AB 1676 California Assembly · 2025-2026 Regular Session

Mental health services: assisted outpatient treatment: involuntary medication.

Summary

Existing law, known as Laura's Law, requires a county or group of counties to provide assisted outpatient treatment as part of mental health services, unless a county or group of counties opts out by a resolution passed by the governing body, as specified. For participating counties, existing law authorizes a court to order a person who is the subject of a certain petition to obtain assisted outpatient treatment if the court finds, by clear and convincing evidence, that various conditions are met, including, among others, that the person is experiencing a mental illness and that the person has a history of lack of compliance with treatment for their mental illness, as specified. Existing law sets forth certain rights of the person relating to the hearing and imposes conditions on an extension to an initial treatment order. This bill would authorize the county behavioral health director, or their designee, to file a petition for an order authorizing the use of involuntary psychotropic medication independent of, or concurrently with, a petition for assisted outpatient treatment. The bill would authorize a court to issue an order for the use of involuntary medication if the court finds, by clear and convincing evidence, that the facts stated in the required verified petition are true and establish that, among other things, a licensed mental health treatment provider has determined the person who is the subject of the petition has a serious mental disorder. The bill would specify rights that the person who is the subject of the petition is entitled to, including the right to demand a court or jury trial on the issue or issues of whether the person has a serious mental disorder, the person does not have the capacity to refuse treatment with psychotropic medications, or the psychotropic medications are necessary to prevent a relapse or deterioration that would be likely to result in grave disability or serious harm to the person or to others. The bill would provide the procedure for filing of the petition and setting of a trial date. The bill would prohibit any order for involuntary medication until the conclusion of the court or jury trial. The bill would authorize a licensed mental health provider who is a member of the assisted outpatient treatment services team to request that first responders take the subject of the petition into custody and transport the person, or cause the person to be transported, to a designated facility for the administration of the court-ordered medication if specified conditions are met. If the court grants the petition for involuntary psychotropic medication, the bill would require the county behavioral health director, or their designee, to file an affidavit with the court, as specified, affirming that the person who is the subject of the order continues to meet the criteria for the involuntary medication order and whether any medication changes pursuant to authorization occurred during the prior 60 days. By expanding the scope of the crime of perjury, this bill would impose a state-mandated local program. The bill would also prohibit criminal or civil liability for an individual authorized to take custody of and transport individuals with an involuntary medication order issued pursuant to these provisions exercising this authority in accordance with the law. 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 no reimbursement is required by this act for a specified reason.

Bill status in committee 1 of 4 stages cleared

Introduction

Feb 2026

Committee Review

Floor Vote

Governor

Introduced Feb 2, 2026 Last action Apr 13, 2026

Maddy AI version diff · 3 comparisons

What changed between versions

03/16/26 - Amended Assembly → 03/24/26 - Amended Assembly · 4 edits · Mar 24, 2026

MODERATE

AB 1676 was amended to narrow the definition of 'serious mental disorder' used as a criterion for involuntary medication orders, changing the reference from all of Section 5600.3 to specifically paragraphs (2) and (3) of subdivision (b) of that section. The bill also changed its fiscal classification, now requiring fiscal committee review and being designated as a state-mandated local program, which affects reimbursement obligations to counties. A code reference was added for 'first responders' to clarify it points to the Government Code.

Scope change

The eligibility scope for involuntary medication orders was narrowed by restricting the definition of 'serious mental disorder' to a subset of Section 5600.3 rather than the full section. The fiscal scope expanded, as the bill is now treated as a state-mandated local program subject to fiscal committee review.

ELIGIBILITY

The criterion for involuntary medication orders in Section 5336.5(b)(2) was narrowed: 'serious mental disorder' is now defined by reference to paragraphs (2) and (3) of subdivision (b) of Section 5600.3 rather than the entirety of Section 5600.3, potentially limiting who qualifies for an involuntary medication order.

FISCAL

The bill's fiscal classification changed from 'Fiscal committee: no' to 'Fiscal committee: yes' and from 'State-mandated local program: no' to 'State-mandated local program: yes,' meaning the bill now triggers fiscal committee review and may create state reimbursement obligations to local agencies for mandated costs.

TECHNICAL

A code reference was added in Section 5336.5(h)(1) clarifying that 'first responders' as defined in Section 8562 refers to the Government Code, improving statutory cross-reference clarity.

The bill's short title was corrected from 'An act to amend Section 5348 of Sections 5278 and 5348' to 'An act to amend Sections 5278 and 5348,' fixing a grammatical error.

02/02/26 - Introduced → 03/16/26 - Amended Assembly · 10 edits · Mar 16, 2026

MAJOR

AB 1676 was dramatically expanded from a bill making only technical, nonsubstantive changes to Laura's Law into a bill that creates an entirely new legal mechanism for court-ordered involuntary psychotropic medication under assisted outpatient treatment. The amendment adds a new section (5336.5) establishing petition procedures, evidentiary standards, due process rights including the right to a jury trial, custody and transport authority, periodic review requirements, and habeas corpus protections. This represents a major expansion of state power to compel medication for people with serious mental illness in outpatient settings.

Scope change

The bill's scope expanded from purely technical amendments to Laura's Law provisions into a substantive new policy creating a court-ordered involuntary medication mechanism within the assisted outpatient treatment framework. This adds a new category of state-authorized compulsion (involuntary psychotropic medication in outpatient settings) with its own petition process, evidentiary standards, due process protections, enforcement mechanisms, and periodic review requirements.

SCOPE

New Section 5336.5 added to the Welfare and Institutions Code creating a standalone legal framework for involuntary psychotropic medication orders that can be filed independently of or concurrently with assisted outpatient treatment petitions under Laura's Law.

Section 5278 expanded to include immunity from criminal or civil liability for individuals authorized to take custody of and transport persons with an involuntary medication order under the new Section 5336.5.

ELIGIBILITY

Criteria for involuntary medication orders require: (1) a court-ordered AOT plan, (2) a licensed mental health provider determination of serious mental disorder, (3) a physician or nurse practitioner finding that medication is necessary to prevent relapse or deterioration likely to result in grave disability or serious harm, (4) the person lacks capacity to refuse psychotropic medication, (5) treatment alternatives are unlikely to meet the person's needs, and (6) the person refuses or cannot consent to the medication.

REQUIREMENT

Petitions must be accompanied by an affidavit from providers who personally examined the person within 10 days of filing, stating facts supporting each criterion, confirming attempts to elicit voluntary cooperation were unsuccessful, and affirming willingness to testify at the hearing.

Due process rights include: the right to demand a court or jury trial on whether the person has a serious mental disorder, lacks capacity to refuse medication, or whether medication is necessary; trial must commence within 10 days of demand (extendable by 15 days); no involuntary medication order takes effect until the conclusion of any demanded trial; and the right to file habeas corpus petitions during each 60-day review period.

Section 5348(c) amended to add Section 5336.5 as an authorized basis for involuntary medication orders, changing the reference from 'Sections 5332 to 5336, inclusive' to 'Sections 5332 to 5336, 5336.5, inclusive.'

ENFORCEMENT

A licensed mental health provider on the AOT services team may request first responders take a non-compliant person into custody and transport them to a designated facility for medication administration, provided the person failed or refused to comply, efforts were made to solicit compliance, and the person needs evaluation at a facility. The 72-hour hold rules apply, and failure to comply with a medication order alone cannot be grounds for involuntary civil commitment or contempt of court.

TIMELINE

Involuntary medication orders last for the duration of the associated AOT order. Extensions of up to 180 days are available using the same procedures. Every 60 days, the county behavioral health director must file an affidavit affirming the person still meets criteria and specifying any medication changes; the person has a right to a hearing if they disagree, with the burden of proof on the director.

FISCAL

Fiscal committee review changed from 'no' to 'yes' and state-mandated local program changed from 'no' to 'yes,' reflecting the new obligations imposed on counties. However, the bill includes a provision stating no state reimbursement is required because it creates or changes a crime (perjury) within the meaning of the relevant constitutional provisions.

TECHNICAL

Multiple instances of 'pursuant to this article' changed to 'under this article' and 'pursuant to under Section 5346' simplified to 'pursuant to Section 5346' throughout Section 5348, representing the originally intended technical cleanup.

Floor votes

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Full legislative history

Actions timeline

Total actions

Key actions

Committee

Amendments

Apr 13, 2026

Lower · Passed

In committee: Set, first hearing. Hearing canceled at the request of author.

lower

Apr 6, 2026

Lower · Passed

In committee: Hearing postponed by committee.

lower

Mar 25, 2026

Committee

Re-referred to Com. on HEALTH.

lower

Mar 24, 2026

Introduced

From committee chair, with author's amendments: Amend, and re-refer to Com. on HEALTH. Read second time and amended.

lower

Mar 17, 2026

Committee

Re-referred to Com. on HEALTH.

lower

Mar 16, 2026

Introduced

From committee chair, with author's amendments: Amend, and re-refer to Com. on HEALTH. Read second time and amended.

lower

Mar 16, 2026

Committee

Referred to Coms. on HEALTH and JUD.

lower

Feb 3, 2026

Lower · Passed

From printer. May be heard in committee March 5.

lower

1 primary · 0 co-sponsors