(1) Existing law prohibits the false impersonation of another person in either their personal or official capacity with the intent to steal or defraud, as specified. This bill would define various terms related to artificial intelligence and digital replication, and would clarify that false impersonation includes the use of a digital replica with the intent to impersonate another for purposes of these and other criminal provisions. (2) Existing law creates a civil cause of action against any person who knowingly uses the name, voice, signature, photograph, or likeness of another person, without their consent, for specified purposes. When a photograph or likeness of an employee of the person using the photograph or likeness appearing in an advertisement or other publication is incidental and not essential to the purpose of the publication, existing law establishes a rebuttable presumption affecting the burden of producing evidence that failure to obtain the consent of an employee was not a knowing use of an employee's photograph or likeness. This bill would clarify that, for purposes of this cause of action, a voice or likeness includes a digital replica, as defined. The bill would also remove the provisions establishing the rebuttable presumption when an employee's likeness or photograph appears in an advertisement or other publication. (3) Existing law governs the admissibility of evidence in court proceedings. Existing law prescribes procedures for the authentication of photographs and audio and video recordings. This bill would require the Judicial Council, by no later than January 1, 2027, to review the impact of artificial intelligence on the admissibility of proffered evidence in court proceedings and develop any necessary rules of court to assist courts in assessing claims that proffered evidence has been generated by or manipulated by artificial intelligence and determining whether such evidence is admissible. (4) Existing law, the Unfair Competition Law, establishes a statutory cause of action for unfair competition, including any unlawful, unfair, or fraudulent business act or practice and unfair, deceptive, untrue, or misleading advertising, and establishes remedies and penalties in that regard, including civil penalties. This bill would require, by December 1, 2026, and except as provided, any person or entity that makes available to consumers any artificial intelligence technology that enables a user to create a digital replica, as defined, to provide a consumer warning that unlawful use of the technology to depict another person without prior consent may result in civil or criminal liability for the user. The bill would require the warning to be hyperlinked on any page or screen where the consumer may input a prompt to the technology and included in the terms and conditions for use of the technology. The bill would also impose a civil penalty for violations of the requirement. This bill would incorporate additional changes to Section 3344 of the Civil Code proposed by SB 683 to be operative only if this bill and SB 683 are enacted and this bill is enacted last.
Existing law requires the Department of Technology to conduct, in coordination with other interagency bodies as it deems appropriate, a comprehensive inventory of all high-risk automated decision systems (ADS) that have been proposed for use, development, or procurement by, or are being used, developed, or procured by, any state agency. Existing law establishes the Labor and Workforce Development Agency, which is composed of various departments responsible for protecting and promoting the rights and interests of workers in California, including the Division of Labor Standards Enforcement, led by the Labor Commissioner, within the Department of Industrial Relations. This bill would require an employer to provide a written notice that an ADS, for the purpose of making employment-related decisions, not including hiring, is in use at the workplace to all workers that will foreseeably be directly affected by the ADS, as specified. The bill would require the employer to maintain an updated list of all ADS currently in use. The bill would require an employer to notify, as provided, a job applicant that the employer utilizes an ADS when making hiring decisions, if the employer will use the ADS in making decisions for that position. The bill would prohibit an employer from using an ADS that does certain functions and would limit the purposes and manner in which an ADS may be used to make decisions. The bill would authorize a worker to request, and require an employer to provide, a copy of the most recent 12 months of the worker's own data primarily used by an ADS to make a discipline, termination, or deactivation decision, as specified. The bill would require an employer that primarily relied on an ADS to make a discipline, termination, or deactivation decision to provide the affected worker with a written notice, as specified. This bill would prohibit an employer from discharging, threatening to discharge, demoting, suspending, or in any manner discriminating or retaliating against any worker for taking certain actions asserting their rights under the bill. The bill would require the Labor Commissioner to enforce the bill's provisions, as specified, and would authorize a public prosecutor to bring a civil action. The bill would set forth specified types of relief that a plaintiff may seek and specified penalties that an employer that violates these provisions is subject to, including a $500 civil penalty. The bill would also provide that an employer who complies with the requirements related to notice in this bill is not required to comply with any substantially similar provisions under any other state law, except as specified. The bill would not apply to parties covered by a valid collective bargaining agreement if the agreement contains specified information, including an explicit waiver of the bill's provisions. The bill would declare that its provisions do not prohibit any employer from complying with regulatory or contractual requirements in the provision of products or services to the federal government, as defined. This bill would declare that its provisions are severable.
Existing law generally regulates social media platforms, including by requiring a social media company to post terms of service for each social media platform owned or operated by the company in a manner reasonably designed to inform all users of the social media platform of the existence and contents of the terms of service, as prescribed. Existing law generally prohibits a person from using violence or intimidation to interfere with another person's enjoyment of certain rights or because of certain attributes of that person, including the person's political affiliation, race, or sexual orientation, and punishes violations of that law with certain civil penalties or as misdemeanors, as prescribed. This bill would make a social media platform, as defined, that violates the above-referenced provisions of law relating to personal rights through its algorithms that relay content to users or aids, abets, acts in concert, or conspires in violation of those laws, or is a joint tortfeasor in an action alleging a violation of those laws, liable for specified civil penalties. The bill would declare its provisions to be severable and would declare attempted waiver of its provisions to be void and unenforceable. This bill would become operative on January 1, 2027.
Existing law requires the governing board of a school district, a county board of education, or the governing body of a charter school, by July 1, 2026, to develop and adopt, and update every 5 years, a policy to limit or prohibit the use by its pupils of smartphones while the pupils are at a schoolsite or while the pupils are under the supervision and control of an employee or employees of that school district, county office of education, or charter school, as provided. This bill would expressly authorize the above-described policy to limit or prohibit the use of smartphones to include, but not be limited to, a scheduled-based restriction policy, as defined, or a full-day restriction policy, as defined.
Existing law establishes, under the Medi-Cal program, certain time and distance standards for specified Medi-Cal managed care covered services, consistent with federal regulations relating to network adequacy standards, to ensure that those services, including certain specialty care, are available and accessible to enrollees of Medi-Cal managed care plans in a timely manner. Existing law sets forth other timely access requirements for health care service plans and health insurers, including with regard to referrals to a specialist. Existing law establishes various health professions development programs, within the Department of Health Care Access and Information, for the promotion of education, training, and recruitment of health professionals to address workforce shortage and distribution needs. Existing law sets forth various provisions for the authorized use of telehealth in the delivery of health care services. This bill would, subject to an appropriation, require the California Health and Human Services Agency, in collaboration with the Department of Health Care Access and Information and the State Department of Health Care Services, to establish a demonstration project for a grant program. Under the bill, the grant program would be aimed at facilitating a telehealth and other virtual services specialty care network or networks that are designed to serve patients of safety-net providers consisting of qualifying providers, as defined. Under the bill, the purpose of the demonstration project would be to improve access to specialty care for Medi-Cal beneficiaries through development of a financially sustainable specialty care network or networks that are focused on serving the needs of the health care safety net. The bill would authorize the focus of the project to include increasing access to behavioral and maternal health services and additional specialties prioritized by the agency. The bill would state the intent of the Legislature that implementation of the demonstration project would facilitate compliance with any applicable network adequacy standards. The bill would require the agency to administer the grant program to award grant funds to one or more grantees based on an application process and by meeting specified conditions. The bill would require a grantee to use the funds to develop a network or networks by, among other things, providing health information technology and technical assistance to support both the specialists and any primary care provider care coordination, referral, or electronic consultations. The bill would require the agency to arrange an independent evaluation of the demonstration project. The bill would require the evaluation to examine the extent to which the project was successful in achieving certain objectives, including, among others, reducing structural barriers to access experienced by patients. The bill would require a grantee to report data and information to allow for monitoring and evaluation of the project. The bill would require the agency to ensure that lessons learned, recommendations, and best practices from the project are publicly disseminated to inform the development of a telehealth and specialty care network or networks to serve the needs of the health care safety net.
Existing law requires school districts, county superintendents of schools, and charter schools to adopt and update a local control and accountability plan (LCAP) using a template adopted by the State Board of Education that requires an LCAP to include certain information, including, among other information, (1) a description of the annual goals to be achieved for specified state priorities, including, among others, pupil achievement and pupil outcomes, (2) a description of the specific actions that the local educational agency will take during each year of the LCAP to achieve these goals, and (3) an assessment of the effectiveness of the specific actions described in the existing LCAP toward achieving the goals, as provided. This bill would, among other things, require the State Department of Education, in consultation with the state board and the California Collaborative for Educational Excellence, on or before December 31, 2026, to prepare, and update at least once every 2 years, a compilation of best practices to harness the power of technology to support pupil academic success and accelerate pupil academic achievement for school districts, county offices of education, and charter schools that receive specified federal funding, including a model policy for incorporation of those best practices into their LCAPs. The bill would require the department, in collaboration with the California Collaborative for Educational Excellence, to conduct at least 3 informational webinars in 2027 for those local educational agencies to understand how to incorporate the best practices and model policy into their LCAPs. The bill would require the department to establish a School Technology Empowerment Advisory Committee that includes at least one school board member, administrator, teacher, and representative from the California Collaborative for Educational Excellence, and multiple individuals or organizations that represent the interests of supporting the use of technology in public schools, with experience regarding the effective use of technology in accelerating pupil academic performance, as provided. The bill would require the advisory committee to share with the Superintendent of Public Instruction, and advise the Superintendent on, best practices to harness the power of technology to support pupil academic success and accelerate pupil academic achievement for local educational agencies. The bill would also require the advisory committee, on or before December 31, 2028, and annually thereafter, to prepare an annual report on the progress in harnessing the power of technology to accelerate pupil academic achievement and to submit the report to the department and the state board.
Existing law requires that each death be registered with the local registrar of births and deaths in the district in which the death was officially pronounced or the body was found. Existing law designates persons responsible for completing a certificate of death and the required contents of the certificate. Existing law requires the State Department of Public Health to implement an internet-based electronic death registration system for the creation, storage, and transfer of death registration information. Existing law authorizes the State Registrar to incorporate computer or telephone facsimile technology, or both, in the statewide program of death registration. This bill would require the State Registrar to use updated technology, including computer and mobile telephone applications, to upgrade the system. The bill would also require that specified individuals, including a physician, medical examiner, and local registrar, have the ability to access the electronic death registration system in addition to the individuals currently responsible for completing a certificate of death.
The California AI Transparency Act requires a person that creates, codes, or otherwise produces a generative artificial intelligence system that has over 1,000,000 monthly visitors or users and is publicly accessible within the geographic boundaries of the state to make available an AI detection tool at no cost to the user that, among other things, allows a user to assess whether image, video, or audio content, or content that is any combination thereof, was created or altered by the covered provider's generative artificial intelligence system. The California Consumer Privacy Act of 2018 prohibits certain businesses from selling or sharing the personal information of consumers if the business has actual knowledge that the consumer is less than 16 years of age, unless the consumer, if the consumer is at least 13 years of age and less than 16 years of age, or the consumer's parent or guardian, if the consumer is less than 13 years of age, has affirmatively authorized the sale or sharing of the consumer's personal information. This bill, the Leading Ethical AI Development (LEAD) for Kids Act, would, among other things related to the use of certain artificial intelligence systems by children, prohibit a person, partnership, corporation, business entity, or state or local government agency that makes a companion chatbot available to users from making a companion chatbot available to a child unless the companion chatbot is not foreseeably capable of doing certain things that could harm a child, including encouraging the child to engage in self-harm, suicidal ideation, violence, consumption of drugs or alcohol, or disordered eating. The act would authorize the Attorney General to recover a certain civil penalty for a violation of the bill, as prescribed. The act would authorize a child who suffers actual harm as a result of a violation of the bill, or a parent or guardian acting on behalf of that child, to bring a civil action to recover, among other relief, actual damages. This bill would provide that its provisions are severable.
Existing law generally provides protections for minors on the internet, including the California Age-Appropriate Design Code Act that, among other things, requires a business that provides an online service, product, or feature likely to be accessed by children to do certain things, including estimate the age of child users with a reasonable level of certainty appropriate to the risks that arise from the data management practices of the business or apply the privacy and data protections afforded to children to all consumers and prohibits an online service, product, or feature from, among other things, using dark patterns to lead or encourage children to provide personal information beyond what is reasonably expected to provide that online service, product, or feature or to forego privacy protections. This bill, beginning January 1, 2027, would require, among other things related to age verification with respect to software applications, an operating system provider, as defined, to provide an accessible interface at account setup that requires an account holder, as defined, to indicate the birth date, age, or both, of the user of that device for the purpose of providing a signal regarding the user's age bracket to applications available in a covered application store and to provide a developer, as defined, who has requested a signal with respect to a particular user with a digital signal via a reasonably consistent real-time application programming interface regarding whether a user is in any of several age brackets, as prescribed. The bill would require a developer to request a signal with respect to a particular user from an operating system provider or a covered application store when the application is downloaded and launched. This bill would prohibit an operating system provider or a covered application store from using data collected from a third party in an anticompetitive manner, as specified. This bill would punish noncompliance with a civil penalty to be enforced by the Attorney General, as prescribed. This bill would declare its provisions to be severable.
Existing law authorizes a court to issue a restraining order to a person to prevent abuse, as specified, based on reasonable proof of a past act or acts of abuse. Existing law authorizes the order to be issued solely on the affidavit or testimony of the person requesting the restraining order. Existing law requires a manufacturer of a connected device to equip the device with a reasonable security feature or features that are appropriate to the nature and function of the device, appropriate to the information it may collect, contain, or transmit, and designed to protect the device and information contained in the device from unauthorized access, destruction, use, modification, or disclosure. This bill would authorize a survivor, as defined, or a designated representative of a survivor, to submit a device protection request to an account manager, as defined, seeking to terminate a perpetrator's access to a connected device or associated user account. The bill would define "survivor" for these purposes to mean an individual who has had specified criminal acts committed or allegedly committed against them or who cares for another individual against whom those criminal acts have been committed or allegedly committed, as provided. The bill would require an account manager, within 2 business days of receiving a complete device protection request, to terminate or disable the perpetrator's access to the connected device or user account, or to inform the survivor, in a clear and conspicuous manner, of any methods to reset the device to factory settings or a similar state that removes all account holders, as provided. The bill would specify the requirements for a device protection request and would impose certain requirements on an account manager in processing a request. By providing that a device protection request may include a copy of a signed affidavit, the bill would expand the crime of perjury, and thus impose a state-mandated local program. This bill would require the account manager to clearly describe the process to submit a device protection request on their internet website or mobile application and would prohibit the account manager from providing specified information to the perpetrator. The bill would require an account manager and any officer, director, employee, vendor, or agent thereof to treat any information submitted by a survivor or a designated representative of a survivor as confidential and securely dispose of the information, as provided. This bill would authorize enforcement of these provisions by injunction or civil penalty in any court action by any person injured by a violation of those provisions, the Attorney General, a district attorney, county counsel, a city attorney, or a city prosecutor, against an account manager or perpetrator, as provided. The bill would prohibit a waiver of these prohibitions and would declare that these provisions are severable. Existing law authorizes a court to issue an ex parte order for, among other things, disturbing the peace of the other party. Existing law provides that disturbing the peace of the other party may be committed directly or indirectly, including through the use of a third party, and by any method or through any means including, but not limited to, telephone, online accounts, text messages, internet-connected devices, or other electronic technologies. This bill would provide that, for purposes of those provisions, an internet-connected device includes a connected device as described in the bill. 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.
