WeVote
Log In

Bill

Bill

AB 2164

Legally protected activities.

2025-2026 Regular Session Introduced by Dawn Addis and 25 co-sponsors

Extends California’s legally protected health care protections to acts performed in other states if lawful there, and restricts extradition based on such acts unless specific writt

From committee: Do pass and re-refer to Com. on APPR. (Ayes 11. Noes 2.) (June 30). Re-referred to Com. on APPR.
#legallyprotectedactivities
0
WeVote Research Nonpartisan
Bill Summary · AB 2164

Summary of AB 2164 (2025-2026) – Legally Protected Activities

Purpose and intent

AB 2164 aims to extend California’s protections for individuals engaging in legally protected health care activities (notably reproductive health care and gender-affirming care) to include actions taken in other U.S. jurisdictions that would have been protected in California if undertaken here. The bill seeks to limit extradition and cooperation related to criminal liability tied to such activities when those acts were permissible where they occurred, and to clarify the governor’s extradition authority consistent with this approach.

Key policy aim:
- Provide cross-jurisdictional shield for individuals who, while located in another U.S. state, engaged in acts to aid or encourage reproductive health care or gender-affirming health care that would be lawful in that jurisdiction.
- Ensure California does not apply out-of-state-law protections or extradite individuals for legally protected activities that were legal where the acts occurred.

Major provisions

1) Health and Safety Code – new Section 123469.5
- Extends protections for “legally protected health care activity” to cover a person who previously undertook acts or omissions in another U.S. state to aid or encourage, or attempt to aid or encourage, rights to reproductive health care or gender-affirming health care that would have been protected in California if done here.
- Definitions:
- Reproductive health care services: same meaning as Civil Code section 1798.300.
- Gender-affirming health care services and gender-affirming mental health care services: as defined in Welfare and Institutions Code section 16010.2(b)(3).
- Effect: Protections applicable to activities lawful in California shall also apply to those acts or omissions performed in another state, provided those acts were permissible under that state’s laws at the time.

2) Penal Code – amendments to extradition provisions
- Section 1549.1 (amended): Governor may surrender a person in California charged in another state for acts in California or a third state that intentionally resulted in a crime, so long as the acts would be punishable by California law if the claimed result occurred here. Maintains that these provisions apply even if the accused was not physically in the demanding state at the time.
- Section 1549.13 (new): Extradition demands may not be recognized based on legally protected health care activity, except as required by federal law, unless the demanding state’s executive authority provides in writing that the accused was physically present in the demanding state at the time of the crime and subsequently fled that state.
- Scope: Extradition requests tied to legally protected health care activity cannot be recognized unless narrow, written conditions are met.

3) Penal Code – addition of Section 1549.15 (referenced in definitions)
- The bill references a definition for legally protected health care activity (to be aligned with Section 1798.300 of Civil Code for reproductive health care, and Section 16010.2(b)(3) for gender-affirming care).

Who is affected

  • Individuals who, while physically located in another U.S. jurisdiction, undertook acts to aid or encourage reproductive health care or gender-affirming health care that would have been protected in California.
  • California law enforcement, public agencies, and the Governor (in extradition matters) — particularly regarding cooperation with out-of-state authorities and extradition decisions.
  • Health care providers and supporters engaged in legally protected health care activities who may be implicated in interstate actions.

Procedural and timeline aspects

  • The bill was introduced in February 2026 and moved through the Legislature with amendments and committee hearings (Legislative history shows referrals to Public Safety and Judicial committees, amendments, and re-refer to Public Safety as of April 2026).
  • If enacted, the provisions would become part of the Health and Safety Code and the Penal Code, altering extradition procedures and cross-jurisdictional protections.
  • Effective dates are not explicitly stated in the text provided; standard practice would be to specify an effective date upon enactment or upon signature.

Key takeaways

  • AB 2164 broadens California’s legally protected activity protections to cover acts performed in other states, provided those acts would be lawful there and would have been protected in California.
  • It restricts extradition claims based on legally protected health care activity, requiring explicit showing of physical presence in the demanding state at the time of the crime and subsequent flight, with exceptions limited by federal law.
  • The bill emphasizes safeguarding access to reproductive and gender-affirming care in a cross-jurisdictional context, while detailing procedural safeguards for extradition.

Compiled from official sources — confirm details with the bill’s official record.

Sign in to ask a question.