO</ns0:UsualCurrentExpenses>
<ns0:BudgetBill>NO</ns0:BudgetBill>
<ns0:Prop25TrailerBill>NO</ns0:Prop25TrailerBill>
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<ns0:Bill id="bill">
<ns0:Preamble>The people of the State of California do enact as follows:</ns0:Preamble>
<ns0:BillSection id="id_CC75A170-4AE4-492E-8D98-DE2F4C26BB7C">
<ns0:Num>SECTION 1.</ns0:Num>
<ns0:Content>
<html:p>The Legislature finds and declares all of the following:</html:p>
<html:p>
(a)
<html:span class="EnSpace"/>
The California Constitution guarantees an inalienable right to privacy in Section 1 of Article I.
</html:p>
<html:p>
(b)
<html:span class="EnSpace"/>
California law protects the right of people to seek reproductive care in the state and makes the state a refuge for transgender people and their families, however, these communities remain at risk as long as information collected in California is shared out of state.
</html:p>
<html:p>
(c)
<html:span class="EnSpace"/>
California law recognizes that immigrants are a valuable and essential part of our state and that California must avoid entangling state and local resources with federal immigration enforcement, which wastes taxpayer resources and undermines public safety. However, as long as California continues to share information with out-of-state and federal agencies and entities, immigrants and their families in California remain at risk.
</html:p>
<html:p>
(d)
<html:span class="EnSpace"/>
Fusion centers expose our lives and families to harm by giving federal and out-of-state agencies our personal information, including our location, identity, biometrics, and social media activity, without our consent and without regard to local and state laws.
</html:p>
<html:p>
(e)
<html:span class="EnSpace"/>
Fusion centers are a collaboration between state and local law enforcement and federal agencies. According to a report of the United States Senate, fusion centers are state and
local entities which are subject to, and governed by, the laws and regulations of their home states, and “the exact missions of individual fusion centers are largely beyond the authority of the federal government to determine.”
</html:p>
<html:p>
(f)
<html:span class="EnSpace"/>
California currently operates at least six fusion centers spread across the state that were established by the Office of Emergency Services, formerly the Governor’s Office of Homeland Security. These include the State Threat Assessment Center, the Central California Intelligence Center, the Los Angeles Joint Regional Intelligence Center, the Northern California Regional Intelligence Center, the Orange County Intelligence Assessment Center, and the San Diego Law Enforcement Coordination Center.
</html:p>
<html:p>
(g)
<html:span class="EnSpace"/>
While the stated priority of fusion centers was originally to prevent terrorism, there is little evidence that fusion centers have meaningfully contributed to
this goal. Indeed, a report of the United States Senate could not find evidence of a fusion center uncovering an attack or contributing to disrupt an active plot.
</html:p>
<html:p>
(h)
<html:span class="EnSpace"/>
Fusion centers have a track record of being used to target and surveil Muslim and Black, Indigenous, and people of color communities and activists, including tracking protest movements, disseminating conspiracy theories, creating intelligence reports about meditation circles and Juneteenth celebrations, and improperly flagging supporters of abortion rights and climate advocacy groups as suspicious.
</html:p>
<html:p>
(i)
<html:span class="EnSpace"/>
By making information about people in California available to out-of-state and federal entities or agencies, fusion centers operating in California grant other governmental entities additional surveillance powers and pose an active threat to the safety and rights of Californians.
</html:p>
<html:p>
(j)
<html:span class="EnSpace"/>
The Legislature must protect the rights and safety of people in California and update the law to prevent the exploitation and weaponization of information collected in California.
</html:p>
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<ns0:BillSection id="id_FBF071C5-1189-4955-9098-087EB88C7B06">
<ns0:Num>SEC. 2.</ns0:Num>
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Section 8586.6 is added to the
<ns0:DocName>Government Code</ns0:DocName>
, to read:
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<ns0:Num>8586.6.</ns0:Num>
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<ns0:Content>
<html:p>
(a)
<html:span class="EnSpace"/>
For purposes of this section, the following definitions apply:
</html:p>
<html:p>
(1)
<html:span class="EnSpace"/>
“Data broker” means a business that knowingly collects and sells to third parties the personal information of a consumer with whom the business does not have a direct relationship.
</html:p>
<html:p>
(2)
<html:span class="EnSpace"/>
“Fusion center” means a state-owned center operated by the Office of Emergency Services and involving a law enforcement agency and a governmental entity that gather, analyze, and share information, including, but not limited to, the State Threat Assessment Center, the Central California Intelligence Center, the Los Angeles Joint Regional Intelligence Center, the Northern California Regional Intelligence Center, the Orange County
Intelligence Assessment Center, and the San Diego Law Enforcement Coordination Center.
</html:p>
<html:p>
(3)
<html:span class="EnSpace"/>
“Governmental entity” means the federal government, any state government other than California, any local government outside of California, and any agency, subdivision, contractor, or representative thereof, or any agreed upon or functional agent thereof.
</html:p>
<html:p>
(4)
<html:span class="EnSpace"/>
“Immigration enforcement” includes any and all efforts to investigate, enforce, or assist in the investigation or enforcement of any federal civil immigration law, and also includes any and all efforts to investigate, enforce, or assist in the investigation or enforcement of any federal criminal immigration law that penalizes a person’s presence in, entry, or reentry to, or employment in, the United States.
</html:p>
<html:p>
(5)
<html:span class="EnSpace"/>
“Law enforcement agency” means a state or local law
enforcement agency, including, but not limited to, any of the following:
</html:p>
<html:p>
(A)
<html:span class="EnSpace"/>
A police department, including the police department of a transit agency, or any campus of the University of California, the California State University, or California Community Colleges.
</html:p>
<html:p>
(B)
<html:span class="EnSpace"/>
A sheriff’s department.
</html:p>
<html:p>
(C)
<html:span class="EnSpace"/>
A district attorney’s office.
</html:p>
<html:p>
(D)
<html:span class="EnSpace"/>
A county probation department.
</html:p>
<html:p>
(E)
<html:span class="EnSpace"/>
The Department of the California Highway Patrol.
</html:p>
<html:p>
(F)
<html:span class="EnSpace"/>
The Office of Emergency Services.
</html:p>
<html:p>
(G)
<html:span class="EnSpace"/>
The Department of Justice.
</html:p>
<html:p>
(6)
<html:span class="EnSpace"/>
“Personal
information” means any information that is maintained by an agency that relates to, describes, or is reasonably capable of identifying or describing, an individual, including, but not limited to, the individual’s name, social security number, physical description, home address, biometric information, geolocation data, home telephone number, education, financial matters, and medical or employment history. It includes statements made by, or attributed to, the individual and constitutionally protected activities or involvement engaged in by the individual.
</html:p>
<html:p>
(7)
<html:span class="EnSpace"/>
“Record” means any file or grouping of personal information about an individual that is maintained by an agency.
</html:p>
<html:p>
(b)
<html:span class="EnSpace"/>
A fusion center operating in the State of California shall not participate in activity, cooperate, or disclose or share information with any governmental entity, or a contractor for any governmental entity, when
participation, cooperation, or disclosure involves either of the following:
</html:p>
<html:p>
(1)
<html:span class="EnSpace"/>
Assisting or furthering immigration enforcement, unless pursuant to judicial warrant or court order.
</html:p>
<html:p>
(2)
<html:span class="EnSpace"/>
Investigating, interrogating, detaining, identifying, surveilling, detecting, or arresting people in violation of the prohibition against racial or identity profiling as provided in Section 13519 .4 of the Penal Code.
</html:p>
<html:p>
(c)
<html:span class="EnSpace"/>
A fusion center shall not allow a governmental entity, contractor for a governmental entity, or private entity to work inside the fusion center when the Office of Emergency Services knows or has reason to know that the entity or contractor is presently engaged in or intends to engage in unlawful intelligence-gathering activity resulting in the violation of the constitutional or civil rights of a resident of
California.
</html:p>
<html:p>
(d)
<html:span class="EnSpace"/>
Fusion centers shall not provide office space for agencies engaged in immigration enforcement, or personnel, agents or subcontractors acting on their behalf, for use within the fusion centers.
</html:p>
<html:p>
(e)
<html:span class="EnSpace"/>
State elected officials, local elected officials, and their staff may enter any fusion center for inspections, without prior notice or authorization.
</html:p>
<html:p>
(f)
<html:span class="EnSpace"/>
(1)
<html:span class="EnSpace"/>
Starting on January 1, 2027, and each year thereafter, the Office of Emergency Services shall submit a report to the Department of Justice that includes all of the following information collected from fusion centers:
</html:p>
<html:p>
(A)
<html:span class="EnSpace"/>
A list of all federal, state, and local governmental entities and data brokers, including their contractors and vendors, that participate in fusion
centers, a summary of their role and function, and any proposed or existing memorandum of understanding (MOU) or written agreement or material amendments to an existing MOU between these entities regarding participation in fusion centers.
</html:p>
<html:p>
(B)
<html:span class="EnSpace"/>
Number of requests for information and reports submitted to the fusion center from a governmental entity or data broker regardless of the reason.
</html:p>
<html:p>
(C)
<html:span class="EnSpace"/>
The general types of information collected by state law enforcement agencies and shared with federal law enforcement agencies while participating in fusion centers.
</html:p>
<html:p>
(D)
<html:span class="EnSpace"/>
A summary highlighting the principal reasons that a governmental entity or data broker is requesting information from the fusion center.
</html:p>
<html:p>
(E)
<html:span class="EnSpace"/>
How requests for information are submitted to the fusion
center from a governmental entity or data broker and how quickly those are processed.
</html:p>
<html:p>
(F)
<html:span class="EnSpace"/>
An assessment of how fusion centers process incoming requests for information from governmental entities and data brokers.
</html:p>
<html:p>
(G)
<html:span class="EnSpace"/>
The number of times a federal law enforcement agency requested information or assessments from state law enforcement agencies and whether the state law enforcement agency determined that the reasonable suspicion standard was met for the activity.
</html:p>
<html:p>
(H)
<html:span class="EnSpace"/>
Any policies and standards for the use and retention of data gathered, processed, or analyzed by fusion centers.
</html:p>
<html:p>
(I)
<html:span class="EnSpace"/>
A catalog of the information requested by and provided to requesting governmental entities and data brokers and a list of the personal information that is reasonably believed to
have been part of those requests.
</html:p>
<html:p>
(J)
<html:span class="EnSpace"/>
The process for validating the authenticity of the requesting governmental entities and data brokers seeking information requests from the fusion center.
</html:p>
<html:p>
(K)
<html:span class="EnSpace"/>
Whether a reasonable suspicion standard was met before state law enforcement agencies collected, maintained, or disseminated personal information through fusion centers.
</html:p>
<html:p>
(L)
<html:span class="EnSpace"/>
The types of agencies that staff each fusion center, including, but not limited to, the number of staff per agency and a staffing chart or flowchart detailing staffing and how decisions are made about responding to requests from governmental entities or data brokers.
</html:p>
<html:p>
(M)
<html:span class="EnSpace"/>
The number of actual or potential violations of state or local laws, policies, or department orders or procedures, the
actions taken by the state law enforcement agency to address actual or potential violations, and recommendations to prevent future violations.
</html:p>
<html:p>
(N)
<html:span class="EnSpace"/>
A certification, under penalty of perjury, that the fusion center has not engaged in any acts intended to influence the decisions or assessments of the Department of Justice.
</html:p>
<html:p>
(2)
<html:span class="EnSpace"/>
The Department of Justice shall conduct an annual audit based on the report submitted pursuant to paragraph (1), and, notwithstanding Section 10231.5, submit that audit to the Legislature pursuant to Section 9795.
</html:p>
<html:p>
(g)
<html:span class="EnSpace"/>
(1)
<html:span class="EnSpace"/>
Except as provided in paragraph (2), all records related to fusion centers are public records for purposes of the California Public Records Act (Division 10 (commencing with Section 7920.000) of Title 1).
</html:p>
<html:p>
(2)
<html:span class="EnSpace"/>
The Office of Emergency Services, fusion centers, and the Department of Justice shall not disclose the name, address, social security number, or other unique personal identifying information of individuals stopped, searched, or subjected to a property seizure, for purposes of this section.
</html:p>
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<ns0:BillSection id="id_DA68B013-A7A4-4096-834E-D69496FB02DF">
<ns0:Num>SEC. 3.</ns0:Num>
<ns0:Content>
<html:p>The Legislature finds and declares that Section 2 of this act, which adds Section 8586.6 to the Government Code, furthers, within the meaning of paragraph (7) of subdivision (b) of Section 3 of Article I of the California Constitution, the purposes of that constitutional section as it relates to the right of public access to the meetings of local public bodies or the writings of local public officials and local agencies. Pursuant to paragraph (7) of subdivision (b) of Section 3 of Article I of the California Constitution, the Legislature makes the following findings:</html:p>
<html:p>Information about fusion centers, including the participating agencies and operational policies, will further transparency and ensure compliance with existing laws and regulations.</html:p>
</ns0:Content>
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<ns0:BillSection id="id_2A351EC2-1589-417A-8E0B-1C55F6222B63">
<ns0:Num>SEC. 4.</ns0:Num>
<ns0:Content>
<html:p>The Legislature finds and declares that Section 2 of this act, which adds Section 8586.6 to the Government Code, imposes a limitation on the public’s right of access to the meetings of public bodies or the writings of public officials and agencies within the meaning of Section 3 of Article I of the California Constitution. Pursuant to that constitutional provision, the Legislature makes the following findings to demonstrate the interest protected by this limitation and the need for protecting that interest:</html:p>
<html:p>This act balances the right of the public to know
the government’s information collection and sharing practices with preserving the confidentiality of information maintained about individuals.</html:p>
</ns0:Content>
</ns0:BillSection>
<ns0:BillSection id="id_8E44B737-F338-457C-8BB8-47342021A1CB">
<ns0:Num>SEC. 5.</ns0:Num>
<ns0:Content>
<html:p>
No reimbursement is required by this act pursuant to Section 6 of Article XIII
<html:span class="ThinSpace"/>
B of the California Constitution because the only costs that may be incurred by a local agency or school district will be incurred because this act creates a new crime or infraction, eliminates a crime or infraction, or changes the penalty for a crime or infraction, within the meaning of Section 17556 of the Government Code, or changes the definition of a crime within the meaning of Section 6 of Article XIII
<html:span class="ThinSpace"/>
B of the California Constitution.
</html:p>
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<ns0:JR11>
All matter omitted in this version of the bill appears in the bill as introduced in the Senate, February 13, 2026. (JR11)</ns0:JR11>
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