Section 13778.3.
Cal. Penal Code - PEN § 13778.3.
in effect(a)
For purposes of this section, the following terms shall have the following meaning:
(1)
“Gender-affirming health care” and “gender-affirming mental health care” have the same meaning as in paragraph (3) of subdivision (b) of Section 16010.2 of the Welfare and Institutions Code.
(2)
“Legally protected health care activity” shall have the same meaning as in Section 1549.15.
(3)
“Reproductive health care services” shall have the same meaning as in Section 1549.15.
(4)
“California corporation”
refers to any corporation or other entity that is subject to Section 102 of the Corporations Code, with the exception of foreign corporations.
(b)
A state or local government employee, person or entity contracted by a state or local government, or person or entity acting on behalf of a local or state government shall not cooperate with or provide information to any individual, including a bondsman or person authorized, pursuant to subdivision (a) of Section 1299.02, to apprehend, detain, or arrest a fugitive admitted to bail in another state, or out-of-state agency or department regarding any legally protected health care activity or otherwise expend or use time, moneys, facilities, property, equipment, personnel, or other resources in furtherance of any investigation or proceeding that seeks to impose civil or criminal liability or
professional sanctions upon a person or entity for any legally protected health care activity that occurred in this state or that would be legal if it occurred in this state.
(c)
This section does not prohibit compliance with a valid, court-issued subpoena, warrant, wiretap order, pen register trap and trace order, or other legal process which does not relate to a law seeking to impose civil or criminal liability or professional sanctions for a legally protected health care activity, or in response to the written request of a person who is the subject of such an investigation or proceeding, to the extent necessary, in each case, to fulfill such request.
(d)
Any out-of-state subpoena, warrant, wiretap order, pen register trap and trace order, legal process, or request from any law
enforcement agent or entity shall include an affidavit or declaration under penalty of perjury that the discovery is not in connection with an out-of-state proceeding relating to any legally protected health care activity unless the out-of-state proceeding meets all of the following requirements:
(1)
Is based in tort, contract, or on statute.
(2)
Is actionable, in an equivalent or similar manner, under the laws of this state.
(3)
Was brought by the patient who received a legally protected health care activity or the patient’s legal representative.
(e)
A state court, judicial officer, court employee or clerk, or authorized attorney shall not issue a subpoena pursuant
to any other state’s law unless it includes the affidavit or declaration defined in subdivision (d).
(f)
A California corporation that provides electronic communication services or remote computing services to the general public shall not comply with an out-of-state subpoena, warrant, wiretap order, pen register trap and trace order, other legal process, or request by a law enforcement agent or entity seeking records that would reveal the identity of the customers using those services, data stored by, or on behalf of, the customer, the customer’s usage of those services, the recipient or destination of communications sent to or from those customers, or the content of those communications, unless the out-of-state subpoena, warrant, wiretap order, pen register trap and trace order, other legal process, or request from law enforcement
includes the affidavit or declaration defined in subdivision (d). A corporation subject to this subdivision is entitled to rely on the representations made in the affidavit or declaration.
(g)
(1)
The Attorney General may commence a civil action against a person or entity that submits a false affidavit in violation of subdivision (d). Any action brought by the Attorney General pursuant to this section shall be commenced within six years of the date on which the Attorney General received notice of the subpoena, warrant, wiretap order, pen register trap and trace order, legal process, or request from any law enforcement agent or entity that the false affidavit accompanied.
(2)
A person or entity that submits a false affidavit in violation of subdivision (d)
shall be punished by a civil penalty of fifteen thousand dollars ($15,000). This shall be in addition to any other penalties or remedies provided by law.
References
referencesCal. Welfare and Institutions Code - WIC § 16010.2.
referencesCal. Corporations Code - CORP § 102.
referencesCal. Penal Code - PEN § 1549.15.
referencesCal. Penal Code - PEN § 1299.02.
Source: CA Legislative Counsel Bulk DataURL: https://downloads.leginfo.legislature.ca.gov/pubinfo_2025.zipFetched: 6/27/2026