CITY OF
/111
AGENDA REPORT
Item No.
DATE: August 25, 2025
TO: Honorable Mayor and City Council
FROM: Jennifer Crawford, Interim City Manager J1
SUBJECT: Oppose AB 1333 and AB 495; Support AB 426, AB 468, SB 571, SB 701 RECOMMENDATION:
That the City Council oppose AB 1333 and AB 495, and support AB 426, AB 468, SB 571, SB 701, and authorize the Mayor to issue a letter and take other actions that may be necessary to represent the City Council's position.
BACKGROUND/DISCUSSION:
In early 2025, lawmakers introduced AB 1333, AB 495, AB 426, AB 468, SB 571, and SB 701, each addressing different aspects of public safety. These bills are advancing through the Legislature, with final committee deadlines approaching on August 29t.
At the August 11, 2025, Regular City Council meeting, Mayor Thorp directed staff to research AB 1333 and AB 495 and return to Council with letters of opposition. With the final committee deadline quickly approaching, staff prepared letters of support for the additional public safety related bills for Council's review and consideration.
AB 1333 (Zbur): Changes to Self -Defense Laws
AB 1333 seeks to limit justifiable homicide to cases of imminent harm, removing long-standing protections for defending property, responding to riots, or stopping fleeing felons. It also imposes a duty to retreat when outside the home, while preserving the "castle doctrine" for defense inside one's residence.
Proponents cite concerns over vigilante violence and high -profile cases where self-defense claims shielded aggressors. Opponents, including the state sheriffs' association, warn the bill weakens residents' ability to protect themselves, increases court caseloads, and emboldens criminals. The bill stalled earlier this year but remains eligible for revival in 2026.
AB 495 (Rodriguez): Family Preparedness Plan Act of 2025 AB 495 allows immigrant parents to designate nonrelative caregivers through affidavits for school and medical decisions and restricts schools and daycares from requesting immigration status unless legally required.
Supporters argue it protects children from trauma during deportations or detentions. Opponents raise concerns about the lack of background checks on designated caregivers, the risk of coercion or forgery, and the potential for abuse in a state already struggling with high rates of trafficking.
AB 426 (Dixon): Drones Impeding Emergency Response
AB 426 authorizes civil penalties of up to $75,000 for drone operators who interfere with emergency responders, with exemptions for FAA -authorized users. This measure addresses growing safety risks posed by drones during wildfires, rescues, and other emergencies.
AB 468 (Gabriel): Looting and Impersonation During Disasters and SB 571 (Archuleta):
Expanded Emergency Crime Penalties
AB 468 and SB 571 are companion bills that expand penalties for crimes committed during and after disasters. Both measures were introduced in response to recent wildfires and other emergencies where criminals exploited vulnerable communities through looting, impersonation, and fraud. Together, the bills aim to close loopholes in existing law, strengthen deterrence, and give law enforcement clearer authority during recovery periods. Passage of one bill is tied to the passage of the other to ensure the Penal Code remains consistent.
AB 468 focuses on evacuation and recovery zones. It increases penalties for burglary and theft in areas under evacuation orders, warnings, or reconstruction —up to four years after a disaster. It also creates new penalties for impersonating emergency responders, either in person or online, to deceive residents during crises. This bill addresses crimes that occur in the immediate aftermath of an evacuation, where victims are often forced to leave property behind and cannot verify who is authorized to be in the area.
SB 571 complements AB 468 by broadening and standardizing the definition of disaster -related crimes. It extends looting penalties for up to 180 days after a declared emergency ends, eliminates certain judicial discretion for probation violations involving looting, and criminalizes impersonation of emergency personnel in both physical and digital spaces. It also strengthens burglary statutes by treating damaged structures as "inhabited" for purposes of prosecution, ensuring offenders cannot exploit technicalities to reduce their charges.
Together, AB 468 and SB 571 give prosecutors stronger tools to hold bad actors accountable before, during, and after disasters. By tying their passage, lawmakers ensure that criminal statutes remain uniform and avoid creating overlapping or conflicting standards. While some opponents warn of "overcriminalization," supporters argue these measures are critical to protect evacuated residents, deter predatory behavior, and safeguard communities struggling to recover from catastrophic events.
SB 701(Wahab): Criminalizing Signal Jammers
SB 701 establishes state -level penalties for the manufacture, sale, purchase, or use of signal jammers — devices that block wireless or radio communications. While these devices are already prohibited under federal law, enforcement is limited to the Federal Communications Commission, which rarely addresses local or small-scale incidents. This bill fills that gap by giving state and local agencies the authority to seize jammers and prosecute offenders.
Criminals increasingly use jammers to disable alarms, GPS tracking, and cell phone communications during burglaries, robberies, and vehicle thefts. These disruptions prevent victims from calling for help, compromise property protections, and put first responders at risk by interfering with radio traffic during emergencies. By creating state penalties, SB 701 deters the use of these devices and empowers local enforcement.
The bill scales penalties to match the severity of the offense. First-time violations result in infractions and fines, while repeat offenses rise to misdemeanors with possible jail time. Using a jammer during another crime triggers additional charges, and blocking emergency communications that cause injury or death can result in felony penalties. Exemptions remain for law enforcement and federally approved uses. SB 701 enhances public safety by closing a dangerous loophole and protecting critical communication systems.
FISCAL IMPACT:
The recommendation does not result in a fiscal impact.
Attachment(s):
1. AB 1333 current bill language
2. AB 1333 draft opposition letter
3. AB 495 current bill language
4. AB 495 draft opposition letter
5. AB 426 current bill language
6. AB 426 draft support letter
7. AB 468 current bill language
8. SB 571 current bill language
9. AB 468 and SB 571 draft support letter
10. SB 701 current bill language
11. SB 701 draft support letter
ATTACHMENT 1
AMENDED IN ASSEMBLY MARCH 13, 2025
CALIFORNIA LEGISLATURE-2025-26 REGULAR SESSION
ASSEMBLY BILL No. 1333
Introduced by Assembly Member Zbur
February 21, 2025
An act to amend Section 197 of the Penal Code, relating to crimes.
LEGISLATIVE COUNSEL'S DIGEST
AB 1333, as amended, Zbur. Crimes: homicide.
Existing law defines homicide as the unlawful killing of a human being, or a fetus, with or without malice aforethought, as specified.
Existing law establishes certain circumstances in which homicide is justifiable, as specified.
Existing law makes homicide justifiable when attempting to lawfully suppress a riot or to keep the peace, as specified.
This bill would eliminate that provision. The bill would also specify certain circumstances in which homicide is not justifiable, including when a person was outside their habitation or property and did not retreat when they could have safely done so, when a person used more force than a reasonable person would to defend against a danger, and when the person was the initial aggressor. However, the bill would speck that homicide is justfable if the initial aggressor actually and in good faith tried to stop fighting and indicated they wanted to and 98 AB 1333 —2—
tried to stop fighting, as specified, or, in cases of mutual combat, the initial aggressor gave the opponent an opportunity to stop fighting.
By expanding the scope of the crime of homicide, this bill would create a state -mandated local program.
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.
Vote: majority. Appropriation: no. Fiscal committee: yes.
State -mandated local program: yes.
The people of the State of California do enact as follows:
1 SECTION 1. Section 197 of the Penal Code is amended to 2 read:
3 197. (a) Homicide is also justifiable when committed by any 4 person ink any of the following cases:
5 (1) When resisting any attempt to murder any -person -or person, 6 to commit a felony, or to do some great bodily injury upon any 7 person.
8 (2) When committed in defense of -a habitation, property, or a 9 person, against one who manifestly intends or cndeavers endeavors, 10 by violence or surprise, to commit a felony, or against one who 11 manifestly intends and endeavors, in a violent, riotous, or 12 tumultuous manner, to enter the habitation of another for the 13 purpose of offering violence to any person therein.
14 (3) When committed in the lawful defense of such person, or 15 of a spouse, parent, child, master, mistress, or servant of such 16 person, when there is reasonable ground to apprehend a design to 17 commit a felony or to do some great bodily injury, and imminent 18 danger of such design being accomplished.
19 (b) Homicide is not justifiable when committed by a person in 20 all of the following cases:
21 (1) When the person was outside of their ---�z habitation 22 or property and knew that using force likely to cause death or great 23 bodily injury could have been avoided with complete safety by 24 retreating.
25 (2) When the person used more fort
26 to defend against an imminent
98 — 3 — AB 1333
1 danger of being killed or suffering great bodily injury than a 2 reasonable person would believe is necessary in the same situation. 3 (3) ,
4 ,
5 6 When
7 the person was the initial aggressor, except if either of the 8 following apply:
9 (A)
10 ,
11 12 The initial aggressor
13 actually and in good faith tried to stop fighting and indicated to 14 the opponent, by word or by conduct and in a way that a 15 reasonable person would understand, that the initial aggressor 16 wanted to stop fighting and had stopped fighting.
17 (B) ,
18 19
20 ,
21 __tinu a o_ ____. c the use _ f f _c. In cases of mutual combat, 22 the initial aggressor gave the opponent an opportunity to stop 23 fighting.
24 (c) Nothing in this section shall alter the presumption set forth 25 in Section 198.5 in favor of one who uses deadly force against an 26 intruder within their residence.
27 SEC. 2. No reimbursement is required by this act pursuant to 28 Section 6 of Article XIII B of the California Constitution because 29 the only costs that may be incurred by a local agency or school 30 district will be incurred because this act creates a new crime or 31 infraction, eliminates a crime or infraction, or changes the penalty 32 for a crime or infraction, within the meaning of Section 17556 of 33 the Government Code, or changes the definition of a crime within 34 the meaning of Section 6 of Article XIII B of the California 35 Constitution.
0 98
ATTACHMENT 2
August 26, 2025
The Honorable Rick Chavez Zbur
California State Assembly
1021 0 St, Suite 6140
Sacramento, CA 95814
RE: Oppose AB 1333 (Zbur) Changes to Self -Defense Laws Dear Assemblymember Zbur,
On behalf of the City of Yucaipa, I am writing to oppose AB 1333, which would significantly narrow the circumstances under which homicide is considered justifiable under California law.
While we respect the intent to reduce unnecessary loss of life, we believe the bill as drafted will have serious unintended consequences that endanger public safety and undermine both residents' and peace officers' ability to defend themselves and others in life -threatening situations.
AB 1333 removes long-standing statutory justifications for the use of deadly force, including the defense of habitation and the lawful suppression of riots. These provisions have served as important legal protections, especially for peace officers responding to volatile incidents such as violent riots or armed home invasions. Eliminating them strips away clear legal standards, replacing them with language that could cause hesitation in high -stress situations where every second counts.
The bill's introduction of a formal "duty to retreat" standard outside the home also creates significant practical concerns. In rapidly evolving incidents, requiring individuals to determine whether retreat is "safely possible" before acting could cost lives, particularly for victims of violent crime. This bill also introduces ambiguities that will impair investigations and complicate trials, increasing costs at the expense of safety.
For these reasons, the City of Yucaipa opposes AB 1333 and any future iterations of it.
Sincerely,
Jon Thorp
Mayor
cc. Senator Rosalice Ochoa Bogh
Assemblyman Greg Wallis
Laura Varela, Cal Cities, Regional Public Affairs Manager League of California Cities, [email protected]
City of Yucaipa
34272 Yucaipa Blvd, Yucaipa, CA 92399
909-797-2489
ATTACHMENT 3
AMENDED IN ASSEMBLY APRIL 23, 2025
AMENDED IN ASSEMBLY APRIL 21, 2025
AMENDED IN ASSEMBLY MARCH 24, 2025
CALIFORNIA LEGISLATURE-2025-26 REGULAR SESSION
ASSEMBLY BILL No. 495
Introduced by Assembly Member Celeste Rodriguez
(Coauthors: Assembly Members Connolly, Harabedian, Kalra,Lee, Stefani, and Zbur)
February 10, 2025
An act to amend Section 234.7 of the Education Code, to amend Sections 6550 and 6552 of the Family Code, to add Section 1596.7997 to the Health and Safety Code, and to amend Sections 1502 and 2105 of the Probate Code, relating to immigration.
LEGISLATIVE COUNSEL'S DIGEST
AB 495, as amended, Celeste Rodriguez. Family Preparedness Plan Act of 2025.
(1) Under existing law, a caregiver who is 18 years of age or older and signs a caregiver's authorization affidavit under penalty of perjury for a minor who lives in their home is authorized to enroll the minor in school and consent to school -related medical care on behalf of the minor. Under existing law, a caregiver who is 18 years of age or older, signs the caregiver's authorization affidavit under penalty of perjury, and who is a certain type of relative of the minor who lives in their home, has the same rights to authorize medical care and dental care for the minor that are given to guardians, as specified. Under existing law, a person who acts in good faith reliance on a completed caregiver's authorization affidavit to provide medical or dental care, without actual Corrected 4-28-25, Revised 4-30-25—See last page. 96
AB495 —2—
knowledge of facts contrary to those stated on the affidavit, is not subject to criminal or civil liability or professional disciplinary action for that reliance, but is not relieved from liability for violations of other provisions of law.
This bill, the Family Preparedness Plan Act of 2025, would expand the type of person who is authorized to execute a caregiver's authorization affidavit to include a "nonrelative extended family member," as defined, and grant them the same rights to authorize school -related medical care, as defined, for the minor that are given to guardians, as specified. By expanding who is authorized to sign a caregiver's authorization affidavit for these purposes under penalty of perjury, this bill would expand the crime of perjury, thereby imposing a state -mandated local program.
This bill would amend the statutory form for a caregiver's authorization affidavit.
(2) Existing law generally provides for the establishment and administration of guardianships. Existing law authorizes a court to appoint joint guardians of a person, an estate, or a person and an estate.
Existing law requires a nomination of a guardian to become effective when made, and remain effective, unless stated otherwise in writing, as specified.
This bill would authorize a court, in its discretion, to appoint a custodial parent and a person nominated by the custodial parent as joint guardians of the person of the minor, if the custodial parent will be temporarily unavailable due to specified circumstances, including, among other things, an immigration -related administrative action, as specified. The bill would make all records, petitions, orders, and documents related to these proceedings confidential, as specified.
The bill would provide that absence is a basis for a delayed effectiveness of a guardianship and that such circumstances would not be a basis for subsequent legal incapacity for the nomination. (3) Existing law prohibits, except as required by state or federal law or as required to administer a state or federally supported educational program, school officials and employees of a local educational agency, as defined, from collecting information or documents regarding citizenship or immigration status of pupils or their family members.
Existing law requires the governing board or body of a local educational agency to perform specified actions relating to pupils and immigration status, including, among others, providing information to parents and guardians, as appropriate, regarding their child's right to a free public 96 — 3 — AB 495
education, regardless of immigration status or religious beliefs. Existing law requires the Attorney General, by April 1, 2018, in consultation with the appropriate stakeholders, to publish model policies limiting assistance with immigration enforcement at public schools, to the fullest extent possible consistent with federal and state law, as specified.
Existing law requires all local educational agencies to adopt the model policies developed by the Attorney General, or equivalent policies, by July 1, 2018.
This bill would revise the information disclosure requirements to require the governing board or body of a local educational agency to provide information related to specified guidance on immigration enforcement issued by the Attorney General and would require that information to be revised as necessary to be consistent with any revisions or updates to the Attorney General's guidance. This bill would also require local educational agencies to revise their model policies as necessary to be consistent with any revisions or updates to the model policies developed by the Attorney General, as specified. By imposing additional duties on local educational agencies, the bill would impose a state -mandated local program.
(4) Existing law, the California Child Day Care Facilities Act, provides for the licensure and regulation of child day care facilities, including day care centers and day care homes, by the State Department of Social Services. Under existing law, willful violation of these provisions is punishable as a misdemeanor.
Similar to the provisions related to local educational agencies described above, this bill would prohibit licensed child day care facilities, as defined, and employees of licensed child day care facilities from collecting information or documents regarding citizenship or immigration status of children or their family members, except as required by state or federal law or as required to administer a state or federally supported educational program. The bill would require the owner, operator, or administrator of a licensed child day care facility, as applicable, to report to the department and the Attorney General any requests for information or access to the facility by an officer or employee of a law enforcement agency for the purpose of enforcing the immigration laws in a manner that ensures the confidentiality and privacy of any potentially identifying information. The bill would require a licensed child day care facility to first exhaust any parental instruction relating to the child s care found in the child's emergency contact information if an employee of a licensed child day care facility is aware 96 AB 495 — 4 --
that a child's parent or guardian is not available to care for the child.
The bill would encourage facilities to work with parents or guardians to update their emergency contact information. The bill would require the Attorney General, by April 1, 2026, in consultation with the appropriate stakeholders, to publish model policies limiting assistance with immigration enforcement at child day care facilities similar to the model policies developed for local educational agencies described above. The bill would require all licensed child day care facilities to adopt the model policies developed by the Attorney General, or equivalent policies, as soon as possible, but in no event later than July 1, 2026. The bill would require licensed day care facilities to update these policies to conform with any revisions or updates to the model policies developed by the Attorney General. Upon enrolling or reenrolling any child, the bill would require a licensed child day care facility to provide the parent or guardian with written information relating to the model policies developed by the Attorney General described above, including, but not limited to, information related to family safety plans and the importance of completing and maintaining emergency contact information. The bill would require the provided information to be updated to include any revisions or updates to the model policies issued by the Attorney General. Because a violation of these provisions by a licensed day care facility would constitute a crime, this bill would impose a state -mandated local program. (5) Existing constitutional provisions require a statute that limits the right of access to the meetings of public bodies or the writings of public officials and agencies to be adopted with findings demonstrating the interest protected by the limitation and the need for protecting that interest.
This bill would make legislative findings to that effect. (6) 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 with regard to certain mandates no reimbursement is required by this act for a specified reason.
With regard to any other mandates, this bill would provide that, if the Commission on State Mandates determines that the bill contains costs so mandated by the state, reimbursement for those costs shall be made pursuant to the statutory provisions noted above.
96 — 5 — AB 495
Vote: majority. Appropriation: no. Fiscal committee: yes.
State -mandated local program: yes.
The people of the State of California do enact as follows:
1 SECTION 1. This act shall be known, and may be cited, as the 2 Family Preparedness Plan Act of 2025.
3 SEC. 2. The Legislature finds and declares all of the following:
4 (a) Several federal immigration policies in recent years have 5 contributed to increases in the number of unaccompanied children. 6 Separation of a child from their parent or primary caregiver has 7 known developmental, psychological, and physical impacts. 8 Younger children are especially vulnerable. During these early 9 years, children are developing emotionally and physically, and 10 forming attachments that help with emotional regulation, sense of 11 identity, and psychological safety. Separating parents and 12 caregivers who are key attachment figures during this vulnerable 13 period can have lifelong impacts on children's emotional and 14 physical wellbeing.
15 (b) Stable caregiving arrangements are essential for the health, 16 safety, and emotional well-being of children, particularly in times 17 of crisis. The state recognizes the unique challenges faced by 18 immigrant families due to the federal administration's enhanced 19 deportation actions, which risk widespread family separations and 20 disrupt caregiving stability for children under 18 years of age. 21 (c) Despite existing tools, such as caregiver authorization 22 affidavits and guardianship nominations, families and caregivers 23 face significant uncertainty due to the lack of clarity, consistency, 24 and enforceability of these mechanisms, resulting in schools and 25 service providers refusing to accept them. Temporary and general 26 guardianship options, while available, fail to adequately safeguard 27 the rights of parents —particularly immigrant parents —to remain 28 involved in their child's upbringing during periods of immigration 29 detention or deportation. These gaps in the legal framework 30 exacerbate the emotional trauma experienced by children, disrupt 31 access to education and health care, and hinder the ability of 32 families to respond effectively to crises.
33 (d) To address these challenges, the Legislature seeks to ensure 34 that children facing the risk of family separation due to a parent's 35 immigration status have stable and legally recognized caregiving 96 AB 495 — 6 —
1 arrangements that protect their emotional and physical well-being. 2 The intent of the Legislature is to provide clear and streamlined 3 processes for short-term guardianships that address urgent needs, 4 such as medical care and educational decisionmaking, while 5 upholding the rights of parents. It is also the intent of the 6 Legislature to refine the scope of guardianship nominations by 7 delineating the rights and responsibilities of nominated guardians. 8 Finally, it is the intent of the Legislature to clarify the powers 9 granted under caregiver authorization affidavits to ensure consistent 10 recognition by schools, health care providers, and other agencies 11 to demonstrate continued support for children who reside with a 12 relative or nonrelative extended family member caregiver. 13 (e) By establishing a more coherent legal structure, it is the 14 intent of the Legislature to reduce uncertainty and administrative 15 barriers, enabling families to act swiftly and effectively in times 16 of crisis. Supporting the stability of caregiving arrangements will 17 mitigate the negative impacts on children's mental health, 18 educational outcomes, and overall well-being. These efforts reflect 19 California's commitment to protecting vulnerable families and 20 upholding the fundamental rights of children and parents. 21 SEC. 3. Section 234.7 of the Education Code is amended to 22 read:
23 234.7. (a) Except as required by state or federal law or as 24 required to administer a state or federally supported educational 25 program, school officials and employees of a local educational 26 agency shall not collect information or documents regarding 27 citizenship or immigration status of pupils or their family members. 28 (b) The superintendent of a school district, the superintendent 29 of a county office of education, and the principal of a charter 30 school, as applicable, shall report to the respective governing board 31 or body of the local educational agency in a timely manner any 32 requests for information or access to a schoolsite by an officer or 33 employee of a law enforcement agency for the purpose of enforcing 34 the immigration laws in a manner that ensures the confidentiality 35 and privacy of any potentially identifying information. 36 (c) If an employee of a school is aware that a pupil's parent or 37 guardian is not available to care for the pupil, the school shall first 38 exhaust any parental instruction relating to the pupil's care in the 39 emergency contact information it has for the pupil to arrange for 40 the pupil's care. A school is encouraged to work with parents or 96 — 7 — AB 495
1 guardians to update their emergency contact information and not 2 to contact Child Protective Services to arrange for the pupil's care 3 unless the school is unable to arrange for care through the use of 4 emergency contact information or other information or instructions 5 provided by the parent or guardian.
6 (d) The governing board or body of a local educational agency 7 shall do all of the following:
8 (1) Provide information to parents and guardians, as appropriate, 9 regarding their child's right to a free public education, regardless 10 of immigration status or religious beliefs. This information shall 11 include information relating to "Promoting a Safe and Secure 12 Learning Environment for All: Guidance and Model Policies to 13 Assist California's K-12 Schools in Responding to Immigration 14 Issues" issued by the Attorney General on January 6, 2025, 15 including, but not limited to, information related to plans for family 16 safety and the importance of providing the school with, and 17 regularly updating, emergency contact information, including 18 secondary and additional contact information. The provided 19 information shall be revised as necessary to be consistent with any 20 revisions or updates to the guidance issued by the Attorney 21 General. The information may be provided in the annual 22 notification to parents and guardians pursuant to Section 48980 or 23 any other cost-effective means determined by the local educational 24 agency.
25 (2) Educate pupils about the negative impact of bullying other 26 pupils based on their actual or perceived immigration status or 27 their religious beliefs and customs.
28 (e) This section does not prohibit the governing board or body 29 of a local educational agency from establishing stronger standards 30 and protections.
31 (f) (1) The Attorney General, by April 1, 2018, in consultation 32 with the appropriate stakeholders, shall publish model policies 33 limiting assistance with immigration enforcement at public schools, 34 to the fullest extent possible consistent with federal and state law, 35 and ensuring that public schools remain safe and accessible to all 36 California residents, regardless of immigration status. The Attorney 37 General shall, at a minimum, consider all of the following issues 38 when developing the model policies:
39 (A) Procedures related to requests for access to school grounds 40 for purposes related to immigration enforcement.
96 AB 495 — 8 —
1 (B) Procedures for local educational agency employees to notify 2 the superintendent of the school district or the superintendent's 3 designee, the superintendent of the county office of education or 4 the superintendent's designee, or the principal of the charter school 5 or the principal's designee, as applicable, if an individual requests 6 or gains access to school grounds for purposes related to 7 immigration enforcement.
8 (C) Procedures for responding to requests for personal 9 information about pupils or their family members for purposes of 10 immigration enforcement.
11 (2) Notwithstanding the rulemaking provisions of the 12 Administrative Procedure Act (Chapter 3.5 (commencing with 13 Section 11340) of Part 1 of Division 3 of Title 2 of the Government 14 Code), the Department of Justice may implement, interpret, or 15 make specific this section without taking any regulatory action. 16 (g) All local educational agencies shall adopt the model policies 17 developed pursuant to subdivision (f), or equivalent policies, by 18 July 1, 2018, and revise their model policies as necessary to be 19 consistent with any revisions or updates to the model policies 20 developed by the Attorney General, including "Promoting a Safe 21 and Secure Learning Environment for All: Guidance and Model 22 Policies to Assist California's K-12 Schools in Responding to 23 Immigration Issues" issued by the Attorney General on January 24 6, 2025, including, but not limited to, information related to plans 25 for family safety and the importance of providing the school with, 26 and regularly updating, emergency contact information, including 27 secondary and additional contact information.
28 (h) For purposes of this section, "local educational agency" 29 means a school district, county office of education, or charter 30 school.
31 SEC. 4. Section 6550 of the Family Code is amended to read:
32 6550. (a) A caregiver's authorization affidavit that meets the 33 requirements of this part authorizes a caregiver 18 years of age or 34 older who completes items 1 to 4, inclusive, of the affidavit 35 provided in Section 6552 and signs the affidavit to enroll a minor 36 in school and consent to school -related medical care on behalf of 37 the minor. A caregiver who is a relative or a nonrelative extended 38 family member and who completes items 1 to 8, inclusive, of the 39 affidavit provided in Section 6552 and signs the affidavit shall 40 have the same rights to authorize medical care and dental care for 96 — 9 — AB 495
1 the minor that are given to guardians under Section 2353 of the 2 Probate Code. The medical care authorized by this caregiver who 3 is a relative or a nonrelative extended family member may include 4 mental health treatment subject to the limitations of Section 2356 5 of the Probate Code.
6 (b) The decision of a caregiver to consent to or to refuse medical 7 or dental care for a minor shall be superseded by any contravening 8 decision of the parent or other person having legal custody of the 9 minor, provided the decision of the parent or other person having 10 legal custody of the minor does not jeopardize the life, health, or 11 safety of the minor.
12 (c) A person who acts in good faith reliance on a caregiver's 13 authorization affidavit to provide medical or dental care, without 14 actual knowledge of facts contrary to those stated on the affidavit, 15 is not subject to criminal liability or to civil liability to any person, 16 and is not subject to professional disciplinary action, for that 17 reliance if the applicable portions of the affidavit are completed. 18 This subdivision applies even if medical or dental care is provided 19 to a minor in contravention of the wishes of the parent or other 20 person having legal custody of the minor as long as the person 21 providing the medical or dental care has no actual knowledge of 22 the wishes of the parent or other person having legal custody of 23 the minor.
24 (d) A person who relies on the affidavit has no obligation to 25 make any further inquiry or investigation.
26 (e) Nothing in this section relieves any individual from liability 27 for violations of other provisions of law.
28 (f) If the minor stops living with the caregiver, the caregiver 29 shall notify any school, health care provider, or health care service 30 plan that has been given the affidavit. The affidavit is invalid after 31 the school, health care provider, or health care service plan receives 32 notice that the minor is no longer living with the caregiver. 33 (g) A caregiver's authorization affidavit shall be invalid, unless 34 it substantially contains, in not less than 10-point boldface type or 35 a reasonable equivalent thereof, the warning statements specified 36 in Section 6552. The warning statements shall be enclosed in a 37 box with 3-point type rule lines.
38 (h) For purposes of this part, the following terms have the 39 following meanings:
96 AB 495 —10 —
1 (1) "Person" includes an individual, corporation, partnership, 2 association, the state, or any city, county, city and county, or other 3 public entity or governmental subdivision or agency, or any other 4 legal entity.
5 (2) "Nonrelative extended family member" means any adult 6 caregiver who has an established familial or mentoring relationship 7 with the child or who has an established familial relationship with 8 a relative of the child.
9 (3) "Relative" means an adult who is related to the child by 10 blood, adoption, or affinity within the fifth degree of kinship, 11 including all stepparents, stepsiblings, and all relatives whose 12 status is preceded by the words "great," "great -great," or "grand," 13 or the spouse of any of the persons specified in this definition, 14 even after the marriage has been terminated by death or dissolution. 15 (4) "School -related medical care" means medical care, including 16 immunizations, physical examinations, and medical examinations 17 conducted in schools for pupils, that is required by state or local 18 governmental authority as a condition for school enrollment or 19 participation in local educational agency -related extracurricular 20 activities.
21 SEC. 5. Section 6552 of the Family Code is amended to read:
22 6552. The caregiver's authorization affidavit shall be in 23 substantially the following form:
24 25 Caregiver's Authorization Affidavit
26 27 Use of this affidavit is authorized by Part 1.5 (commencing with 28 Section 6550) of Division 11 of the California Family Code. 29 30 Instructions: Completion of items 1-4 and the signing of the affidavit is 31 sufficient to authorize enrollment of a minor in school and authorize 32 school -related medical care. Completion of items 5-8 is additionally 33 required to authorize any other medical care. Print clearly. 34 35 The minor named below lives in my home and I am 18 years of age or 36 older.
37 38 1. Name of minor:
39 40 2. Minor's birth date:
96 1
2 3
4 5
6 7
8 9
10 11
12 13
14 15
16 17
18 19
20 21
22 23
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3. My name (adult giving authorization):
4. My home address:
5. I am a relative or nonrelative extended family member of the child (see back of this form for a definition of "relative" and "nonrelative extended family member").
6. Check one or both (for example, if one parent was advised and the other cannot be located):
❑ I have advised the parent(s) or other person(s) having legal custody of the minor of my intent to authorize medical care, and have received no objection.
❑ I am unable to contact the parent(s) or other person(s) having legal custody of the minor at this time, to notify them of my intended authorization.
7. My date of birth:
8. My California driver's license or identification card or government -issued consular card
number:
Warning to Caregiver: Do not sign this form if any of the statements above are incorrect, or you will be committing a crime punishable by a fine, imprisonment, or both.
Warning to Local Educational Agencies and Health Care Service Providers:
A parent's signature or a seal or signature from a court is not required. �x,
AB 495
1 2
3 I declare under penalty of perjury under the laws of the State 4 of Califomia that the foregoing is true and correct.
5 Dated: Signed:
6 7
8 Notices:
9 10 1. This declaration does not affect the rights of the minor's parents 11 or legal guardian regarding the care, custody, and control of the 12 minor, and does not mean that the caregiver has legal custody of 13 the minor.
14 15 2. A person who relies on this affidavit has no obligation to make 16 any further inquiry or investigation.
17 18 Additional Information:
19 20 TO CAREGIVERS:
21 22 1. "Relative," for purposes of item 5, means an adult who is 23 related to the child by blood, adoption, or affinity within the fifth 24 degree of kinship, including stepparents, stepsiblings, and all 25 relatives whose status is preceded by the words "great," 26 "great -great," or "grand," or the spouse of any of these persons 27 even if the marriage was terminated by death or dissolution. 28 29 2. "Nonrelative extended family member" for the purposes of 30 item 5, means an adult caregiver who has an established familial 31 relationship with a relative of the child, or a familial or mentoring 32 relationship with the child. Nonrelative extended family members 33 may include, but are not limited to, teachers, medical professionals, 34 clergy, neighbors, and family friends.
35 36 3. The law may require you, if you are not a relative, nonrelative 37 extended family member, or a currently licensed, certified, or 38 approved foster parent, to obtain resource family approval pursuant 39 to Section 1517 of the Health and Safety Code or Section 16519.5 —12-
96 -13 — AB 495
1 of the Welfare and Institutions Code in order to care for a minor. 2 If you have any questions, please contact your local department 3 of social services.
4 5 4. If the minor stops living with you, the affidavit is no longer 6 valid. You are required to notify any school, health care provider, 7 or health care service plan to which you have given this affidavit 8 that the minor is no longer living with you and that, as a result, the 9 affidavit is no longer valid.
10 11 5. If you do not have the information requested in item 8 12 (California driver's license or I.D., or government -issued consular 13 card), provide another form of identification such as your social 14 security number or Medi-Cal number.
15 16 TO SCHOOL OFFICIALS:
17 18 1. Section 48204 of the Education Code provides that this affidavit 19 constitutes a sufficient basis for a determination of residency of 20 the minor, without the requirement of a guardianship or other 21 custody order, unless the school district determines from actual 22 facts that the minor is not living with the caregiver. 23 24 2. The school district may require additional reasonable evidence 25 that the caregiver lives at the address provided in item 4. 26 27 3. A parent's signature or seal or signature of the court is not 28 required.
29 30 TO HEALTH CARE PROVIDERS AND HEALTH CARE
31 SERVICE PLANS:
32 33 1. When signed by a relative or nonrelative extended family 34 member, this affidavit shall confer the same rights to authorize 35 medical care and dental care for the minor that are given to 36 guardians under Section 2353 of the Probate Code. The medical 37 care authorized for a relative or nonrelative extended family 38 member caregiver may include mental health treatment subject to 39 the limitations of Section 2356 of the Probate Code. 96 AB 495 —14 —
1 2. A health care service provider who acts in good faith reliance 2 upon a caregiver's authorization affidavit to provide medical or 3 dental care, without actual knowledge of facts contrary to those 4 stated on the affidavit, is not subject to criminal liability or to civil 5 liability to any person, and is not subject to professional 6 disciplinary action, for that reliance if the applicable portions of 7 the form are completed. A parent's signature or seal or signature 8 of the court is not required.
9 10 3. This affidavit does not confer dependency for health care 11 coverage purposes.
12 SEC. 6. Section 1596.7997 is added to the Health and Safety 13 Code, to read:
14 1596.7997. (a) Except as required by state or federal law or 15 as required to administer a state or federally supported educational 16 program, licensed child day care facilities and employees of 17 licensed child day care facilities shall not collect information or 18 documents regarding citizenship or immigration status of pupils 19 or their family members.
20 (b) The owner, operator, or administrator of a licensed child 21 day care facility, as applicable, shall report to the department and 22 Attorney General any requests for information or access to the 23 facility by an officer or employee of a law enforcement agency for 24 the purpose of enforcing the immigration laws in a manner that 25 ensures the confidentiality and privacy of any potentially 26 identOling information.
27 (c) If an employee of a licensed child day care facility is aware 28 that a child's parent or guardian is not available to care for the 29 child, the facility shall first exhaust any parental instruction 30 relating to the child's care found in the child's emergency contact 31 information. A facility is encouraged to work with parents or 32 guardians to update their emergency contact information. 33 (d) Nothing in this section prohibits a licensed child day care 34 facility from establishing stronger standards and protections. 35 (e) (1) The Attorney General, by April 1, 2026, in consultation 36 with the appropriate stakeholders, shall publish model policies 37 limiting assistance with immigration enforcement at licensed child 38 day care facilities, to the fullest extent possible consistent with 39 federal and state law, and ensuring that day care facilities remain 40 safe and accessible to all California residents, regardless of 96 -15 — AB 495
1 immigration status. The Attorney General shall, at a minimum, 2 consider all of the following issues when developing the model 3 policies:
4 (A) Procedures related to requests for access to facility grounds 5 for purposes related to immigration enforcement.
6 (B) Procedures for day care facility employees to notify the 7 owner, operator, or administrator of the facility, as applicable, if 8 an individual requests or gains access to facility grounds for 9 purposes related to immigration enforcement.
10 (C) Procedures for responding to requests for personal 11 information about children or their family members for purposes 12 of immigration enforcement.
13 (2) Notwithstanding the rulemaking provisions of the 14 Administrative Procedure Act (Chapter 3.5 (commencing with 15 Section 11340) of Part 1 ofDivision 3 of Title 2 of the Government 16 Code), the Department of Justice may implement, interpret, or 17 make specific this section without taking any regulatory action. 18 (1) All licensed child day care facilities shall adopt the model 19 policies developed pursuant to subdivision (e), or equivalent 20 policies, as soon as possible, but in no event later than July 1, 21 2026. Licensed day care facilities shall update these policies to 22 conform with any revisions or updates to the model policies 23 developed by the Attorney General.
24 (g) A licensed day care facility, upon enrolling or reenrolling 25 any child, shall provide the parent or guardian with written 26 information relating to the model policies developed pursuant to 27 subdivision (e), including, but not limited to, information related 28 to family safety plans and the importance of completing and 29 maintaining emergency contact information. The provided 30 information shall be revised as necessary to be consistent with any 31 revisions or updates to the guidance issued by the Attorney 32 General.
33 (h) For purposes of this section, "licensed child day care 34 facility" means a child day care facility, as defined in Section 35 1596.750, that is licensed pursuant to this chapter. 36 SEC. 6.
37 SEC. 7. Section 1502 of the Probate Code is amended to read:
38 1502. (a) A nomination of a guardian under this article may 39 be made in the petition for the appointment of the guardian or at 40 the hearing on the petition or in a writing signed either before or 96 AB 495 —16-
1 after the petition for the appointment of the guardian is filed. The 2 court shall give due weight to the nomination pursuant to Section 3 3043 of the Family Code.
4 (b) The nomination of a guardian under this article is effective 5 when made except that a writing nominating a guardian under this 6 article may provide that the nomination becomes effective only 7 upon the occurrence of such specified condition or conditions as 8 are stated in the writing, including, but not limited to, conditions 9 as to the subsequent absence, legal incapacity, or death of the 10 person making the nomination.
11 (c) Unless the writing making the nomination expressly 12 otherwise provides, a nomination made under this article remains 13 effective notwithstanding the subsequent absence, legal incapacity, 14 or death of the person making the nomination.
15 SEC. 7.
16 SEC. 8. Section 2105 of the Probate Code is amended to read:
17 2105. (a) The court, in its discretion, may appoint for a ward 18 or conservatee:
19 (1) Two or more joint guardians or conservators of the person. 20 (2) Two or more joint guardians or conservators of the estate. 21 (3) Two or more joint guardians or conservators of the person 22 and estate.
23 (b) When joint guardians or conservators are appointed, each 24 shall qualify in the same manner as a sole guardian or conservator. 25 (c) Subject to subdivisions (d) and (e):
26 (1) Where there are two guardians or conservators, both must 27 concur to exercise a power.
28 (2) Where there are more than two guardians or conservators, 29 a majority must concur to exercise a power.
30 (d) If one of the joint guardians or conservators dies or is 31 removed or resigns, the powers and duties continue in the 32 remaining joint guardians or conservators until further appointment 33 is made by the court.
34 (e) Where joint guardians or conservators have been appointed 35 and one or more are (1) absent from the state and unable to act, 36 (2) otherwise unable to act, or (3) legally disqualified from serving, 37 the court may, by order made with or without notice, authorize the 38 remaining joint guardians or conservators to act as to all matters 39 embraced within its order.
96 -17— AB 495
1 (f) If a custodial parent has been diagnosed as having a terminal 2 condition, as evidenced by a declaration executed by a licensed 3 physician, the court, in its discretion, may appoint the custodial 4 parent and a person nominated by the custodial parent as joint 5 guardians of the person of the minor. However, this appointment 6 shall not be made over the objection of a noncustodial parent 7 without a finding that the noncustodial parent's custody would be 8 detrimental to the minor, as provided in Section 3041 of the Family 9 Code. It is the intent of the Legislature in enacting the amendments 10 to this subdivision adopted during the 1995-96 Regular Session 11 for a parent with a terminal condition to be able to make 12 arrangements for the joint care, custody, and control of their minor 13 children so as to minimize the emotional stress of, and disruption 14 for, the minor children whenever the parent is incapacitated or 15 upon the parent's death, and to avoid the need to provide a 16 temporary guardian or place the minor children in foster care, 17 pending appointment of a guardian, as might otherwise be required. 18 "Terminal condition," for purposes of this subdivision, means 19 an incurable and irreversible condition that, without the 20 administration of life -sustaining treatment, will, within reasonable 21 medical judgment, result in death.
22 (g) (1) If a custodial parent will be temporarily unavailable due 23 to specified circumstances, including, but not limited to, a serious 24 medical condition or disability, military service, incarceration, or 25 an immigration -related administrative action, the court, in its 26 discretion, may appoint the custodial parent and a person nominated 27 by the custodial parent as joint guardians of the person of the 28 minor. A nomination made pursuant to this subdivision shall not 29 be made over the objection of a noncustodial parent without a 30 finding that the noncustodial parent's custody would be detrimental 31 to the minor, as provided in Section 3041 of the Family Code. 32 Upon the occurrence of an activating event set forth in an order 33 appointing a joint guardian, the guardian shall be immediately 34 empowered to assume guardianship duties in the parent's absence. 35 Commencement of the duties of the guardian shall confer upon 36 the appointed guardian shared authority with the parent, custodian, 37 or guardian of the minor child or minor ward, unless the petition 38 states otherwise.
39 (2) A parent, custodian, or guardian may revoke a joint 40 guardianship issued pursuant to this subdivision by filing a request 96 AB 495 —18-
1 to terminate the guardianship with the court pursuant to Section 2 1601. Upon a showing that the activating event no longer affects 3 the parent's availability to provide care for their child, there shall 4 be a presumption that termination is in the child's best interest. 5 (3) All court records, petitions, orders, and documents related 6 to the appointment of a joint guardian pursuant to this subdivision 7 shall be confidential, and shall be made available only to the 8 persons who have been served in the proceeding and their attorneys, 9 if applicable. The clerk of the court shall make provisions to limit 10 access to these documents and any other personally identifiable 11 information of the minor, custodial parent, the appointed guardian, 12 or family members who are a party to or identified in the 13 proceeding.
14 (4) Consistent with Section 7284.6 of the Government Code, 15 information contained in these records shall not be disclosed to 16 federal immigration authorities or any entity engaged in 17 immigration enforcement without a court order based on a showing 18 of compelling necessity unrelated to immigration enforcement. 19 SEC. 8.
20 SEC. 9. The Legislature finds and declares that Section 7 of 21 this act, which amends Section 2105 of the Probate Code, imposes 22 a limitation on the public's right of access to the meetings of public 23 bodies or the writings of public officials and agencies within the 24 meaning of Section 3 of Article I of the California Constitution. 25 Pursuant to that constitutional provision, the Legislature makes 26 the following findings to demonstrate the interest protected by this 27 limitation and the need for protecting that interest:
28 In order to protect the privacy interests of immigrants, it is 29 essential to maintain the confidentiality of the records and 30 information described in Section 7 of this act.
31 SEC. 9.
32 SEC. 10. No reimbursement is required by this act pursuant to 33 Section 6 of Article XIIIB of the California Constitution for certain 34 costs that may be incurred by a local agency or school district 35 because, in that regard, this act creates a new crime or infraction, 36 eliminates a crime or infraction, or changes the penalty for a crime 37 or infraction, within the meaning of Section 17556 of the 38 Government Code, or changes the definition of a crime within the 39 meaning of Section 6 of Article XIII B of the California 40 Constitution.
96 -19 — AB 495
1 However, if the Commission on State Mandates determines that 2 this act contains other costs mandated by the state, reimbursement 3 to local agencies and school districts for those costs shall be made 4 pursuant to Part 7 (commencing with Section 17500) of Division 5 4 of Title 2 of the Government Code.
6 7
8 CORRECTIONS:
9 Heading —Line 2.
10 REVISIONS:
11 Heading —Line 2.
12 0
96 ATTACHMENT 4
August 26, 2025
The Honorable Celeste Rodriguez
California State Assembly
1021 0 St, Suite 4320
Sacramento, CA 95814
RE: Oppose AB 495 (Rodriguez) Family Preparedness Plan Act of 2025 Dear Assemblymember Rodriguez,
On behalf of the City of Yucaipa, I write to oppose AB 495. While we recognize and share the goal of protecting children from unnecessary trauma when a parent is temporarily unavailable, we have significant concerns with the breadth and unintended consequences of this bill.
AB 495 expands the Caregiver's Authorization Affidavit to include "nonrelative extended family members," broadly defined to include individuals with a "mentoring" or "familial" relationship to a child or the child's relative. This change would grant such individuals authority to enroll a child in school and consent to medical, dental, and mental health services without notarization, background checks, or parental co -signature. This raises serious safety concerns, as it could permit unvetted individuals to gain legal authority over a child.
The bill also creates an automatic joint guardianship mechanism that activates upon certain events, including immigration -related administrative actions and incarceration. While intended to ensure continuity of care, the automatic nature of this provision, combined with strict confidentiality rules, could undermine parental oversight and hinder child welfare investigations.
Additionally, AB 495 would impose new state mandates on licensed child care facilities and schools, requiring adoption of Attorney General -developed immigration -enforcement policies, new reporting requirements, and expanded parent notifications. These obligations would increase administrative and fiscal burdens on local agencies and expose them to additional liability.
The City of Yucaipa supports measures that protect children and preserve family stability. However, we believe AB 495 addresses a narrow concern with overly broad statutory changes that introduce new risks to child welfare and erode parental rights.
Sincerely,
Jon Thorp
Mayor
City of Yucaipa
34272 Yucaipa Blvd, Yucaipa, CA 92399
909-797-2489
cc. Senator Rosalice Ochoa Bogh
Assemblyman Greg Wallis
Laura Varela, Cal Cities, Regional Public Affairs Manager League of California Cities, [email protected]
City of Yucaipa
34272 Yucaipa Blvd, Yucaipa, CA 92399
909-797-2489
ATTACHMENT 5
AMENDED IN ASSEMBLY APRIL 2, 2025
CALIFORNIA LEGISLATURE-2025-26 REGULAR SESSION
ASSEMBLY BILL No. 426
Introduced by Assembly Member Dixon
February 5, 2025
An act to add Section 53069.65 to the Government Codc, 1708.83 to the Civil Code, relating to_loeal govemmett. civil law.
LEGISLATIVE COUNSEL'S DIGEST
AB 426, as amended, Dixon. Local agencies: civil penalty for impeding -Impeding emergency response with drone.
Existing law makes it a crime for a person who operates or U3C8 to operate or use an unmanned aerial vehicle, remote piloted aircraft, or drone at the scene of an emergency for the purpose of viewing the scene or emergency or military personnel, and thereby -impedes impede the emergency or military personnel, in the performance of their duties in coping with the emergency. Existing law excuses a local public entity or public employee from liability for damage to an unmanned aircraft or unmanned aircraft system, if the damage was caused while the local public entity or public employee of a local public entity was providing, and the unmanned aircraft or unmanned aircraft system was interfering with, the operation, support, or enabling of any emergency service, as specified. Existing law imposes liability for physical invasion ofprivacy on a person if the person knowingly enters onto the land or into the airspace above the land of another person without permission or otherwise commits a trespass in order to capture any image or recording of the other person engaging in a private activity and the invasion occurs in a manner that is offensive to a reasonable person. 98 AB 426 — 2 --
This bill would
prohibit a person from
operating or using an unmanned aerial vehicle, remote piloted aircraft, or drone at the scene of an emergency and thereby -impedes impeding firefighters, peace officers, medical personnel, military personnel, or other emergency personnel in the performance of their fire suppression, law enforcement, or emergency response duties, unless the person has a federal operational waiver, as specified. The bill would authorize the Attorney General or a county counsel or city attorney to bring civil action to enforce the prohibition and authorize a prevailing plaintiff to recover civil penalties, injunctive relief or reasonable attorney's fees and costs, as specified.
Vote: majority. Appropriation: no. Fiscal committee: eyes.
State -mandated local program: no.
The people of the State of California do enact as follows:
1 SECTION 1. Section 53069.65 is addcd to the Government 2 Codc, to rcad:
3 53069.65.
4 SECTION 1. Section 1708.83 is added to the Civil Code, to 5 read:
6 1708.83. (a) ,
7 ,
8 A
9 person-whe-eperates-or uses shall not operate or use an unmanned 10 aerial vehicle, remote piloted aircraft, or drone at the scene of an 11 emergency and thereby -impedes impede firefighters, peace officers, 12 medical personnel, military personnel, or other emergency 13 personnel in the performance of their fire suppression, law 14 enforcement, or emergency response duties.
15 (b) The Attorney General or a county counsel or city attorney 16 may bring a civil action to enforce subdivision (a). The prevailing 17 plaintiff in an action may recover any of the following in any court 18 of competent jurisdiction:
19 (1) A civil penalty not exceeding seventy-five thousand dollars 20 ($75, 000) for each violation.
21 (2) Injunctive relief
22 (3) Reasonable attorney's fees and costs.
23 ("j
98 — 3 — AB 426
1 (c) Subdivision (a) shall not apply to a person who has been 2 granted a Part 107 Operational Waiver issued by the Federal 3 Aviation Administration pursuant to Section 107.200 of the Code 4 of Federal Regulations.
0 98
ATTACHMENT 6
August 26, 2025
The Honorable Diane Dixon
California State Assembly
1021 0 Street, Suite 4210
Sacramento, CA 95814
RE: Support for AB 426 (Dixon) — Drones and Emergency Response Dear Assemblymember Dixon,
I write in support of AB 426, which authorizes local agencies to impose civil penalties of up to $75,000 against drone operators who interfere with emergency responders.
Unmanned aircraft can provide valuable benefits in many contexts, but when misused near emergency incidents, drones pose a serious danger. During wildfires, rescues, and law enforcement operations, unauthorized drones can block airspace, delay aerial firefighting, distract personnel, and put both responders and the public at risk. Existing laws do not adequately deter reckless drone use, leaving agencies with limited tools to respond.
AB 426 fills this gap by creating meaningful civil penalties to discourage drone interference while preserving exemptions for FAA -authorized operators. By strengthening enforcement, this bill will help ensure first responders can carry out their duties without unnecessary delays or hazards, ultimately protecting lives and property.
The Yucaipa City Council believes AB 426 is a common-sense measure that advances public safety and supports the work of emergency personnel across California. We thank you for your leadership in introducing this legislation and are proud to support it.
Sincerely,
Jon Thorp
Mayor
cc. Senator Rosalice Ochoa Bogh
Assemblyman Greg Wallis
Laura Varela, Cal Cities, Regional Public Affairs Manager League of California Cities, [email protected]
City of Yucaipa
34272 Yucaipa Blvd, Yucaipa, CA 92399
909-797-2489
ATTACHMENT 7
AMENDED IN SENATE JULY 16, 2025
AMENDED IN SENATE JUNE 26, 2025
AMENDED IN ASSEMBLY APRIL 10, 2025
AMENDED IN ASSEMBLY APRIL 2, 2025
AMENDED IN ASSEMBLY MARCH 24, 2025
CALIFORNIA LEGISLATURE-2025-26 REGULAR SESSION
ASSEMBLY BILL No. 468
Introduced by Assembly Members Gabriel, Irwin, and Pacheco (Coauthors: Assembly Members Flora, Hadwick, Harabedian, Michelle Rodriguez, Tangipa, and Wallis)
(Coauthor: Senator Allen)
February 6, 2025
An act to amend Section 459 of,-teradd 63 2 __ "°=
and to repeal and add Section 463 of, the Penal Code, relating to crimes.
LEGISLATIVE COUNSEL'S DIGEST
AB 468, as amended, Gabriel. Crimes: looting.
Existing law defines the crime of burglary as entering specified buildings, places, or vehicles with the intent to commit grand or petty theft or a felony. Existing law clarifies that a structure designed for habitation is being used for dwelling purposes if, at the time of the burglary, it was not occupied solely because a disaster caused the occupants to leave the premises.
This bill would specify that neither the fact that the structure entered has been damaged by a natural or other disaster, nor the extent of the damage, shall preclude conviction.
94 AB 468 — 2 —
Existing law defines looting as the commission of certain offenses during and within an affected county in a state of emergency or local emergency, as specified. Existing law includes any 2nd-degree burglary or grand theft in the definition of looting, and makes looting based on those offenses punishable by either imprisonment in a county jail for one year or as a felony. Existing law also makes the crime of looting based on petty theft punishable as a misdemeanor.
Existing regulations define an "evacuation area" as a geographic area from which civilians have been evacuated pursuant to an evacuation order and where movement and entry are controlled by fire and law enforcement personnel having jurisdictional authority. Existing regulations define an "evacuation warning" as alerting community members in a defined area of a potential threat to life or property.
This bill would recast the offense of looting to include first degree burglary, 2nd degree burglary, grand theft, trespass, and theft from a vehicle, when those offenses are committed in an evacuation zone, to the crime of looting. The bill would also, for the purposes of looting, define an evacuation zone as an evacuation area or an area subject to an evacuation warning and would include in the definition one or more residential dwelling units undergoing reconstruction following damage or destruction caused by a disaster after an evacuation order or warning has been lifted, as specified. The bill would impose increased penalties for these offenses committed within an evacuation zone, as specified, and would thus create a state -mandated local program.
including a pcacc officer or an officer or mcmbcr of a firc department, ,
emblem, device, label, certificate, card, or writing of onc of those thc intent of fraudulently inducing thc belief that thcy arc onc of those spccificd cmcrgcncy services providers or mcmbcrs of thc military emergency, or undcr an evacuation order, as specified. The bill would 94 — 3 — AB 468
By crcating a new crimc, by
By increasing the punishment of specified crimes,
tiew—enita.neemeftt7 this bill would impose a state -mandated local program.
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.
This bill would make the operation of its provisions contingent upon the enactment of Senate Bill 571 of the 2025-26 Regular Session.
Vote: majority. Appropriation: no. Fiscal committee: yes.
State -mandated local program: yes.
The people of the State of California do enact as follows:
1 SECTION 1. Section 459 of the Penal Code is amended to 2 read:
3 459. (a) Every person who enters any house, room, apartment, 4 tenement, shop, warehouse, store, mill, barn, stable, outhouse or 5 other building, tent, vessel, as defined in Section 21 of the Harbors 6 and Navigation Code, floating home, as defined in subdivision (d) 7 of Section 18075.55 of the Health and Safety Code, railroad car, 8 locked or sealed cargo container, whether or not mounted on a 9 vehicle, trailer coach, as defined in Section 635 of the Vehicle 10 Code, any house car, as defined in Section 362 of the Vehicle 11 Code, inhabited camper, as defined in Section 243 of the Vehicle 12 Code, vehicle as defined by the Vehicle Code, when the doors are 13 locked, aircraft as defined by Section 21012 of the Public Utilities 14 Code, or mine or any underground portion thereof, with intent to 15 commit grand or petit larceny or any felony is guilty of burglary. 16 As used in this chapter, "inhabited" means currently being used 17 for dwelling purposes, whether occupied or not. A house, trailer, 18 vessel designed for habitation, or portion of a building is currently 19 being used for dwelling purposes if, at the time of the burglary, it 20 was not occupied solely because a natural or other disaster caused 21 the occupants to leave the premises.
22 (b) The fact that the structure entered has been damaged by a 23 natural or other disaster, or the extent of that damage, does not 24 preclude conviction.
94 AB 468 —4-
1 SEC. 2. Section 463 of the Penal Code is repealed.
2 SEC. 3. Section 463 is added to the Penal Code, to read:
3 463. (a) For the purposes of this section, the following terms 4 shall have the following meanings:
5 (1) "Evacuation order" means an order from the Governor, or 6 a county sheriff, chief of police, or fire marshal, under which 7 persons subject to the order are required to relocate outside of the 8 geographic area covered by the order due to an imminent danger 9 resulting from an earthquake, fire, flood, riot, or other natural or 10 manmade disaster.
11 (2) "Evacuation zone" means an evacuation area or an area 12 subject to an evacuation warning, as defined in Section 2470.1 of 13 Title 19 of the California Code of Regulations. An evacuation zone 14 includes one or more residential dwelling units while it is 15 undergoing reconstruction following damage or destruction caused 16 by an earthquake, fire, flood, riot, or other natural or manmade 17 disaster, after an evacuation order or warning has been lifted, for 18 up to four years from the date an evacuation order or warning 19 went into effect, but does not include detached structures on the 20 same property that are not dwelling units or are not otherwise 21 usable for human habitation.
22 (3) "Local emergency" means conditions that, by reason of their 23 magnitude, are, or are likely to be, beyond the control of the 24 services, personnel, equipment, and facilities of any single county, 25 city and county, or city and require the combined forces of a mutual 26 aid region or regions to combat. A "local emergency" shall exist 27 from the time of the proclamation of the condition of the 28 emergency by the local governing body until terminated pursuant 29 to Section 8630 of the Government Code.
30 (4) "Reconstruction" includes, but is not limited to, the time 31 from initial debris removal through the issuance of the certificate 32 of occupancy.
33 (5) "State of emergency" means conditions that, by reason of 34 their magnitude, are, or are likely to be, beyond the control of the 35 services, personnel, equipment, and facilities of any single county, 36 city and county, or city and require the combined forces of a mutual 37 aid region or regions to combat. A "state of emergency" shall exist 38 from the time of the proclamation of the condition of the 39 emergency until terminated pursuant to Section 8629 of the 40 Government Code.
94 — 5 — AB 468
1 (b) All of the following offenses when committed during and 2 within an affected county in a "state of emergency" or a "local 3 emergency," or under an "evacuation order," resulting from an 4 earthquake, fire, flood, riot, or other natural or manmade disaster 5 are looting and, except as provided in subdivision (c), are 6 punishable as follows:
7 (1) A violation of Section 459, punishable as a second-degree 8 burglary pursuant to subdivision (b) of Section 461, is punishable 9 by imprisonment in a county jail for one year or pursuant to 10 subdivision (h) of Section 1170.
11 (2) A violation of Section 487 or subdivision (a) of Section 12 487a, except grand theft of a firearm, is punishable by 13 imprisonment in a county jail for one year or pursuant to 14 subdivision (h) of Section 1170.
15 (3) Grand theft of a firearm, as defined in Section 487, is 16 punishable by imprisonment in the state prison, as set forth in 17 subdivision (a) of Section 489.
18 (4) A violation of Section 488 is punishable by imprisonment 19 in a county jail for six months.
20 (c) All of the following offenses when committed during and 21 within an evacuation zone are looting and, notwithstanding 22 subdivision (b), are punishable as follows:
23 (1) A violation of Section 459, punishable as a first -degree 24 burglary pursuant to subdivision (a) of Section 461, is punishable 25 by imprisonment in the state prison for a term of two, four, or 26 seven years.
27 (2) A violation of Section 459, punishable as a second-degree 28 burglary pursuant to subdivision (b) of Section 461, is punishable 29 pursuant to subdivision (h) of Section 1170.
30 (3) A violation of Section 487 or subdivision (a) of Section 31 487a, except grand theft of a firearm, is punishable pursuant to 32 subdivision (h) of Section 1170.
33 (4) A violation of Section 602, with the intent to commit larceny, 34 punishable by imprisonment in a county jail for one year or 35 pursuant to subdivision (h) of Section 1170.
36 (5) Notwithstanding Section 490.2, theft from an unlocked 37 vehicle is punishable by imprisonment in a county jail for one year 38 or pursuant to subdivision (h) of Section 1170. This paragraph 39 shall not preclude prosecution under any other provision of law. 94 AB 468 — 6 —
1 (d) (1) A person convicted of an offense described in paragraph 2 (1), (2), or (3) of subdivision (b) or an offense described in 3 subdivision (c) who is granted probation shall, as a condition of 4 probation, be confined in a county jail for at least 180 days, except 5 that the court may, in a case where the interest of justice would 6 best be served, reduce or eliminate that mandatory jail sentence if 7 the court specifies on the record and enters into the minutes the 8 circumstances indicating that the interest of justice would best be 9 served by that disposition.
10 (2) In addition to whatever custody is ordered, the court may 11 require any person granted probation following conviction under 12 paragraph (1) of subdivision (b) to serve up to 240 hours of 13 community service and may require any person granted probation 14 following conviction of an offense described in paragraph (2) or 15 (3) of subdivision (b) or an offense described in subdivision (c) to 16 serve up to 160 hours of community service.
17 (3) A person convicted under paragraph (4) of subdivision (b) 18 who is granted probation shall, as a condition of probation, be 19 confined in a county jail for at least 90 days, except that the court 20 may, in a case where the interest of justice would best be served, 21 reduce or eliminate that mandatory minimum jail sentence if the 22 court specifies on the record and enters into the minutes the 23 circumstances indicating that the interest of justice would best be 24 served by that disposition. In addition to whatever custody is 25 ordered, the court may require any person granted probation 26 following conviction under this subdivision to serve up to 80 hours 27 of community service.
28 (e) Consensual entry into a commercial structure with the intent 29 to commit a violation of Section 470, 476, 476a, 484f, or 484g 30 shall not be charged as a violation under this section. 31 (f) For purposes of this section, the fact that the structure entered 32 has been damaged by the earthquake, fire, flood, or other natural 33 or manmade disaster shall not,
in and of itself, preclude conviction.
34 JL � . 7GC TI T63.2 is ddcd to the Penal Code, to-rcai 35 36
37 38 for the fclony or attcmptcd fclony of which thcy havc bccn 39 40
ycars.
94 -7— AB468
1 ,
2 3 (1) "Emcrgcncy personnel" is dcfincd as a pcacc officer, an 4 officcr or mcmbcr of a fire dcpartmcnt or a dcputy statc fire 5 marshal, an cmploycc of a public utility or district, statc, county, 6 r or cmploycc, an
7 8 starch and rcscuc unit or tcam, an officcr or mcmbcr of thc Armcd 9 Forccs of thc Unitcd Statcs, thc California National Guard, the 10 Statc Guard, thc Naval Militia, thc national guard of any othcr 11 ,
12 ' ,
13 14 Safety Codc.
15 (2) "Evacuation zonc" has thc same mcaning as in Scction 463. 16 (3) "Impersonating" means willful wcaring, cxhibiting, or using 17 of an authorizcd uniform, insignia, cmblcm, dcvicc, labcl, 18 ccrtificatc, card, or writing of cmcrgcncy personncl with thc intent 19 of fraudulcntly inducing thc belief that thcy arc a mcmbcr of 20 cmcrgcncy personncl.
21 SEC. 5. Scction 538i is added to thc Pcnal Codc, to rcad:
22 538i. Any person othcr than a pcacc officcr, an officer or 23 mcmbcr of a firc dcpartmcnt or a dcputy statc firc marshal, an 24 cmploycc of a public utility or district, statc, county, city, or spccial 25 district, a city and county officer or cmploycc, an officcr or mcmbcr 26 27 unit or team, an officcr or mcmbcr of the Armcd Forces of the 28 Unitcd Statcs, thc California National Guard, thc Statc Guard, the 29 30 reserve componcnt of thc Armcd Forccs of thc Unitcd Statcs, or 31 an cmcrgcncy mcdical tcchnician, as dcfincd in Division 2.5 32 (commencing with Scction 1797) of the IIcalth and Safcty Codc, 33 ,
34 ,
35 cmblcm, dcvicc, label, ccrtificatc, card, or writing of a pcace 36 officcr, an officcr or mcmbcr of a firc dcpartmcnt or a dcputy state 37 fire marshal, an cmploycc of a public utility or district, statc, 38 county, city, or spccial district, a city and county officcr or 39 cmploycc, an officcr or mcmbcr of a govcrnmcntal
40 ,
94 AB468 —8-
1 officcr or mcmbcr of thc Armcd Forccs of thc Unitcd Statcs, the 2 C lif N 1 a t State Guara the AT,.ya Militi the
3 ,
4 of the Armcd Forccs of thc Unitcd Statcs, or an cmcrgcncy mcdical 5 ,
6 ,
7 inducing thc bclicf that thcy arc a pcacc officcr, an officcr or 8 9 ,
10 ,
11 12 unit or tcam, an officcr or mcmbcr of thc Armcd Forccs of the 13 Unitcd Statcs, thc California National Guard, thc Statc Guard, thc 14 15 rcscrvc componcnt of thc Armcd Forccs of thc Unitcd Statcs, or 16 ,
17 (commcncing with Scction 1797) of the IIcalth and Safcty Codc, 18 19 jail for up to one ycar or a fclony punishablc pursuant to 20 21 SEC. 6.
22 SEC. 4. No reimbursement is required by this act pursuant to 23 Section 6 of Article XIIIB of the California Constitution because 24 the only costs that may be incurred by a local agency or school 25 district will be incurred because this act creates a new crime or 26 infraction, eliminates a crime or infraction, or changes the penalty 27 for a crime or infraction, within the meaning of Section 17556 of 28 the Government Code, or changes the definition of a crime within 29 the meaning of Section 6 of Article XIII B of the California 30 Constitution.
31 SEC. 5. This act shall become operative only if Senate Bill 571 32 of the 2025-26 Regular Session is enacted and becomes effective 33 on or before January 1, 2026.
0 94
ATTACHMENT 8
AMENDED IN ASSEMBLY JULY 17, 2025
AMENDED IN SENATE MAY 23, 2025
AMENDED IN SENATE MARCH 25, 2025
SENATE BILL No. 571
Introduced by Senators Archuleta, Arreguin, and Valladares (Principal coauthors: Senators Cervantes, Grayson, Hurtado, Menjivar, Perez, Reyes, Richardson, Stern, and Umberg)
February 20, 2025
An act to amend Scctio s 5 `, 5 __ a 63 Section 451.5 of, and to add Scction Sections 463.2 and 538i to, the Penal Code, relating to crimes.
LEGISLATIVE COUNSEL'S DIGEST
SB 571, as amended, Archuleta. Looting. Emergencies: crimes.
Existing law defines looting as the commission of certain offenses during and within an affected county in a state of emergency or local emergency, as specified. Existing law includes any 2nd-degree burglary or grand theft in the definition of looting, and makes looting based on those offenses punishable by either imprisonment in a county jail for one year or as a felony. Existing law rcquircs a person convictcd of This bill would
only as a fclony and would rcmovc the court's discrction to rcducc or 96 SB 571 — 2 —
leeal-emrycrgeney- authorize the court to consider the fact, if pled and proven, that the defendant committed the crime of looting while impersonating emergency personnel as a factor in aggravation.
Existing law prohibits credibly impersonating a peace officer, firefighter, or employee of a state or local government agency, or a search and rescue team, as specified. A violation of these prohibitions is punishable as a misdemeanor.
This bill would make it a crime punishable as a misdemeanor or a felony for a person, other than a first responder to wear, exhibit, or use the uniform, insignia, emblem, device, label, certificate, card, or writing of a first responder with the intent of fraudulently impersonating a first responder within an area under an evacuation order, as specified. The bill would also make it a crime, punishable as a misdemeanor or a felony, to impersonate a first responder on the internet or by electronic means during an evacuation order or within 30 days of its termination for the purpose of defrauding another, as specified.
Existing law, until January 1, 2029, defines the offense of aggravated arson, and defines the aggravating factors for the offense as: the person has been previously convicted of arson on one or more occasions within the past 10 years, the fire caused property damage and other losses in excess of $10,100,000, or the fire caused damage to, or the destruction of, 5 or more inhabited dwellings. Existing law, commencing January 1, 2029, deletes the aggravating factor of property damage and other losses in excess of $10,100,000 from the definition of aggravated arson.
This bill would state that it is the intent of the Legislature that amendments to the above -described dollar amounts are to be applied prospectively and shall not be interpreted to benefit any defendant who committed a crime or received a sentence before the effective date of the amendment.
theft or a felony. Existing law clarifies that a structure designed for burglary it was not occupicd solely bccausc a disastcr caused the By creating a new crime and by increasing the punishment of specified crimes, this bill would impose a state -mandated local program. 96 — 3 — SB 571
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.
This bill would make the operation of its provisions contingent upon the enactment of AB 468 of the 2025-26 Regular Session.
Vote: majority. Appropriation: no. Fiscal committee: yes.
State -mandated local program: yes.
The people of the State of California do enact as follows:
1 SECTION 1. Section 451.5 of the Penal Code, as amended by 2 Section 1 of Chapter 706 of the Statutes of 2023, is amended to 3 read:
4 451.5. (a) A person who willfully, maliciously, deliberately, 5 with premeditation, and with intent to cause injury to one or more 6 persons, or to cause damage to property under circumstances likely 7 to produce injury to one or more persons, or to cause damage to 8 one or more structures or inhabited dwellings, sets fire to, burns, 9 or causes to be burned, or aids, counsels, or procures the burning 10 of any residence, structure, forest land, or property, is guilty of 11 aggravated arson if one or more of the following aggravating 12 factors exists:
13 (1) The defendant has been previously convicted of arson on 14 one or more occasions within the past 10 years.
15 (2) (A) The fire caused property damage and other losses in 16 excess of ten million one hundred thousand dollars ($10,100,000), 17 exclusive of damage to, or destruction of, inhabited dwellings. 18 (B) In calculating the total amount of property damage and other 19 losses under subparagraph (A), the court shall consider the cost of 20 fire suppression. It is the intent of the Legislature that this 21 paragraph be reviewed within five years to consider the effects of 22 inflation on the dollar amount stated herein.
23 (3) The fire caused damage to, or the destruction of, five or 24 more inhabited dwellings.
25 (b) A person who is convicted under subdivision (a) shall be 26 punished by imprisonment in the state prison for 10 years to life. 96 SB571 —4-
1 (c) A person who is sentenced under subdivision (b) shall not 2 be eligible for release on parole until 10 calendar years have 3 elapsed.
4 (d) It is the intent of the Legislature that amendments to the 5 threshold dollar amount set forth in this section are to be applied 6 prospectively only and shall not be interpreted to benefit any 7 defendant who committed any crime or received any sentence 8 before the effective date of the threshold.
9 (e) This section shall remain in effect only until January 1, 2029, 10 and as of that date is repealed.
11 SEC. 2. Scction 459 of the Penal Codc is amcndcd to rcad:
12 459. (a) Evcry person who enters any housc, room, apartmcnt, 13 tenement, shop, warchousc, store, mill, barn, stablc, outhousc or 14 othcr building, tcnt, vcsscl, as dcfincd in Scction 21 of the IIarbors 15 ,
16 of Scction 18075.55 of the IIcalth and Safcty Codc, railroad car, 17 ,
18 vchicic, trailcr coach, as dcfincd in Scction 635 of thc Vchicic 19 Codc, any housc car, as dcfincd in Scction 362 of thc Vchicle 20 Codc, inhabitcd camper, as dcfincd in Scction 243 of the Vchicle 21 Code, vchicic as defined by thc Vchicic Codc, whcn thc doors -are 22 locked, aircraft as dcfincd by Scction 21012 of the Public Utilities 23 ,
24 25 "
26 for dwclling purposcs, whcthcr occupicd or not. A housc, trailcr, 27 ,
28 being used for dwclling purposcs if, at thc time of the burglary, it 29 30
31 (b) The fact that thc structure entered has bccn damaged to any 32 cxtcnt by a natural or othcr disastcr shall not, in and of itsclf, 33 preclude conviction.
34 SEC. 3. Scction 463 of the Pcnal Codc is amcndcd to rcad:
35 463. (a) Evcry person who violatcs Scction 459, punishable 36 37 "
38 or a "local emergency," or under an "cvacuation ordcr," resulting 39 from an carthquakc, firc, flood, riot, or othcr natural or manmade 40 disastcr or within 180 days of thc termination of a "state of 96 -5— SB 571
1 cmcrgcncy," "local cmcrgcncy," or "evacuation ordcr," is guilty 2 ,
3 4 ,
5 condition thereof, be confined in a county jail for at least 180 days. 6 In addition to whatcvcr custody is ordcrcd, thc court, in its 7 ,
8 9 community scrvicc in any program dccmcd appropriate by the 10 11 For purposcs of this subdivision, thc fact that thc structure 12 ,
13 ,
14 eenvietion.
15 (b) Every person who commits the crime of grand thcft, as 16 dcfincd in Scction 487 or subdivision (a) of Scction 487a, cxccpt 17 grand thcft of a fircarm, during and within an affcctcd county in 18 a "statc of cmcrgcncy" or a "local cmcrgcncy," or undcr an 19 "cvacuation ordcr," resulting from an carthquakc, firc, flood, riot, 20 21 termination of a "statc of emergency," "local cmcrgcncy," or 22 "evacuation o dcr," is guilty of thc crime of looting, punishable 23 pursuant to subdivision (h) of Scction 1170. Evcry person who 24 commits thc crimc of grand thcft of a fircarm, as dcfincd in Scction 25 „
26 or a "local emergency" resulting from an carthquakc, firc, flood, 27 ,
28 ,
29 30
31 ,
32 for at least 180 days. In addition to whatcvcr custody is ordcrcd, 33 the court, in its discretion, may require any person granted 34 35 to 160 hours of community scrvicc in any program dccmcd 36 37 thc community.
38 (c) Evcry person who commits the crimc of pctty thcft, as 39 ,
40 "statc of cmcrgcncy" or a "local cmcrgcncy," or under an 96 SB 571 — 6 —
1 "cvacuation ordcr," resulting from an carthquakc, fi c, flood, riot, 2 or othcr natural or manmadc disastcr is guilty of a misdcmcanor, 3 punishable by imprisonmcnt in a county jail for six months. Any 4 5 ,
6 be confincd in a county jail for at lcast 90 days, cxccpt that the 7 court may, in thc case whcrc thc intcrcst of justicc would bcst be 8 ,
9 if the court specifics on the record and cntcrs into thc minutes the 10 circumstances indicating that thc intcrcst of justicc would bcst be 11 served by that disposition. In addition to whatcvcr custody is 12 ordered, thc court, in its discretion, may rcquirc any person grantcd 13 14 to 80 hours of community scrvicc in any program dccmcd 15 16
17 (d) (1) For purposcs of this scction, "statc of cmcrgcncy" mcans 18 conditions that, by rcason of thcir magnitudc, arc, or arc likcly to 19 bc, bcyond thc control of the scrviccs, personncl, cquipmcnt, and 20 facilities of any singlc county, city and county, or city and rcquirc 21 22 (2) For purposcs of this scction, "local cmcrgcncy" mcans 23 conditions that, by rcason of thcir magnitudc, arc, or arc likcly to 24 bc, bcyond thc control of the scrviccs, personncl, cquipmcnt, and 25 facilities of any singlc county, city and county, or city and rcquirc 26 thc combincd forccs of a mutual aid rcgion or rcgions to combat. 27 (3) For purposcs of this scction, a "statc of cmcrgcncy" shall 28 cxist from thc timc of thc proclamation of thc condition of the 29 cmcrgcncy until tcrminatcd pursuant to Scction 8629 of the 30 Govcrnmcnt Codc. For purposcs of this scction only, a "local 31 cmcrgcncy" shall cxist from thc timc of thc proclamation of the 32 condition of thc cmcrgcncy by thc local governing body until 33 tcrminatcd pursuant to Scction 8630 of the Govcrnmcnt Codc. 34 (4) For purposcs of this scction, "cvacuation ordcr" mcans an 35 ordcr from thc Governor, or a county sheriff, chicf of policc, or 36 firc marshal, undcr which persons subjcct to thc ordcr arc rcquircd 37 to rclocatc outside of thc geographic arca covcrcd by thc ordcr due 38 to an immincnt danger resulting from an earthquake, firc, flood, 39 riot, or other natural or manmadc disastcr.
96 — 7— SB 571
1 2 to commit a violation of Section 470, 476, 476a, 484f, or 484g 3 4 SEC. 2. Section 463.2 is added to the Penal Code, to read:
5 463.2. (a) In sentencing a person convicted of a violation of 6 Section 463, the court may consider the fact, if pled and proven, 7 that the defendant committed the crime while impersonating 8 emergency personnel as a factor in aggravation in sentencing. 9 (b) For purposes of this section, the following terms have the 10 following meanings:
11 (1) "Emergency personnel" means a peace officer, an officer 12 or member of a fire department or a deputy state fire marshal, an 13 employee of a public utility or district, state, county, city, or special 14 district, a city and county officer or employee, an officer or member 15 of a governmental agency -managed or -affiliated search and rescue 16 unit or team, an officer or member of the Armed Forces of the 17 United States, the California National Guard, the State Guard, 18 the Naval Militia, the national guard of any other state, or any 19 other reserve component of the Armed Forces of the United States, 20 or an emergency medical technician, as defined in Division 2.5 21 (commencing with Section 1797) of the Health and Safety Code. 22 (2) "Impersonating" means willfully wearing, exhibiting, or 23 using of an authorized uniform, insignia, emblem, device, label, 24 certificate, card, or writing of emergency personnel with the intent 25 of fraudulently inducing the belief that they are emergency 26 personnel.
27 SEC. 4.
28 SEC. 3. Section 538i is added to the Penal Code, to read:
29 538i. (a) Any person, other than a first responder, who willfully 30 wears, exhibits, or uses the uniform, insignia, emblem, device, 31 label, certificate, card, or writing of a first responder with the intent 32 of fraudulently impersonating a first responder in an area subject 33 to an evacuation order as a_ frte it 63, or who willfully 34 and credibly impersonates a first responder on an internet website, 35 or by other electronic means, during an evacuation order or within 36 30 days of its termination, for purposes of defrauding another, 37 shall be punished either by imprisonment in a county jail not to 38 exceed one year, by a fine not to exceed 0,090, two thousand 39 dollars ($2,000) or by both that imprisonment and fine, or by 96 SB 571 — 8 —
1 imprisonment pursuant to subdivision (h) of Section 1170 and by 2 a fine not to exceed-$.2070007 twenty thousand dollars ($20, 000). 3 (b) For purposes of this section, "first the following terms have 4 the following meanings:
5 (1) "Evacuation order" has the same meaning as in Section 6 463.
7 (2) "First responder" means a first responder as defined under 8 Section 8562 of the Government Code, or any employee of the 9 Federal Emergency Management Agency under Section 313 of 10 Subchapter V of Chapter 1 of Title 6 of the United States Code. 11 SEC. 5.
12 SEC. 4. No reimbursement is required by this act pursuant to 13 Section 6 of Article XIIIB of the California Constitution because 14 the only costs that may be incurred by a local agency or school 15 district will be incurred because this act creates a new crime or 16 infraction, eliminates a crime or infraction, or changes the penalty 17 for a crime or infraction, within the meaning of Section 17556 of 18 the Government Code, or changes the definition of a crime within 19 the meaning of Section 6 of Article XIII B of the California 20 Constitution.
21 SEC. 5. This act shall become operative only if Assembly Bill 22 468 of the 2025-2026 Regular Session is enacted and becomes 23 effective on or before January 1, 2026.
0 96
ATTACHMENT 9
August 26, 2025
The Honorable Jesse Gabriel
California State Assembly
1021 0 Street, Suite 5120
Sacramento, CA 95814
The Honorable Bob Archuleta
California State Senate
1021 0 Street, Suite 7630
Sacramento, CA 95814
RE: Support for AB 468 (Gabriel) and SB 571 (Archuleta) — Disaster -Related Crimes Dear Assemblymember Gabriel and Senator Archuleta,
On behalf of the City of Yucaipa, I write to support AB 468 and SB 571, companion bills that strengthen California's ability to deter and prosecute crimes committed during and after disasters.
Communities across California have experienced the devastating effects of wildfires, floods, earthquakes, and other emergencies. Unfortunately, these crises also create opportunities for criminals to exploit residents who have been forced to evacuate their homes. Looting, burglary, and impersonation of emergency personnel during these times not only victimize individuals but also erode trust in public safety and complicate recovery efforts.
AB 468 addresses these challenges by increasing penalties for theft and impersonation crimes in evacuation and recovery zones, while SB 571 broadens and standardizes the definition of disaster - related crimes, extending protections well into the recovery period. By linking the passage of these bills, the Legislature ensures consistency in the Penal Code and gives law enforcement clear tools to prevent predatory behavior when communities are most vulnerable.
Our City believes these measures strike an appropriate balance between protecting residents and providing prosecutors with the authority they need to hold offenders accountable. Together, AB 468 and SB 571 will help restore public confidence, safeguard property, and strengthen recovery efforts in the aftermath of disasters.
Sincerely,
Jon Thorp
Mayor
City of Yucaipa
34272 Yucaipa Blvd, Yucaipa, CA 92399
909-797-2489
cc. Senator Rosalice Ochoa Bogh
Assemblyman Greg Wallis
Laura Varela, Cal Cities, Regional Public Affairs Manager League of California Cities, [email protected]
City of Yucaipa
34272 Yucaipa Blvd, Yucaipa, CA 92399
909-797-2489
ATTACHMENT 10
AMENDED IN ASSEMBLY JULY 3, 2025
AMENDED IN SENATE APRIL 9, 2025
AMENDED IN SENATE MARCH 24, 2025
SENATE BILL No. 701
Introduced by Senator Wahab
(Principal coauthor: Senator Niello)
February 21, 2025
An act to add Section 636.6 to the Penal Code, relating to crimes.
LEGISLATIVE COUNSEL'S DIGEST
SB 701, as amended, Wahab. Signal jammers.
Federal law prohibits a person from willfully or maliciously interfering with or causing interference to radio communications. Federal law prohibits a person from manufacturing, importing, selling, offering for sale, or shipping a device that interferes with radio communications.
Federal law makes a violation of these prohibitions punishable by a fine of not more than $10,000 or by imprisonment for a term not exceeding one year, or both the fine and imprisonment.
Existing law makes it a misdemeanor for a person to intercept a public safety radio service communication for the purpose of using the communication to assist in the commission of a criminal offense or to avoid arrest, as specified. Existing law makes it an infraction to possess or equip a vehicle with a device that is capable of interfering with a device used by a law enforcement agency to measure the speed of moving objects, as specified, and makes it a misdemeanor to possess four or more of those devices.
This bill would make it a crime to manufacture, import, market, purchase, sell, or operate a signal jammer, as defined, unless authorized 96 SB701 —2—
to do so by the Federal Communications Commission, punishable -by as an infraction for a first offense, and a
misdemeanor for a 2nd offense, as specified. The bill would make it a misdemeanor to operate a signal jammer in conjunction with the commission of a crimc, misdemeanor or felony, punishable by a fine of up to $1,000 or by imprisonment. The bill would make it a crime to willfully or maliciously use a signal jammer to block state or local public safety communications, if the person knows or should know that using the signal jammer is likely to result in death or great bodily injury and great bodily injury or death is sustained by any person as a result of that use, punishable as either a misdemeanor or a felony. The bill would require forfeiture of the signal jamming device upon conviction for these crimes. By creating new crimes, this bill would impose a state -mandated local program.
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.
Vote: majority. Appropriation: no. Fiscal committee: yes.
State -mandated local program: yes.
The people of the State of California do enact as follows:
1 SECTION 1. Section 636.6 is added to the Penal Code, to read:
2 636.6. (a) (1) A person who manufactures, imports, markets, 3 purchases, sells, or operates a signal jammer, unless authorized to 4 do so by the Federal Communications Commission, is guilty of 5 an infraction, punishable by
6 and -by a fine not to exceed five hundred dollars ($500), or a 7 ,
8 9 ,
10 ($500) for a first offense.
11 (2) A second or subsequent violation of paragraph (1) is a 12 misdemeanor, punishable by imprisonment in a county jail not 13 exceeding year, by a fine not to exceed one thousand dollars 14 ($1,000), or by both that fine and imprisonment.
96 — 3 — SB 701
1 (b) A person whooperates a signal jammer in
2 conjunction with the commission of a-erime misdemeanor or felony 3 is guilty of a misdemeanor, punishable by imprisonment in a county 4 jail not exceeding one year, or by a fine not to exceed one thousand 5 dollars ($1,000), or by both that fine and imprisonment. 6 (c) A person who willfully or maliciously uses a signal jammer 7 to block state or local public safety
8 communications, and who knows or should know that using the 9 signal jammer is likely to result in death or great bodily injury 10 and great bodily injury or death is sustained by any person as a 11 result of that use, is guilty of a crime, punishable by imprisonment 12 in a county jail not exceeding one year or pursuant to subdivision 13 (h) of Section 1170.
14 (d) A conviction under this section requires forfeiture of the 15 signal jamming device.
16 17 (e) This section does not apply to the authorized and lawful use 18 of signal jammers by local or state law enforcement. 19 20 0 For the purposes of this section, the following terms have 21 the following meanings:
22 (1) "Signal jammer" means a device that intentionally blocks, 23 jams, or interferes with authorized radio or wireless 24 communications.
25 (2) "Public safety communications" means the systems, 26 technologies, and methods used by emergency response agencies, 27 including law enforcement, firefighters, and EMS, to communicate 28 with each other.
29 SEC. 2. No reimbursement is required by this act pursuant to 30 Section 6 of Article XIII B of the California Constitution because 31 the only costs that may be incurred by a local agency or school 32 district will be incurred because this act creates a new crime or 33 infraction, eliminates a crime or infraction, or changes the penalty 34 for a crime or infraction, within the meaning of Section 17556 of 35 the Government Code, or changes the definition of a crime within 36 the meaning of Section 6 of Article XIII B of the California 37 Constitution.
0 96
ATTACHMENT 11
August 18, 2025
The Honorable Jesse Gabriel
California State Assembly
1021 0 Street, Suite 5120
Sacramento, CA 95814
The Honorable Aisha Wahab
California State Senate
1021 0 Street, Suite 7310
Sacramento, CA 95814
RE: RE: Support for SB 701 (Wahab) — Signal Jammers
Dear Senator Wahab,
On behalf of the City of Yucaipa, I write to support SB 701, which establishes state -level penalties for the possession, sale, and use of illegal signal jammers.
While federal law already prohibits signal jammers, enforcement is limited to the Federal Communications Commission and rarely reaches the local level. Criminals have taken advantage of this gap by using jammers to disable home security systems, car alarms, GPS tracking devices, and even cell phone communications during burglaries and thefts. These devices not only compromise property protection but also prevent victims from calling for help and place first responders at risk by disrupting emergency communications.
SB 701 closes this enforcement gap by empowering state and local agencies to seize devices and prosecute offenders. The bill scales penalties based on the severity of the offense, from infractions for first violations to felony charges if a jammer causes interference that results in injury or death.
This approach provides both deterrence and accountability, while ensuring exemptions remain in place for law enforcement and federally approved uses.
Our City believes SB 701 is a critical tool for protecting residents, strengthening public safety, and ensuring uninterrupted communication during emergencies. We thank you for your leadership in advancing this important legislation and are proud to support it.
Sincerely,
Jon Thorp
Mayor
City of Yucaipa
34272 Yucaipa Blvd, Yucaipa, CA 92399
909-797-2489
cc. Senator Rosalice Ochoa Bogh
Assemblyman Greg Wallis
Laura Varela, Cal Cities, Regional Public Affairs Manager League of California Cities, [email protected]
City of Yucaipa
34272 Yucaipa Blvd, Yucaipa, CA 92399
909-797-2489