Back to California

AB-2631 • 2026

Criminal procedure: prohibited violations.

Criminal procedure: prohibited violations.

Active

The official status still shows this bill as active or still awaiting another formal step.

Sponsor
Bauer-Kahan
Last action
Official status
Senate - Appropriations
Effective date
Not listed

Plain English Breakdown

The official status indicates the bill passed both chambers and reached final enrollment, but no effective date was provided in the source material.

AB-2631: Expanding Protections for Protests and First Amendment Rights

This law updates the definition of 'prohibited violation' to include lawful protests, criticizing the government, and exercising First Amendment rights, which stops courts from issuing orders or warrants specifically to investigate these activities.

What This Bill Does

  • Adds participation in a lawful protest to the list of actions defined as prohibited violations that cannot be investigated under this rule.
  • Includes criticizing the government as an action protected within the definition of 'prohibited violation'.
  • Expands protection to cover any rights guaranteed by the First Amendment of the U.S. Constitution.
  • Stops courts from issuing orders or warrants specifically for the purpose of investigating these newly defined prohibited violations.
  • Requires California corporations to refuse records if they know a federal court order seeks information related to an investigation into these prohibited violations.

Who It Names or Affects

  • Courts that issue search warrants, wiretap orders, or other investigation tools.
  • California corporations holding electronic communication records.
  • People who participate in lawful protests, criticize the government, or exercise First Amendment rights.
  • Federal courts seeking to obtain records from California companies.

Terms To Know

Prohibited violation
An action defined by law that cannot be the target of specific court orders, warrants, or investigations under this bill.
First Amendment rights
Rights protected by the U.S. Constitution, such as freedom of speech and assembly, which are now included in the definition of prohibited violations.

Limits and Unknowns

  • The official material does not state a specific date when this law will take effect.
  • The source text defines what is protected but does not explain how courts should handle cases where an investigation mixes these protected activities with other crimes.

Bill History

  1. California Legislative Information

    Senate - Appropriations

Official Summary Text

Criminal procedure: prohibited violations.