Bill Full Text
Home
-
Bills
-
Bill
-
Authors
-
Dates
-
Locations
-
Analyses
-
Organizations
<?xml version="1.0" ?>
<ns0:MeasureDoc xmlns:html="http://www.w3.org/1999/xhtml" xmlns:ns0="http://lc.ca.gov/legalservices/schemas/caml.1#" xmlns:ns3="http://www.w3.org/1999/xlink" xmlns:xsi="http://www.w3.org/2001/XMLSchema-instance" version="1.0" xsi:schemaLocation="http://lc.ca.gov/legalservices/schemas/caml.1# xca.1.xsd">
<ns0:Description>
<ns0:Id>20250SB__110599INT</ns0:Id>
<ns0:VersionNum>99</ns0:VersionNum>
<ns0:History>
<ns0:Action>
<ns0:ActionText>INTRODUCED</ns0:ActionText>
<ns0:ActionDate>2026-02-13</ns0:ActionDate>
</ns0:Action>
</ns0:History>
<ns0:LegislativeInfo>
<ns0:SessionYear>2025</ns0:SessionYear>
<ns0:SessionNum>0</ns0:SessionNum>
<ns0:MeasureType>SB</ns0:MeasureType>
<ns0:MeasureNum>1105</ns0:MeasureNum>
<ns0:MeasureState>INT</ns0:MeasureState>
</ns0:LegislativeInfo>
<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 amend Section 830.8 of, and to add Section 11054.5 to, the Penal Code, relating to law enforcement. </ns0:Title>
<ns0:RelatingClause>law enforcement</ns0:RelatingClause>
<ns0:GeneralSubject>
<ns0:Subject>Law enforcement.</ns0:Subject>
</ns0:GeneralSubject>
<ns0:DigestText>
<html:p>Existing 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. Under existing law, federal criminal investigators and law enforcement officers are not California peace officers but are granted specified limited arrest authority in limited circumstances including when violations of state and local laws occur in their presence, when there is an immediate danger to persons or property, when detaining a person for evaluation or treatment who, due to a mental illness, is a danger to themselves or others, and when requested by a California law enforcement agency to be involved in a joint task force or criminal investigation. Existing law additionally grants peace officer status to federal employees who comply with certain training
requirements, while they are engaged in enforcing state or local law on and adjacent to property owned or possessed by the United States Government, with the written consent of local law enforcement officials, as specified.</html:p>
<html:p>This bill would remove this arrest authority or peace officer status for federal criminal investigators, law enforcement officers, and federal employees. The bill would also prohibit a California law enforcement agency, as defined, from participating in a joint law enforcement task force or interagency agreement, if, among other things, their assistance includes racial or identity profiling, as specified. The bill would require a California law enforcement agency, if it enters into an interagency agreement, to comply with certain provisions, including seeking authorization from the Attorney General. The bill would require the Attorney General, if an agreement does not comply with specified provisions, to amend or terminate it. By increasing the
duties on local law enforcement, this bill would impose a state-mandated local program.</html:p>
<html:p>This bill would make these provisions severable.</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, 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.</html:p>
<html:p>This bill would make related findings and declarations.</html:p>
</ns0:DigestText>
<ns0:DigestKey>
<ns0:VoteRequired>MAJORITY</ns0:VoteRequired>
<ns0:Appropriation>NO</ns0:Appropriation>
<ns0:FiscalCommittee>YES</ns0:FiscalCommittee>
<ns0:LocalProgram>YES</ns0:LocalProgram>
</ns0:DigestKey>
<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>
</ns0:ImmediateEffectFlags>
</ns0:MeasureIndicators>
</ns0:Description>
<ns0:Bill id="bill">
<ns0:Preamble>The people of the State of California do enact as follows:</ns0:Preamble>
<ns0:BillSection id="id_0B21D2C3-566A-4B57-B941-B8094144E015">
<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"/>
Article I of the California Constitution and the Fourteenth Amendment to the United States Constitution guarantee equal protection of the law and the right to be free from unreasonable seizures. California law prohibits racial profiling and other forms of discrimination on the basis of protected personal characteristics including race, national origin, ethnic group identification, religion, age, sex, sexual orientation, color, or disability.
</html:p>
<html:p>
(b)
<html:span class="EnSpace"/>
In enacting the California Racial and Identity Profiling Act of 2015, the Legislature declared all of the following:
</html:p>
<html:p>
(1)
<html:span class="EnSpace"/>
Racial or identity profiling is a practice that presents a great danger to the fundamental principles of our Constitution and a democratic society.
</html:p>
<html:p>
(2)
<html:span class="EnSpace"/>
Profiling is abhorrent and cannot be tolerated.
</html:p>
<html:p>
(3)
<html:span class="EnSpace"/>
Profiling alienates people from law enforcement, hinders community policing efforts, and causes law enforcement to lose credibility and trust among the people whom law enforcement is sworn to protect and serve.
</html:p>
<html:p>
(c)
<html:span class="EnSpace"/>
The rights to privacy and free expression, including the expression of dissenting political viewpoints, are guaranteed by Article I of the California Constitution and the Fourteenth Amendment to the United States Constitution. These are fundamental rights essential to a free society.
</html:p>
<html:p>
(d)
<html:span class="EnSpace"/>
It is the intent of the Legislature to
act within the state’s legal authority to prevent the use of California resources, personnel, property, or partnerships to facilitate unlawful discrimination or support programs that criminalize protected personal characteristics and constitutionally protected expression in violation of the California and United States Constitutions and state law.
</html:p>
<html:p>
(e)
<html:span class="EnSpace"/>
Entangling state and local agencies with federal operations that target civil society groups based on protected expression or that rely on racial profiling diverts already limited resources and blurs the lines of accountability between local, state, and federal government.
</html:p>
<html:p>
(f)
<html:span class="EnSpace"/>
It is the intent of the Legislature to protect safety, well-being, and constitutional rights of the people of California, and to direct the state’s limited resources to matters of greatest concern to state and local governments.
</html:p>
<html:p>
(g)
<html:span class="EnSpace"/>
The state has both the authority and the responsibility, pursuant to its police powers, to uphold its laws and protect the safety, well-being, and fundamental rights of all people within its jurisdiction.
</html:p>
</ns0:Content>
</ns0:BillSection>
<ns0:BillSection id="id_D6B56BD0-C843-4307-B4C8-C8B73B441B20">
<ns0:Num>SEC. 2.</ns0:Num>
<ns0:ActionLine action="IS_AMENDED" ns3:type="locator" ns3:href="urn:caml:codes:PEN:caml#xpointer(%2Fcaml%3ALawDoc%2Fcaml%3ACode%2Fcaml%3ALawHeading%5B%40type%3D'PART'%20and%20caml%3ANum%3D'2.'%5D%2Fcaml%3ALawHeading%5B%40type%3D'TITLE'%20and%20caml%3ANum%3D'3.'%5D%2Fcaml%3ALawHeading%5B%40type%3D'CHAPTER'%20and%20caml%3ANum%3D'4.5.'%5D%2Fcaml%3ALawSection%5Bcaml%3ANum%3D'830.8.'%5D)" ns3:label="fractionType: LAW_SECTION">
Section 830.8 of the
<ns0:DocName>Penal Code</ns0:DocName>
is amended to read:
</ns0:ActionLine>
<ns0:Fragment>
<ns0:LawSection id="id_0D37FADC-FC4C-44C4-A00E-99E2E834D2C5">
<ns0:Num>830.8.</ns0:Num>
<ns0:LawSectionVersion id="id_2F199DEE-F198-495A-AAF7-60AB4E6348CA">
<ns0:Content>
<html:p>
(a)
<html:span class="EnSpace"/>
Federal criminal investigators and law enforcement officers are not California peace officers.
</html:p>
<html:p>
(b)
<html:span class="EnSpace"/>
National park rangers are not California peace officers but may exercise the powers of arrest of a peace officer as specified in Section 836 of this code, and the powers of a peace officer specified in Section 5150 of the Welfare and Institutions Code for violations of state or local laws provided these rangers are exercising the arrest powers incidental to the performance of their federal duties or providing or attempting to provide law enforcement services in response to a request initiated by California state park rangers to assist in preserving the peace and protecting state parks and other property for which California state park rangers are responsible. National park rangers, prior to the exercise of these arrest powers,
shall have been certified by their agency heads as having satisfactorily completed the training requirements of Section 832.3, or the equivalent thereof.
</html:p>
<html:p>
(c)
<html:span class="EnSpace"/>
Notwithstanding any other provision of law, during a state of war emergency or a state of emergency, as defined in Section 8558 of the Government Code, federal criminal investigators and law enforcement officers who are assisting California law enforcement officers in carrying out emergency operations at the request of the Governor are not deemed California peace officers, but may exercise the powers of arrest
of a peace officer as specified in Section 836 of this code, and the powers of a peace officer specified in Section 5150 of the Welfare and Institutions Code for violations of state or local laws. In these instances, the provisions of Section
185.5, 847, and 13654 of this code and of Section 8655 of the Government Code shall apply.
</html:p>
<html:p>
(d)
<html:span class="EnSpace"/>
(1)
<html:span class="EnSpace"/>
Any qualified person who is appointed as a Washoe tribal law enforcement officer is not a California peace officer, but may exercise the powers of a Washoe tribal peace officer when engaged in the enforcement of Washoe tribal criminal laws against any person who is an Indian, as defined in subsection (d) of Section 450b of Title 25 of the United States Code, on Washoe tribal land. The respective prosecuting authorities, in consultation with law enforcement agencies, may agree on who shall have initial
responsibility for prosecution of specified infractions. This subdivision is not meant to confer cross-deputized status as California peace officers, nor to confer California peace officer status upon Washoe tribal law enforcement officers when enforcing state or local laws in the State of California. Nothing in this section shall be construed to impose liability upon or to require indemnification by the County of Alpine or the State of California for any act performed by an officer of the Washoe Tribe. Washoe tribal law enforcement officers shall have the right to travel to and from Washoe tribal lands within California in order to carry out tribal duties.
</html:p>
<html:p>
(2)
<html:span class="EnSpace"/>
Washoe tribal law enforcement officers are exempted from the provisions of subdivision (a) of Section 25400 and subdivision (a) and subdivisions (c) to (h), inclusive, of Section 25850 while performing their official duties on their tribal lands or while proceeding by a direct route to
or from the tribal lands. Tribal law enforcement vehicles are deemed to be emergency vehicles within the meaning of Section 30 of the Vehicle Code while performing official police services.
</html:p>
<html:p>
(3)
<html:span class="EnSpace"/>
As used in this subdivision, the term “Washoe tribal lands” includes the following:
</html:p>
<html:p>
(A)
<html:span class="EnSpace"/>
All lands located in the County of Alpine within the limits of the reservation created for the Washoe Tribe of Nevada and California, notwithstanding the issuance of any patent and including rights-of-way running through the reservation and all tribal trust lands.
</html:p>
<html:p>
(B)
<html:span class="EnSpace"/>
All Indian allotments, the Indian titles to which have not been extinguished, including rights-of-way running through the same.
</html:p>
<html:p>
(4)
<html:span class="EnSpace"/>
As used in this subdivision, the term “Washoe tribal law” refers to the laws
codified in the Law and Order Code of the Washoe Tribe of Nevada and California, as adopted by the Tribal Council of the Washoe Tribe of Nevada and California.
</html:p>
<html:p>
(e)
<html:span class="EnSpace"/>
This section shall not be construed as authorizing federal criminal investigators and law enforcement officers to make an arrest without a warrant for a criminal offense pursuant to state law, except as provided in subdivisions (b) and (c).
</html:p>
</ns0:Content>
</ns0:LawSectionVersion>
</ns0:LawSection>
</ns0:Fragment>
</ns0:BillSection>
<ns0:BillSection id="id_8DEE4921-470C-485E-B766-DCA04A12887C">
<ns0:Num>SEC. 3.</ns0:Num>
<ns0:ActionLine action="IS_ADDED" ns3:type="locator" ns3:href="urn:caml:codes:PEN:caml#xpointer(%2Fcaml%3ALawDoc%2Fcaml%3ACode%2F%2Fcaml%3ALawSection%5Bcaml%3ANum%3D'11054.5'%5D)" ns3:label="fractionType: LAW_SECTION">
Section 11054.5 is added to the
<ns0:DocName>Penal Code</ns0:DocName>
, to read:
</ns0:ActionLine>
<ns0:Fragment>
<ns0:LawSection id="id_CC8E4675-8CB1-4198-8BFF-4745F8988189">
<ns0:Num>11054.5.</ns0:Num>
<ns0:LawSectionVersion id="id_0D2EA817-1C9F-4C7C-B26A-2084F7B8885F">
<ns0:Content>
<html:p>
(a)
<html:span class="EnSpace"/>
Except as required by federal or state law, a California law enforcement agency shall not take part in a joint law enforcement task force or interagency agreement that assists or includes any of the following:
</html:p>
<html:p>
(1)
<html:span class="EnSpace"/>
Racial or identity profiling, as defined and prohibited by Section 13519.4.
</html:p>
<html:p>
(2)
<html:span class="EnSpace"/>
Investigation, arrest, use of force, or imposition of civil or criminal liability or other penalties upon a person or entity based on constitutionally expressive conduct, including, but not limited to, either of the following:
</html:p>
<html:p>
(A)
<html:span class="EnSpace"/>
Requests made by federal authorities or other out-of-state authorities to obtain data or
conduct surveillance or investigation in furtherance of the objectives in the September 26, 2025, National Security Presidential Memorandum No. 7, including, pursuant to a joint law enforcement task force request or agreement made in furtherance of the objectives of that memorandum.
</html:p>
<html:p>
(B)
<html:span class="EnSpace"/>
Deployment of kinetic energy projectiles and chemical agents against an assembly, protest, or demonstration that does not meet the requirements of Section 13652.
</html:p>
<html:p>
(3)
<html:span class="EnSpace"/>
Use, deployment, or acquisition of military equipment that has not been authorized pursuant to Section 7071 of the Government Code.
</html:p>
<html:p>
(b)
<html:span class="EnSpace"/>
If a California law enforcement agency enters into an interagency agreement, the agreement shall be in writing and include the limitations set forth in subdivision (a). An agreement shall not exceed two years in duration.
</html:p>
<html:p>
(c)
<html:span class="EnSpace"/>
Prior to renewal or establishment of a new interagency agreement, a California law enforcement agency shall seek and receive prior written authorization from the Attorney General. The Attorney General shall grant written authorization only upon determining that the agreement complies with state law.
</html:p>
<html:p>
(d)
<html:span class="EnSpace"/>
For an agreement in existence at the time this law takes effect, a California law enforcement agency that is a party to an interagency agreement shall seek and receive written authorization from the Attorney General. The Attorney General shall grant authority only upon determining that the agreement complies with state law. If the Attorney General determines that the agreement is not compliant with state law, the Attorney General shall amend or terminate the agreement.
</html:p>
<html:p>
(e)
<html:span class="EnSpace"/>
Except as required by federal or state law,
a California law enforcement agency shall not use agency or departmental resources or personnel to assist an operation executed in whole, or in part, by a federal or other out-of-state law enforcement agency that engages in the actions described in subdivision (a).
</html:p>
<html:p>
(f)
<html:span class="EnSpace"/>
For purposes of this section, the following terms have the following meanings:
</html:p>
<html:p>
(1)
<html:span class="EnSpace"/>
“California law enforcement agency” means any of the following:
</html:p>
<html:p>
(A)
<html:span class="EnSpace"/>
A police department, including the police department of a transit agency, school district, or any campus of the University of California, the California State University, or the 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"/>
Any other law enforcement agency, department, or other entity of the state or any political subdivision thereof, that employs any peace officer described in Chapter 4.5 (commencing with Section 830) of Title 3 of Part 2 of the Penal Code.
</html:p>
<html:p>
(2)
<html:span class="EnSpace"/>
“Joint law enforcement task force” means at least one California law enforcement agency collaborating, engaging, or partnering with at least one federal or other out-of-state law enforcement agency in investigating a violation of federal or state crimes, including, but not limited to, the United States Department of Homeland Security task forces established by Executive Order 14159, dated January 20, 2025, the Federal Bureau of Investigation Joint Terrorism Task Forces referenced in the September 26, 2025, National Security Presidential
Memorandum No. 7 and the temporary Immigration and Customs Enforcement Protection task forces established by the Attorney General memorandum dated September 29, 2025.
</html:p>
<html:p>
(3)
<html:span class="EnSpace"/>
“Interagency agreement” means an agreement or memorandum of understanding between a California law enforcement agency and a federal law enforcement agency or other out-of-state law enforcement agency for the purpose of criminal law enforcement, including, but not limited to, a mutual aid agreement.
</html:p>
<html:p>
(4)
<html:span class="EnSpace"/>
“Constitutionally protected expressive conduct” means activities protected by the First Amendment of the United States Constitution or Section 1 of Article I of the California Constitution, including, but not limited to, all of the following:
</html:p>
<html:p>
(A)
<html:span class="EnSpace"/>
Assembly.
</html:p>
<html:p>
(B)
<html:span class="EnSpace"/>
Petitioning.
</html:p>
<html:p>
(C)
<html:span class="EnSpace"/>
Speech.
</html:p>
<html:p>
(D)
<html:span class="EnSpace"/>
Expression of political and religious opinions.
</html:p>
<html:p>
(E)
<html:span class="EnSpace"/>
Recording government officials engaged in their duties in public places.
</html:p>
<html:p>
(F)
<html:span class="EnSpace"/>
Publication of opinions or recordings.
</html:p>
<html:p>
(5)
<html:span class="EnSpace"/>
“Assist” or “assists” includes, but is not limited to, providing personnel for backup or perimeter control.
</html:p>
<html:p>
(g)
<html:span class="EnSpace"/>
This section does not prohibit or restrict any governmental entity or official from sending to, or receiving from, federal immigration authorities, information regarding the citizenship or immigration status, lawful or unlawful, of an individual, or from requesting from federal immigration authorities, immigration status information,
lawful or unlawful, of an individual, or maintaining or exchanging that information with any other federal, state, or local governmental entity, pursuant to Sections 1373 and 1644 of Title 8 of the United States Code.
</html:p>
</ns0:Content>
</ns0:LawSectionVersion>
</ns0:LawSection>
</ns0:Fragment>
</ns0:BillSection>
<ns0:BillSection id="id_D52A006C-C919-4E5B-9BB1-49A89D7C4145">
<ns0:Num>SEC. 4.</ns0:Num>
<ns0:Content>
<html:p>The provisions of this act are severable. If any provision of this act or its application is held invalid, that invalidity shall not affect other provisions or applications that can be given effect without the invalid provision or application.</html:p>
</ns0:Content>
</ns0:BillSection>
<ns0:BillSection id="id_150AE2CD-508F-47E0-AA35-1446503CFA8F">
<ns0:Num>SEC. 5.</ns0:Num>
<ns0:Content>
<html:p>If the Commission on State Mandates determines that this act contains costs mandated by the state, reimbursement to local agencies and school districts for those costs shall be made pursuant to Part 7 (commencing with Section 17500) of Division 4 of Title 2 of the Government Code.</html:p>
</ns0:Content>
</ns0:BillSection>
</ns0:Bill>
</ns0:MeasureDoc>