AMENDED IN ASSEMBLY JUNE 29, 2022

AMENDED IN ASSEMBLY JUNE 1, 2022

AMENDED IN ASSEMBLY APRIL 28, 2022
AMENDED IN SENATE FEBRUARY 18, 2021

SENATE BILL No. 107

Introduced by Senator Wiener

(Principal coauthor: Senator Atkins)
(Principal coauthor: Assembly Member Wilson)
(Coauthors: Senators Eggman and Laird)
(Coauthors: Assembly Members Bauer-Kahan, Mia Bonta, Cervantes,
Haney, Kalra, Lee, Low, and Ward)

January 5, 2021

An act to add Section 56.109 to the Civil Code, to amend Sections

2029.300 and 2029.350 of the Code of Civil Procedure, to amend
Sections 3421, 3424, 3427, and 3428 of, and to add Section 3453.5 to,
the Family Code, and to amend Section 1326 of, and to add Sections
819 and 1548.5 to, the Penal Code, relating to health care.

legislative counsel’s digest

SB 107, as amended, Wiener. Gender-affirming health care.
(1)  The United States Constitution generally requires a state to give
full faith and credit to the public acts, records, and judicial proceedings
of every other state. Existing law, the Uniform Criminal Extradition
Act, requires the extradition of a person charged with a crime in another
state, as specified. Existing law sets forth procedures by which a person
may enforce a judgment for the payment of money and child custody
orders issued by the court of a state other than California. Existing law
authorizes a California court or attorney to issue a subpoena if a foreign

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subpoena has been sought in this state. Existing law generally prohibits
a provider of health care, a health care service plan, or a contractor from
disclosing medical information regarding a patient, enrollee, or
subscriber without first obtaining an authorization, unless a specified
exception applies, including that the disclosure is in response to a
subpoena.
This bill would prohibit a provider of health care, a health care service
plan, or a contractor from releasing medical information related to
sensitive services or related to a person or entity allowing a child to
receive gender-affirming health care in response to a criminal or civil
action, including a foreign subpoena, based on another state’s law that
authorizes a person to bring a civil or criminal action against a person
or entity that allows a child to receive gender-affirming health care.
The bill additionally would prohibit law enforcement agencies from
making, or intentionally participating in, the arrest of an individual
pursuant to an out-of-state arrest warrant based on another state’s law
against receiving providing, receiving, or allowing a child to receive
gender-affirming health care. The bill would prohibit the extradition of
an individual charged with violating another state’s law that criminalizes
allowing a person to receive or provide gender-affirming health care.
(2)  Existing law, known as the Uniform Child Custody Jurisdiction
and Enforcement Act, provides the state exclusive jurisdictional basis
for making an initial child custody determination, and permits a
California court to assume temporary emergency jurisdiction in specified
circumstances. Existing law permits a court to decline to exercise its
jurisdiction if it determines that it is an inconvenient forum and a court
in another state is a more appropriate forum.
Existing law permits a California court to decline to exercise its
jurisdiction if the petitioner has wrongfully taken the child from another
state or engaged in similar reprehensible conduct, except as specified.
Existing law prohibits a court from considering the taking or retention
of a child from a person who has legal custody of the child if there is
evidence that the taking or retention was a result of domestic violence.
The bill would prohibit the enforcement of an order based on another
state’s law authorizing a child to be removed from their parent or
guardian based on that parent or guardian allowing their child to receive
gender-affirming health care. The bill would prohibit a court from
finding that it is an inconvenient forum where the law or policy of
another state that may take jurisdiction limits the ability of a parent to
obtain gender-affirming health care or gender-affirming mental health

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care, as defined, and the provision of such care is at issue in the case
before the court. The bill would authorize a court to take temporary
jurisdiction because a child has been unable to obtain gender-affirming
health care. The bill would additionally prohibit a court from considering
the taking or retention of a child from a person who has legal custody
of the child, if the taking or retention was for obtaining gender-affirming
health care or mental health care. The bill would declare its provisions
to be severable.
Vote: majority. Appropriation: no. Fiscal committee: yes.​
State-mandated local program: no.​

The people of the State of California do enact as follows:

line 1 SECTION 1. Section 56.109 is added to the Civil Code, to

line 2 read:
line 3 56.109. (a)  Notwithstanding subdivision (b) of Section 56.10,
line 4 a provider of health care, health care service plan, or contractor
line 5 shall not release medical information related to a person or entity
line 6 allowing a child to receive gender-affirming health care in response
line 7 to any civil action, including a foreign subpoena, based on another
line 8 state’s law that authorizes a person to bring a civil action against
line 9 a person or entity that allows a child to receive gender-affirming
line 10 health care.
line 11 (b)  Notwithstanding subdivision (c) of Section 56.10, a provider
line 12 of health care, health care service plan, or contractor shall not
line 13 release medical information to persons or entities who have
line 14 requested that information and who are authorized by law to receive
line 15 that information pursuant to subdivision (c) of Section 56.10, if
line 16 the information is related to a person or entity allowing a child to
line 17 receive gender-affirming health care, and the information is being
line 18 requested pursuant to another state’s law that authorizes a person
line 19 to bring a civil action against a person or entity who allows a child
line 20 to receive gender-affirming health care.
line 21 (c)  For the purposes of this section, “person” means an
line 22 individual or governmental subdivision, agency, or instrumentality.
line 23 (d)  For the purpose of this section section, “gender-affirming
line 24 health care” shall have the same meaning as provided in Section
line 25 16010.2 of the Welfare and Institutions Code.
line 26 SEC. 2. Section 2029.300 of the Code of Civil Procedure is
line 27 amended to read:

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line 1 2029.300. (a)  To request issuance of a subpoena under this

line 2 section, a party shall submit the original or a true and correct copy
line 3 of a foreign subpoena to the clerk of the superior court in the
line 4 county in which discovery is sought to be conducted in this state.
line 5 A request for the issuance of a subpoena under this section does
line 6 not constitute making an appearance in the courts of this state.
line 7 (b)  In addition to submitting a foreign subpoena under
line 8 subdivision (a), a party seeking discovery shall do both of the
line 9 following:
line 10 (1)  Submit an application requesting that the superior court issue
line 11 a subpoena with the same terms as the foreign subpoena. The
line 12 application shall be on a form prescribed by the Judicial Council
line 13 pursuant to Section 2029.390. No civil case cover sheet is required.
line 14 (2)  Pay the fee specified in Section 70626 of the Government
line 15 Code.
line 16 (c)  When a party submits a foreign subpoena to the clerk of the
line 17 superior court in accordance with subdivision (a), and satisfies the
line 18 requirements of subdivision (b), the clerk shall promptly issue a
line 19 subpoena for service upon the person to which the foreign subpoena
line 20 is directed.
line 21 (d)  A subpoena issued under this section shall satisfy all of the
line 22 following conditions:
line 23 (1)  It shall incorporate the terms used in the foreign subpoena.
line 24 (2)  It shall contain or be accompanied by the names, addresses,
line 25 and telephone numbers of all counsel of record in the proceeding
line 26 to which the subpoena relates and of any party not represented by
line 27 counsel.
line 28 (3)  It shall bear the caption and case number of the out-of-state
line 29 case to which it relates.
line 30 (4)  It shall state the name of the court that issues it.
line 31 (5)  It shall be on a form prescribed by the Judicial Council
line 32 pursuant to Section 2029.390.
line 33 (e)  Notwithstanding subdivision (a), no subpoena shall be issued
line 34 pursuant to this section if the foreign subpoena would require
line 35 disclosure of medical information related to sensitive services or
line 36 is based on a violation of another state’s laws that interfere with
line 37 a person’s right to allow a child to receive gender-affirming health
line 38 care.

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line 1 (1)  For purposes of this subdivision, “sensitive services” has

line 2 the same meaning as defined in Section 791.02 of the Insurance
line 3 Code.
line4 (2)  For the purpose of this subdivision subdivision,
line 5 “gender-affirming health care” shall have the same meaning as
line 6 provided in Section 16010.2 of the Welfare and Institutions Code.
line 7 SEC. 3. Section 2029.350 of the Code of Civil Procedure is
line 8 amended to read:
line 9 2029.350. (a)  Notwithstanding Sections 1986 and 2029.300,
line 10 if a party to a proceeding pending in a foreign jurisdiction retains
line 11 an attorney licensed to practice in this state, who is an active
line 12 member of the State Bar, and that attorney receives the original
line 13 or a true and correct copy of a foreign subpoena, the attorney may
line 14 issue a subpoena under this article.
line 15 (b)  Notwithstanding subdivision (a), an authorized attorney
line 16 shall not issue a subpoena pursuant to subdivision (a) if the foreign
line 17 subpoena would require disclosure of medical information related
line 18 to sensitive services or is based on a violation of another state’s
line 19 laws that interfere with a person’s right to allow a child to receive
line 20 gender-affirming health care.
line 21 (1)  For purposes of this subdivision, “sensitive services” has
line 22 the same meaning as defined in Section 791.02 of the Insurance
line 23 Code.
line24 (2)  For the purpose of this subdivision subdivision,
line 25 “gender-affirming health care” shall have the same meaning as
line 26 provided in Section 16010.2 of the Welfare and Institutions Code.
line 27 (c)  A subpoena issued under this section shall satisfy all of the
line 28 following conditions:
line 29 (1)  It shall incorporate the terms used in the foreign subpoena.
line 30 (2)  It shall contain or be accompanied by the names, addresses,
line 31 and telephone numbers of all counsel of record in the proceeding
line 32 to which the subpoena relates and of any party not represented by
line 33 counsel.
line 34 (3)  It shall bear the caption and case number of the out-of-state
line 35 case to which it relates.
line 36 (4)  It shall state the name of the superior court of the county in
line 37 which the discovery is to be conducted.
line 38 (5)  It shall be on a form prescribed by the Judicial Council
line 39 pursuant to Section 2029.390.
line 40 SEC. 4. Section 3421 of the Family Code is amended to read:

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line 1 3421. (a)  Except as otherwise provided in Section 3424, a

line 2 court of this state has jurisdiction to make an initial child custody
line 3 determination only if any of the following are true:
line 4 (1)  This state is the home state of the child on the date of the
line 5 commencement of the proceeding, or was the home state of the
line 6 child within six months before the commencement of the
line 7 proceeding and the child is absent from this state but a parent or
line 8 person acting as a parent continues to live in this state.
line 9 (2)  A court of another state does not have jurisdiction under
line 10 paragraph (1), or a court of the home state of the child has declined
line 11 to exercise jurisdiction on the grounds that this state is the more
line 12 appropriate forum under Section 3427 or 3428, and both of the
line 13 following are true:
line 14 (A)  The child and the child’s parents, or the child and at least
line 15 one parent or a person acting as a parent, have a significant
line 16 connection with this state other than mere physical presence.
line 17 (B)  Substantial evidence is available in this state concerning
line 18 the child’s care, protection, training, and personal relationships.
line 19 (3)  All courts having jurisdiction under paragraph (1) or (2)
line 20 have declined to exercise jurisdiction on the ground that a court
line 21 of this state is the more appropriate forum to determine the custody
line 22 of the child under Section 3427 or 3428.
line 23 (4)  No court of any other state would have jurisdiction under
line 24 the criteria specified in paragraph (1), (2), or (3).
line 25 (b)  Subdivision (a)  is the exclusive jurisdictional basis for
line 26 making a child custody determination by a court of this state.
line 27 (c)  Physical presence of, or personal jurisdiction over, a party
line 28 or a child is not necessary or sufficient to make a child custody
line 29 determination.
line 30 (d)  The presence of a child in this state for the purpose of
line 31 obtaining gender-affirming health care or gender-affirming mental
line 32 health care, as defined by paragraph (3) subdivision (b) of Section
line 33 16010.2 of the Welfare and Institutions Code, is sufficient to meet
line 34 the requirements of paragraph (2) of subdivision (a).
line 35 SEC. 5. Section 3424 of the Family Code is amended to read:
line 36 3424. (a)  A court of this state has temporary emergency
line 37 jurisdiction if the child is present in this state and the child has
line 38 been abandoned or it is necessary in an emergency to protect the
line 39 child because the child, or a sibling or parent of the child, is
line 40 subjected to, or threatened with, mistreatment or abuse, or because

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line 1 the child has been unable to obtain gender-affirming health care
line 2 or gender-affirming mental health care, as defined by paragraph
line 3 (3) of subdivision (b) of Section 16010.2 of the Welfare and
line 4 Institutions Code.
line 5 (b)  If there is no previous child custody determination that is
line 6 entitled to be enforced under this part and a child custody
line 7 proceeding has not been commenced in a court of a state having
line 8 jurisdiction under Sections 3421 to 3423, inclusive, a child custody
line 9 determination made under this section remains in effect until an
line 10 order is obtained from a court of a state having jurisdiction under
line 11 Sections 3421 to 3423, inclusive. If a child custody proceeding
line 12 has not been or is not commenced in a court of a state having
line 13 jurisdiction under Sections 3421 to 3423, inclusive, a child custody
line 14 determination made under this section becomes a final
line 15 determination, if it so provides and this state becomes the home
line 16 state of the child.
line 17 (c)  If there is a previous child custody determination that is
line 18 entitled to be enforced under this part, or a child custody
line 19 proceeding has been commenced in a court of a state having
line 20 jurisdiction under Sections 3421 to 3423, inclusive, any order
line 21 issued by a court of this state under this section must specify in
line 22 the order a period that the court considers adequate to allow the
line 23 person seeking an order to obtain an order from the state having
line 24 jurisdiction under Sections 3421 to 3423, inclusive. The order
line 25 issued in this state remains in effect until an order is obtained from
line 26 the other state within the period specified or the period expires.
line 27 (d)  A court of this state that has been asked to make a child
line 28 custody determination under this section, upon being informed
line 29 that a child custody proceeding has been commenced in, or a child
line 30 custody determination has been made by, a court of a state having
line 31 jurisdiction under Sections 3421 to 3423, inclusive, shall
line 32 immediately communicate with the other court. A court of this
line 33 state which is exercising jurisdiction pursuant to Sections 3421 to
line 34 3423, inclusive, upon being informed that a child custody
line 35 proceeding has been commenced in, or a child custody
line 36 determination has been made by, a court of another state under a
line 37 statute similar to this section shall immediately communicate with
line 38 the court of that state to resolve the emergency, protect the safety
line 39 of the parties and the child, and determine a period for the duration
line 40 of the temporary order.

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line 1 (e)  It is the intent of the Legislature in enacting subdivision (a)

line 2 that the grounds on which a court may exercise temporary
line 3 emergency jurisdiction be expanded. It is further the intent of the
line 4 Legislature that these grounds include those that existed under
line 5 Section 3403 of the Family Code as that section read on December
line 6 31, 1999, particularly including cases involving domestic violence.
line 7 SEC. 6. Section 3427 of the Family Code is amended to read:
line 8 3427. (a)  A court of this state that has jurisdiction under this
line 9 part to make a child custody determination may decline to exercise
line 10 its jurisdiction at any time if it determines that it is an inconvenient
line 11 forum under the circumstances and that a court of another state is
line 12 a more appropriate forum. The issue of inconvenient forum may
line 13 be raised upon motion of a party, the court’s own motion, or request
line 14 of another court.
line 15 (b)  Before determining whether it is an inconvenient forum, a
line 16 court of this state shall consider whether it is appropriate for a
line 17 court of another state to exercise jurisdiction. For this purpose, the
line 18 court shall allow the parties to submit information and shall
line 19 consider all relevant factors, including:
line 20 (1)  Whether domestic violence has occurred and is likely to
line 21 continue in the future and which state could best protect the parties
line 22 and the child.
line 23 (2)  The length of time the child has resided outside this state.
line 24 (3)  The distance between the court in this state and the court in
line 25 the state that would assume jurisdiction.
line 26 (4)  The degree of financial hardship to the parties in litigating
line 27 in one forum over the other.
line 28 (5)  Any agreement of the parties as to which state should assume
line 29 jurisdiction.
line 30 (6)  The nature and location of the evidence required to resolve
line 31 the pending litigation, including testimony of the child.
line 32 (7)  The ability of the court of each state to decide the issue
line 33 expeditiously and the procedures necessary to present the evidence.
line 34 (8)  The familiarity of the court of each state with the facts and
line 35 issues in the pending litigation.
line 36 (c)  If a court of this state determines that it is an inconvenient
line 37 forum and that a court of another state is a more appropriate forum,
line 38 it shall stay the proceedings upon condition that a child custody
line 39 proceeding be promptly commenced in another designated state

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 —9— SB 107

line 1 and may impose any other condition the court considers just and
line 2 proper.
line 3 (d)  A court of this state may decline to exercise its jurisdiction
line 4 under this part if a child custody determination is incidental to an
line 5 action for dissolution of marriage or another proceeding while still
line 6 retaining jurisdiction over the dissolution of marriage or other
line 7 proceeding.
line 8 (e)  If it appears to the court that it is clearly an inappropriate
line 9 forum, the court may require the party who commenced the
line 10 proceeding to pay, in addition to the costs of the proceeding in this
line 11 state, necessary travel and other expenses, including attorney’s
line 12 fees, incurred by the other parties or their witnesses. Payment is
line 13 to be made to the clerk of the court for remittance to the proper
line 14 party.
line 15 (f)  (1)  In a case where the provision of gender-affirming health
line 16 care or gender-affirming mental health care to the child is at issue,
line 17 a court of this state shall not determine that it is an inconvenient
line 18 forum where the law or policy of the other state that may take
line 19 jurisdiction limits the ability of a parent to obtain gender-affirming
line 20 health care or gender-affirming mental health care for their child.
line 21 (2)  For the purposes of this section, “gender-affirming health
line 22 care” and “gender-affirming mental health care” have the same
line 23 meaning as defined by paragraph (3) of subdivision (b) of Section
line 24 16010.2 of the Welfare and Institutions Code.
line 25 SEC. 7. Section 3428 of the Family Code is amended to read:
line 26 3428. (a)  Except as otherwise provided in Section 3424 or by
line 27 any other law of this state, if a court of this state has jurisdiction
line 28 under this part because a person seeking to invoke its jurisdiction
line 29 has engaged in unjustifiable conduct, the court shall decline to
line 30 exercise its jurisdiction unless one of the following are true:
line 31 (1)  The parents and all persons acting as parents have acquiesced
line 32 in the exercise of jurisdiction.
line 33 (2)  A court of the state otherwise having jurisdiction under
line 34 Sections 3421 to 3423, inclusive, determines that this state is a
line 35 more appropriate forum under Section 3427.
line 36 (3)  No court of any other state would have jurisdiction under
line 37 the criteria specified in Sections 3421 to 3423, inclusive.
line 38 (b)  If a court of this state declines to exercise its jurisdiction
line 39 pursuant to subdivision (a), it may fashion an appropriate remedy
line 40 to ensure the safety of the child and prevent a repetition of the

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line 1 unjustifiable conduct, including staying the proceeding until a

line 2 child custody proceeding is commenced in a court having
line 3 jurisdiction under Sections 3421 to 3423, inclusive.
line 4 (c)  If a court dismisses a petition or stays a proceeding because
line 5 it declines to exercise its jurisdiction pursuant to subdivision (a),
line 6 it shall assess against the party seeking to invoke its jurisdiction
line 7 necessary and reasonable expenses including costs, communication
line 8 expenses, attorney’s fees, investigative fees, expenses for witnesses,
line 9 travel expenses, and child care during the course of the
line 10 proceedings, unless the party from whom fees are sought
line 11 establishes that the assessment would be clearly inappropriate.
line 12 The court may not assess fees, costs, or expenses against this state
line 13 unless authorized by law other than this part.
line 14 (d)  In making a determination under this section, a court shall
line 15 not consider as a factor weighing against the petitioner any taking
line 16 of the child, or retention of the child after a visit or other temporary
line 17 relinquishment of physical custody, from the person who has legal
line 18 custody, if there is evidence that the taking or retention of the child
line 19 was a result of domestic violence against the petitioner, as defined
line 20 in Section 6211, or for the purposes of obtaining gender-affirming
line 21 health care or gender-affirming mental health care, as defined by
line 22 paragraph (3) of subdivision (b) of Section 16010.2 of the Welfare
line 23 and Institutions Code, for the child and the law or policy of the
line 24 other state limits the ability of a parent to obtain gender-affirming
line 25 health care or gender-affirming mental health care for their child.
line 26 SEC. 8. Section 3453.5 is added to the Family Code, to read:
line 27 3453.5. (a)  A law of another state that authorizes a state agency
line 28 to remove a child from their parent or guardian based on the parent
line 29 or guardian allowing their child to receive gender-affirming health
line 30 care is against the public policy of this state and shall not be
line 31 enforced or applied in a case pending in a court in this state.
line32 (b)  For the purpose of this subdivision subdivision,
line 33 “gender-affirming health care” shall have the same meaning as
line 34 provided in paragraph (3) of subdivision (b) of Section 16010.2
line 35 of the Welfare and Institutions Code.
line 36 SEC. 9. Section 819 is added to the Penal Code, to read:
line 37 819. (a)  It is the public policy of the state that an out-of-state
line 38 arrest warrant for an individual based on violating another state’s
line 39 law against receiving providing, receiving, or allowing their child

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line 1 to receive gender-affirming health care is the lowest law

line 2 enforcement priority.
line 3 (b)  California law enforcement agencies shall not make or
line 4 intentionally participate in the arrest of an individual pursuant to
line 5 an out-of-state arrest warrant for violation of another state’s law
line 6 against receiving providing, receiving, or allowing a child to
line 7 receive gender-affirming health care.
line 8 (c)  No state or local law enforcement agency shall cooperate
line 9 with or provide information to any individual or out-of-state agency
line 10 or department regarding the provision of lawful gender-affirming
line 11 health care performed in this state.
line 12 (d)  Nothing in this section shall prohibit the investigation of
line 13 any criminal activity in this state which may involve the
line 14 performance of gender-affirming health care provided that no
line 15 information relating to any medical procedure performed on a
line 16 specific individual may be shared with an out-of-state agency or
line 17 any other individual.
line18 (e)  For the purpose of this subdivision subdivision,
line 19 “gender-affirming health care” shall have the same meaning as
line 20 provided in paragraph (3) of subdivision (b) of Section 16010.2
line 21 of the Welfare and Institutions Code.
line 22 SEC. 10. Section 1326 of the Penal Code is amended to read:
line 23 1326. (a)  The process by which the attendance of a witness
line 24 before a court or magistrate is required is a subpoena. It may be
line 25 signed and issued by any of the following:
line 26 (1)  A magistrate before whom a complaint is laid or their clerk,
line 27 the district attorney or their investigator, or the public defender or
line 28 their investigator, for witnesses in the state.
line 29 (2)  The district attorney, their investigator, or, upon request of
line 30 the grand jury, any judge of the superior court, for witnesses in
line 31 the state, in support of an indictment or information, to appear
line 32 before the court in which it is to be tried.
line 33 (3)  The district attorney or their investigator, the public defender
line 34 or their investigator, or the clerk of the court in which a criminal
line 35 action is to be tried. The clerk shall, at any time, upon application
line 36 of the defendant, and without charge, issue as many blank
line 37 subpoenas, subscribed by them, for witnesses in the state, as the
line 38 defendant may require.
line 39 (4)  The attorney of record for the defendant.

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line 1 (b)  A subpoena issued in a criminal action that commands the

line 2 custodian of records or other qualified witness of a business to
line 3 produce books, papers, documents, or records shall direct that
line 4 those items be delivered by the custodian or qualified witness in
line 5 the manner specified in subdivision (b) of Section 1560 of the
line 6 Evidence Code. Subdivision (e) of Section 1560 of the Evidence
line 7 Code shall not apply to criminal cases.
line 8 (c)  (1)  Notwithstanding subdivision (b), a provider of health
line 9 care, health care service plan, or contractor shall not release
line 10 medical information related to a person or entity allowing a child
line 11 to receive gender-affirming health care in response to any foreign
line 12 subpoena that is based on a violation of another state’s laws
line 13 authorizing a criminal action against a person or entity that allows
line 14 a child to receive gender-affirming health care.
line15 (2)  For the purpose of this subdivision subdivision,
line 16 “gender-affirming health care” shall have the same meaning as
line 17 provided in paragraph (3) of subdivision (b) of Section 16010.2
line 18 of the Welfare and Institutions Code.
line 19 (d)  In a criminal action, no party, or attorney or representative
line 20 of a party, may issue a subpoena commanding the custodian of
line 21 records or other qualified witness of a business to provide books,
line 22 papers, documents, or records, or copies thereof, relating to a
line 23 person or entity other than the subpoenaed person or entity in any
line 24 manner other than that specified in subdivision (b) of Section 1560
line 25 of the Evidence Code. When a defendant has issued a subpoena
line 26 to a person or entity that is not a party for the production of books,
line 27 papers, documents, or records, or copies thereof, the court may
line 28 order an in camera hearing to determine whether or not the defense
line 29 is entitled to receive the documents. The court may not order the
line 30 documents disclosed to the prosecution except as required by
line 31 Section 1054.3.
line 32 (e)  This section shall not be construed to prohibit obtaining
line 33 books, papers, documents, or records with the consent of the person
line 34 to whom the books, papers, documents, or records relate.
line 35 SEC. 11. Section 1548.5 is added to the Penal Code, to read:
line 36 1548.5. (a)  Notwithstanding any other provision of state law,
line 37 no state or local law enforcement shall make or intentionally
line 38 participate in the arrest or recognize any demand for extradition
line 39 of an individual pursuant to a criminal action related to the law of
line 40 another state that criminalizes allowing a person to receive or

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line 1 provide gender-affirming health care where that conduct would

line 2 not be unlawful under the laws of this state to the fullest extent
line 3 permitted by federal law.
line4 (b)  For the purpose of this subdivision subdivision,
line 5 “gender-affirming health care” shall have the same meaning as
line 6 provided in paragraph (3) of subdivision (b) of Section 16010.2
line 7 of the Welfare and Institutions Code.
line 8 SEC. 12. The provisions of this act are severable. If any
line 9 provision of this act or its application is held invalid, that invalidity
line 10 shall not affect other provisions or applications that can be given
line 11 effect without the invalid provision or application.

95