26-01 - 2026 Legislative Update

2026 LEGISLATIVE UPDATE

The following is a summary of selected law enforcement-related legislative changes that may affect theDepartment as a whole.  These changes take effect January 1, 2026, unless otherwise noted.  This summary is intended as a quick reference source and is, therefore, limited to the most significant changes.  It does not include every legislative change affecting law enforcement. 

The text of the statute and the Department Manual of Policy and Procedures (MPP) should be reviewed prior to initiating law enforcement activity based on the information contained in this newsletter.

The California Peace Officers’ Legislative and Legal Digest can be found at 2026 Legislative Legal Digest.  For further information, the complete text of statutes and California Codes can be found on the California Legislative Information website at http://leginfo.legislature.ca.gov.

CRIMES AND CRIMINAL PROCEDURES

This bill expands prohibitions on junk dealers and recyclers from possessing certain types of scrap metal, incorporates additional record-keeping requirements for junk dealers and recyclers, and increases fines related to scrap metal theft.

This bill makes possession of a key programming device, key duplicating device, or signal extender, with the intent to commit burglary, a misdemeanor punishable by up to six months in the county jail, a fine not to exceed $1,000, or both.  This measure updates the Penal Code to reflect the use of this technology.

• Clearly identify themselves, provide identification (if in person), provide information on the status of their family member (including whether their family member was killed or seriously injured), inform the family member they may consult with an attorney or trusted friend, inform them they are not obligated to speak with officers or respond to a police (Sheriff’s) station, and indicate the interview may result in culpability on behalf of their family member.

• Requires every law enforcement agency and prosecutorial agency to have a policy by January 1, 2027.

This bill authorizes a sexual assault victim who is 18 years of age or older and who is undecided whether to report the assault at the time of examination to request that all medical evidence collected from them not be tested.  The victim may later request that their kit be tested, regardless of whether they also decide to make a report to law enforcement.  The law requires the investigating agency to retain the kit until the sexual assault victim requests testing.

This bill addresses due process issues for law enforcement related to the California Racial Justice Act (RJA).  This bill seeks to provide a peace officer who is the subject of an RJA violation with notice of the allegation.  This bill requires defense counsel to serve a copy of the RJA motion on the law enforcement agency or agencies that employed the officer or officers.  A court finding pursuant to the RJA may not be used by an agency to take punitive action against an officer or by POST to decertify an officer.  However, both the law enforcement agency and POST are permitted to take administrative action based on the underlying actions or omissions that formed the basis of the RJA violation, provided the action conforms to all applicable rules and procedures for those proceedings, including all due process protections.

VEHICLE CODE

This bill requires an electric bike to be equipped with a red reflector or a solid or flashing red light with a built-in reflector on the rear that shall be visible from 500 feet to the rear when directly in front of lawful upper beams of headlamps on a motor vehicle.  A violation of the section is an infraction.  The bill also adds the CHP-developed online electric bicycle safety and training program as an approved course that a minor may take upon citation for a helmet violation while riding an electric bicycle.

• A notice must be attached to the RV for 72 hours before the vehicle is removed.
• Owners must be notified within 48 hours, excluding weekends and holidays, of the removal, including contact information for recovering the property.
• Owners have up to 30 days to claim the RV.
• Requires annual reporting to the agency’s governing body regarding RVs removed pursuant to this authority.

          22669(d) due to public health and safety hazards.

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• It has fewer than four wheels and does not meet the definition of an electric bicycle, is powered by an electric motor capable of exclusively propelling the vehicle more than 20 miles per hour, and the operator is not licensed to operate the vehicle.

• It is a Class 3 electric bicycle operated by a child under the age of 16.

• Expands the list of towing and storage fees that are considered unreasonable.

• Includes storage fees charged when the owner or the operator of a tow truck is directed by a law enforcement officer to remove a vehicle at the scene of a state or local emergency for the sole purpose of clearing a roadway for emergency vehicles.

FIREARMS/WEAPONS

This bill imposes additional obligations and duties on firearm industry members under the Firearm Industry Responsibility Act (FIRA) for firearm accessories and firearm manufacturing devices.  It establishes new civil and criminal penalties for the unlawful manufacture of a firearm and adds several violations to the list of crimes for which a conviction results in a 10-year ban on the purchase or possession of firearms.

MISCELLANEOUS/ PERSONNEL

This bill grants civilian law enforcement oversight boards access to the confidential personnel records of peace officers and custodial officers, as specified, for investigations or proceedings concerning those officers’ conduct.

This bill requires a court, in an action to compel disclosure under the California Public Records Act, to evaluate whether a peace officer is currently operating undercover and their duties demand anonymity, and to determine whether redactions of peace officers and custodial officers personnel records are appropriate based on a specific, articulable risk that disclosure would pose a significant danger to the physical safety of the peace officer or another person.

This bill prohibits a law enforcement agency from entering into an agreement with a peace officer that requires the agency to destroy, remove, or conceal a record of a misconduct investigation, to halt or make particular findings in such an investigation, or to otherwise restrict disclosure of information about an allegation or investigation of misconduct.  The bill renders such agreements void and unenforceable and specifies that agreements that violate this prohibition are subject to disclosure under the California Public Records Act.

This bill authorizes the Commission on Peace Officer Standards and Training (POST) to access information contained in and derived from the California Law Enforcement Telecommunications System (CLETS).

DEPARTMENTAL PROCEDURES

This bill requires every law enforcement agency to maintain a policy requiring an artificial intelligence (AI)-generated official report to identify the type of AI program used to generate it and include the signature of the officer who prepared the official report.

This bill requires the Attorney General, on or before July 1, 2026, in consultation with appropriate stakeholders, to publish model policies and guidance, audit criteria, and training recommendations for state and local agencies and the databases they operate regarding interactions with immigration authorities, consistent with federal and state law.  The bill requires local and state agencies to implement these policies, or an equivalent, by January 1, 2027.

• Transparency, accountability, and public trust.
• Restricting the use of facial coverings to specific, clearly defined, and limited circumstances.

Law Enforcement officers found to have committed torts (e.g., assault, false arrest) while knowingly violating the masking rule can lose their civil immunity and be liable for at least $10,000 in damages.  Law enforcement officers are exempt from criminal penalties if their agency has a compliant, publicly posted policy in place by July 1, 2026.

The bill requires a law enforcement agency operating in California to maintain and publicly post a written policy on the visible identification of sworn personnel by January 1, 2026.  The policy must include a purpose statement affirming the agency’s commitment to transparency, accountability, and public trust, and restrict situations in which sworn personnel do not visibly display identification to specific, clearly defined, and limited circumstances.

REFERENCES