Criminal Justice (Courts)

The bill prohibits law enforcement and other government entities from purchasing, or otherwise obtaining for anything of value, certain personal data from third parties. Law enforcement agencies and other government entities are also prohibited from sharing individuals' personal data between themselves.Exceptions are created for obtaining personal data, including after obtaining a judicial warrant, subpoena, or court order, when an individual consents to sharing their data and, in the case of an emergency, involving a threat to a person's life or physical safety.The bill creates a private cause of action for an individual who has their personal data obtained or shared in violation of the prohibitions in the bill. Personal data obtained or shared is excluded from trial and other court proceedings, subject to certain exceptions.(Note: This summary applies to this bill as introduced.)

Current law requires the defense to furnish a copy of any report of examination of the defendant that is made at the instance of the defense to the prosecution in a reasonable amount of time in advance of trial. The act requires a copy of the report to also be furnished to the court who, upon receipt of the copy, shall provide a copy to the department of human services.     The act authorizes community placement of a defendant for treatment and rehabilitation.     For a defendant who was charged with a crime allegedly committed on or after July 1, 2026, the act clarifies the legal standard for a defendant's conditional or unconditional release from the department. The standard for unconditional release is that the defendant has no abnormal mental condition that would be likely to cause the defendant to be dangerous to the defendant's self or others or to the community in the reasonably foreseeable future, is capable of distinguishing right from wrong, and has substantial capacity to conform their conduct to the law. The standard for conditional release is that the defendant can satisfy the standard for unconditional release but with the imposition of and compliance with conditions. At an unconditional release hearing for a defendant who is on conditional release, if any evidence is introduced that shows the defendant is ineligible for unconditional release, the defendant has the burden of proving that the defendant meets the applicable test for unconditional release.(Note: This summary applies to this bill as enacted.)

The act adds a co-responder who is part of a co-responder community response to the list of community members who may petition the court for an extreme risk protection order. Health-care facilities, behavioral health treatment facilities, school districts, the state charter school institute, K-12 charter schools, private schools, and institutions of higher education are established as institutional petitioners that may petition a court for an extreme risk protection order.(Note: This summary applies to this bill as enacted.)

Under current law, a person may be arrested and detained for level 1 drug misdemeanor possession.     The act requires that when a colorimetric field drug test was used to test for the presence of a controlled substance and a person is solely suspected of a level 1 drug misdemeanor for possession or solely suspected of a municipal drug possession charge, a peace officer shall not arrest the person and instead shall issue a summons.     The act also requires that when a colorimetric field drug test was used, before accepting a plea from a person charged with a drug possession for level 4 drug felony possession and lower, the trial court is required to issue an advisement with specified language, including language stating that colorimetric field drug tests have known error rates and that the defendant has the right to enter a not guilty plea and to request drug testing from an accredited forensic laboratory.(Note: This summary applies to this bill as enacted.)

The act requires the department of health care policy and financing and the behavioral health administration to publish on each department's website an easily accessible list of secure transportation providers that have contracts with managed care entities and behavioral health administrative services organizations, as applicable.(Note: This summary applies to this bill as enacted.)