§ 819. — 819. (Added by Stats. 2022, Ch. 810, Sec. 9.)

California § 819.

• Jurisdiction: California
• Code PEN: Penal Code - PEN
• Title: 3.
• Part 2.: TITLE 3. ADDITIONAL PROVISIONS REGARDING CRIMINAL PROCEDURE
• Ch. 4.: CHAPTER 4. The Warrant of Arrest

Text

(a)
It is the public policy of the state that an out-of-state arrest warrant for an individual based on violating another state’s law against providing, receiving, or allowing their child to receive gender-affirming health care or gender-affirming mental health care is the lowest law enforcement priority.
(b)
California law enforcement agencies shall not knowingly make or participate in the arrest or participate in any
extradition of an individual pursuant to an out-of-state arrest warrant for violation of another state’s law against providing, receiving, or allowing a child to receive gender-affirming health care and gender-affirming mental health care in this state, if that care is lawful under the laws of this state, to the fullest extent permitted by federal law.
(c)
No state or local law enforcement agency shall cooperate with or provide information to any individual or out-of-state agency or department regarding the provision of lawful gender-affirming health care or gender-affirming mental health
care performed in this state.
(d)
Nothing in this section shall prohibit the investigation of any criminal activity in this state which may involve the performance of gender-affirming health care or gender-affirming mental health care provided that no information relating to any medical procedure performed on a specific individual may be shared with an out-of-state agency or any other individual.
(e)
For the purpose of this subdivision, “gender-affirming health care” and “gender-affirming mental health care” shall have the same meaning as provided in Section 16010.2 of the Welfare and Institutions Code.

Legislative History

Added by Stats. 2022, Ch. 810, Sec. 9. (SB 107) Effective January 1, 2023.