AB2164 - Legally protected activities.

Enrolled August 27, 2026 Passed IN Senate August 25, 2026 Passed IN Assembly May 21, 2026 Amended IN Assembly April 23, 2026 Amended IN Assembly April 09, 2026 CALIFORNIA LEGISLATURE— 2025–2026 REGULAR SESSION Assembly Bill No. 2164 Introduced by Assembly Member Bauer-Kahan (Principal coauthor: Senator Rubio) (Coauthors: Assembly Members Addis, Aguiar-Curry, Ávila Farías, Bonta, Bryan, Calderon, Elhawary, Irwin, Kalra, McKinnor, Nguyen, Ortega, Papan, Patel, Pellerin, Quirk-Silva, Celeste Rodriguez, Schiavo, Stefani, Wilson, Schultz, Sharp-Collins, and Zbur) (Coauthors: Senators Menjivar, Pérez, and Reyes) February 18, 2026 An act to add Section 123469.5 to the Health and Safety Code, and to add Section 1549.13 to the Penal Code, relating to legally protected activities. LEGISLATIVE COUNSEL'S DIGEST AB 2164, Bauer-Kahan. Legally protected activities. Existing law, the Reproductive Privacy Act, declares as contrary to the public policy of this state a law of another state that authorizes a person to bring a civil action against a person or entity that engages in certain activities relating to obtaining or performing an abortion. Existing law prohibits the state from applying an out-of-state law to a case or controversy in state court or enforcing or satisfying a civil judgment under the out-of-state law. This bill would specify that the protections applicable to persons who engage in legally protected health care activity, as defined, apply to a person who previously has undertaken one or more acts or omissions while in another United States jurisdiction to aid or encourage, or attempt to aid or encourage, any person in the exercise and enjoyment, or attempted exercise and enjoyment, of rights to reproductive health care services or gender affirming health care services if the acts or omissions were permissible under the laws of the jurisdiction in which the person was located at the time of the acts or omissions. Existing law prohibits a state or local law enforcement agency or officer from knowingly arresting or knowingly participating in the arrest of any person for performing, supporting, or aiding in the performance of legally protected health care activity, if the health care activity is lawful in this state. Existing law prohibits a state or local public agency from cooperating with or providing information to an individual or agency from another state or a federal law enforcement agency, as specified, regarding a legally protected health care activity that is lawful in this state. Under existing law, the Governor may surrender, on demand of executive authority of any other state, any person in this state charged in the other state, as specified, with committing an act in this state, or in a 3rd state, intentionally resulting in a crime in the state whose executive authority is making the demand. This bill would prohibit the Governor from recognizing a request for extradition of a person subject to criminal liability based on the alleged provision or receipt of, assistance in the provision or receipt of, material support for, or in any theory of vicarious, joint, several, or conspiracy liability for any legally protected health care activity, except as specified. Digest Key Vote: MAJORITY Appropriation: NO Fiscal Committee: YES Local Program: NO Bill Text The people of the State of California do enact as follows: SECTION 1. Section 123469.5 is added to the Health and Safety Code, to read: 123469.5. (a) The protections applicable to persons who engage in legally protected health care activity, as defined in Section 1798.300 of the Civil Code, shall also apply to a person who has previously undertaken one or more acts or omissions while in another United States jurisdiction to aid or encourage, or attempt to aid or encourage, any person in the exercise and enjoyment, or attempted exercise and enjoyment, of rights to reproductive health care services or gender affirming health care services if the acts or omissions were permissible under the laws of the jurisdiction in which the person was located at the time of the acts or omissions. (b) “Reproductive health care services” has the same meaning as set forth in Section 1798.300 of the Civil Code. (c) “Gender affirming health care services” and “gender affirming mental health care services” have the same meanings as defined in paragraph (3) of subdivision (b) of Section 16010.2 of the Welfare and Institutions Code. SEC. 2. Section 1549.13 is added to the Penal Code, to read: 1549.13. Except as required by Sections 1548.1 and 1548.2, no demand for the extradition of a person subject to criminal liability that is in whole or in part based on the alleged provision or receipt of, assistance in the provision or receipt of, material support for, or any theory of vicarious, joint, several, or conspiracy liability for any legally protected health care activity, as defined in Section 1549.15, shall be recognized by the Governor.