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AB-2631 • 2026

Criminal procedure: prohibited violations.

Criminal procedure: prohibited violations.

Passed Legislature

This bill passed both chambers and reached final enrollment, even if later executive action is not shown here.

Sponsor
Bauer-Kahan
Last action
2026-04-15
Official status
From committee: Do pass and re-refer to Com. on APPR. (Ayes 7. Noes 1.) (April 14). Re-referred to Com. on APPR.
Effective date
Not listed

Plain English Breakdown

The exact impact on federal court orders is not fully explained in the summary.

Criminal Procedure: Prohibited Violations

This law adds participation in lawful protests and criticizing the government to the list of activities protected by the First Amendment that are considered prohibited violations, limiting court orders and corporate record production related to these activities.

What This Bill Does

  • Includes participation in a lawful protest and criticizing the government within the definition of 'prohibited violation'.
  • Expands the prohibition on producing records by California corporations when those records relate to investigations into or enforcement of prohibited violations, now including federal court orders.

Who It Names or Affects

  • Courts that issue orders and warrants in criminal investigations
  • Corporations based in California

Terms To Know

Prohibited Violation
An activity or behavior protected by the First Amendment, such as participating in a lawful protest or criticizing the government.

Limits and Unknowns

  • The bill does not specify what happens if corporations do provide records to out-of-state courts.
  • It's unclear how this law will be enforced and what penalties might apply.

Bill History

  1. 2026-04-15 California Legislative Information

    From committee: Do pass and re-refer to Com. on APPR. (Ayes 7. Noes 1.) (April 14). Re-referred to Com. on APPR.

  2. 2026-04-15 California Legislative Information

    Coauthors revised.

  3. 2026-04-07 California Legislative Information

    Re-referred to Com. on PUB. S.

  4. 2026-04-06 California Legislative Information

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

  5. 2026-03-23 California Legislative Information

    Re-referred to Com. on PUB. S.

  6. 2026-03-19 California Legislative Information

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

  7. 2026-03-19 California Legislative Information

    Referred to Com. on PUB. S.

  8. 2026-02-21 California Legislative Information

    From printer. May be heard in committee March 23.

  9. 2026-02-20 California Legislative Information

    Read first time. To print.

Official Summary Text

AB 2631, as amended, Bauer-Kahan.
Criminal procedure: prohibited violations.
Existing law authorizes a court to issue various orders relating to criminal investigations, including the interception of wire or electronic communications, the installation and use of a pen register or trap and trace device, or a search warrant upon specified grounds. Existing law prohibits the issuance of any orders or warrants for the purpose of investigating or recovering evidence of a prohibited violation, as defined. Existing law requires an out-of-state warrant for specified records to include an attestation that the evidence sought is not related to an investigation into, or enforcement of, a prohibited violation. Existing law prohibits the production of records by a California corporation when the corporation knows or should know that the out-of-state warrant relates to an investigation into, or enforcement of, a prohibited violation.
This bill would include
participation in a lawful protest and criticizing the government
exercising any rights protected by the First Amendment to the United States Constitution
within the definition of “prohibited violation.” The bill would expand the prohibition on the production of records relating to investigation into, or enforcement of, prohibited violations to federal court orders.

Current Bill Text

Read the full stored bill text
Download Bill PDF