SB1105 - Law enforcement.

Amended IN Assembly August 20, 2026 Amended IN Assembly August 13, 2026 Amended IN Assembly July 02, 2026 Amended IN Senate April 08, 2026 Amended IN Senate March 16, 2026 CALIFORNIA LEGISLATURE— 2025–2026 REGULAR SESSION Senate Bill No. 1105 Introduced by Senator Pérez (Coauthors: Senators Gonzalez, McNerney, and Wiener) (Coauthors: Assembly Members Connolly, Elhawary, Fong, Gipson, Mark González, Haney, Lee, Ortega, and Ward) February 13, 2026 An act to amend Section 830.8 of, and to add Section 11054.5 to, the Penal Code, relating to law enforcement. LEGISLATIVE COUNSEL'S DIGEST SB 1105, as amended, Pérez. Law enforcement. 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. This bill would remove certain arrest authority or peace officer status for federal criminal investigators, law enforcement officers, and federal employees, including for the purposes of executing a warrant for the arrest of a person. The bill would authorize deputized tribal law enforcement officers of the federal Bureau of Indian Affairs to exercise the powers of arrest, as specified, if, among other things, they are engaged in the enforcement of federal criminal law and they are exercising arrest powers that are incidental to the performance of those federal duties. The bill would also authorize certain federal employees of, among other agencies, the National Park Service and the Bureau of Land Management, if they are enforcing specified provisions of state law on property owned by the United States government, to exercise peace officer status with the written consent of the sheriff or the chief of police from the respective jurisdiction. The bill would also prohibit a California law enforcement agency, as defined, from entering into an interagency agreement, unless, among other things, the agreement is in writing and expressly provides that the agency shall not engage in racial or identity profiling, as specified. The bill would deem any interagency agreement in existence on January 1, 2027, valid, and would authorize that agreement to remain in effect until July 1, 2027. The bill would require, by no later than July 1, 2027, that the agreement be amended to include the provisions described above, including a prohibition on engaging in certain conduct, including racial or identity profiling. By increasing the duties on local law enforcement, this bill would impose a state-mandated local program. This bill would make these provisions severable. 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. 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. This bill would make related findings and declarations. Digest Key Vote: MAJORITY Appropriation: NO Fiscal Committee: YES Local Program: YES Bill Text The people of the State of California do enact as follows: SECTION 1. The Legislature finds and declares all of the following: (a) 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. (b) In enacting the California Racial and Identity Profiling Act of 2015, the Legislature declared all of the following: (1) Racial or identity profiling is a practice that presents a great danger to the fundamental principles of our Constitution and a democratic society. (2) Profiling is abhorrent and cannot be tolerated. (3) 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. (c) The rights to privacy and free expression, including the expression of dissenting political viewpoints, viewpoints and the right to film officers engaged in their duties in a public place, are guaranteed by Article I of the California Constitution and the First and Fourteenth Amendment Amendments to the United States Constitution. These are fundamental rights essential to a free society. (d) In enacting Senate Bill 411 (Chapter 177 of the Statutes of 2015), the Legislature acknowledged that members of the public have a constitutional right to record or photograph officers in public places, and clarified for California law enforcement agencies that the fact that a person takes a photograph or makes an audio or video recording of an officer while in a public place or a place they have a right to be does not constitute reasonable suspicion to detain the person nor probable cause to arrest the person. (e) The September 25, 2025, National Security Presidential Memorandum No. 7 is a blatant threat to a Californian’s constitutional right to free expression, as portions of the memorandum label expressions of “antifascism,” “anti-Americanism, anticapitalism, and anti-Christianity,” as well as extremism on immigration, race, and gender, and hostility towards “traditional American views on family, religion, and morality” as indicia of domestic terrorism. (d) (f) 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. (e) (g) 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. (f) (h) 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. (g) (i) 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. (h) (j) Interagency agreements that provide for state and local agencies to participate in operations that involve racial or identity profiling, law enforcement targeting of constitutionally protected expressive conduct, indiscriminate or unnecessary deployment of crowd control weapons, or unauthorized use of military weapons are contrary to the express provisions and underlying policies of existing California law. It is the intent of the Legislature to expressly declare that those interagency agreements are against public policy, and to affirm the requirements of existing law. SEC. 2. Section 830.8 of the Penal Code is amended to read: 830.8. (a) (1) Federal criminal investigators and law enforcement officers are not California peace officers, but may exercise the powers of arrest consistent with Sections 185.5 and 13654 in any of the following circumstances: (A) When requested by a California law enforcement agency to be involved in a joint task force or criminal investigation. (B) When probable cause exists to believe that a public offense that involves an immediate threat of great bodily injury has just occurred or is being committed. (2) The provisions of Section 847 shall apply whenever a federal criminal investigator or law enforcement officer is exercising the authority granted in paragraph (1). These investigators and law enforcement officers, prior to the exercise of these arrest powers, shall have been certified by their agency heads as having satisfied the training requirements of Section 832, or the equivalent thereof. (3) This subdivision does not affect the powers of federal investigators and law enforcement officers when they are engaged in the enforcement of federal criminal laws and exercising their federal arrest powers pursuant to the performance of those duties. (4) This subdivision does not apply to federal officers of the federal Bureau of Land Management or the United States Forest Service. These officers have no authority to enforce California statutes without the written consent of the sheriff or the chief of police in whose jurisdiction they are assigned. (b) 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. (c) Duly authorized federal employees of the United States Fish and Wildlife Service, United States Forest Service, National Park Service except for national park rangers, or the Bureau of Land Management who comply with the training requirements set forth in Section 832 and the requirements of Sections 185.5 and 13654, are peace officers if they are engaged in enforcing the Fish and Game Code on property owned or possessed by the United States government, or on any street, sidewalk, or property adjacent thereto, and with the written consent of the sheriff or the chief of police, as applicable, in whose jurisdiction the property is situated. (c) (d) (1) Deputized tribal law enforcement officers of the federal Bureau of Indian Affairs are not California peace officers, but may exercise the powers of arrest of a peace officer, subject to the provisions of Sections 185.5 and 13654, in any of the following circumstances: (A) In the circumstances specified in Section 836 for violations of state or local law, and as specified in Section 5150 of the Welfare and Institutions Code. (B) When engaged in the enforcement of federal criminal law and exercising arrest powers only incidental to the performance of those federal duties. (C) When providing or attempting to provide law enforcement services in response to a request initiated by peace officers to assist in preserving the peace and protecting Indian reservations or rancherias, and other tribal lands held in trust by the federal government for which peace officers are responsible, pursuant to Public Law 280 (18 U.S.C. Sec. 1162). (2) A deputized tribal law enforcement officer of the federal Bureau of Indian Affairs, prior to the exercise of these arrest powers, shall have been certified by their agency head as having satisfactorily completed the training requirements of Sections 832.3, or the equivalent thereof. (d) (e) 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. (e) (f) (1) 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. (2) 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 [Text truncated for display. Full text available on Congress.gov.]