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AMENDED IN ASSEMBLY MAY 18, 2026

AMENDED IN ASSEMBLY APRIL 7, 2026

CALIFORNIA LEGISLATURE— 2025–2026 REGULAR SESSION

95

Introduced by Assembly Member Elhawary

(Coauthors: Assembly Members Calderon, Mark González, and Schultz)

February 19, 2026

An act to add Section 832.11 to the Penal Code, relating to law enforcement.

Vote: majority   Appropriation: no   Fiscal committee: yes   Local program: yes

LEGISLATIVE COUNSEL’S DIGEST

Existing law generally provides for the regulation of law enforcement agencies and requires specified law enforcement agencies to maintain policies on, among other things, use of force, hate crimes, and gun violence restraining orders. Existing law requires the Commission on Peace Officer Standards and Training to establish and keep updated a field training officer course relating to competencies of the field training program and police training program that addresses how to interact with persons with certain conditions.

This bill would make it unlawful for a law enforcement officer to deny, delay, obstruct, or fail to facilitate access to medical evaluation or treatment for an individual under law enforcement control, but who is not in the custody of, or detained in, a county jail or the state prison, by, the Department of Corrections and Rehabilitation, if it is safe and reasonable to provide access to treatment and a medical professional has been requested or is present and is willing to render care to the individual. If access to medical evaluation or treatment is denied or delayed when a medical professional is present and is willing to assist, the bill would require law enforcement to document the basis of the denial within 72 hours of the incident, as specified. The bill would authorize administrative discipline, including suspension or termination, against a law enforcement officer who violates those provisions. By creating a new crime and by increasing the duties on local law enforcement relating to reporting, the 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 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.

The people of the State of California do enact as follows:

SECTION 1.

Section 832.11 is added to the Penal Code, to read:

832.11.

(a) For the purposes of this section, the following definitions apply:

(1) “Law enforcement” means any federal, state, or local law enforcement, acting under the color of the law, to the extent permitted by federal law.

(2) “Medical professional” means an individual who is qualified by education, training, licensure, or regulation to perform a professional medical service within their scope of practice.

(b) (1) It shall be unlawful for any law enforcement officer to deny, delay, obstruct, or fail to facilitate access to medical evaluation or treatment for an individual under law enforcement control if it is safe and reasonable to provide access to the treatment and a medical professional has been requested or is present and is willing to render care to the individual.

(2) This subdivision does not apply to an individual in the custody of, or detained in, a county jail or the state prison. by, the Department of Corrections and Rehabilitation.

(c) (1) To the extent documenting the incident does not compromise an ongoing criminal investigation or officer safety, if access to medical evaluation or treatment is denied or delayed when a medical professional is present and is willing to assist, law enforcement shall document the basis for the denial within 72 hours of the incident and include the following information:

(A) The basis for denial or delay.

(B) A detailed incident narrative that includes, but is not limited to, time of the incident, location of the incident, and personnel involved in the incident.

(C) Any available supporting evidence, including body-worn camera footage, radio transmissions, or written incident reports.

(2) Reporting pursuant to this subdivision shall be provided to the relevant civilian oversight body responsible for reviewing law enforcement conduct, conduct or the Office of the Inspector General, or the Attorney General.

(d) Failure to comply with subdivision (b) or (c) may result in administrative discipline, including suspension or termination.

SEC. 2.

No reimbursement is required by this act pursuant to Section 6 of Article XIIIB of the California Constitution for certain costs that may be incurred by a local agency or school district because, in that regard, this act creates a new crime or infraction, eliminates a crime or infraction, or changes the penalty for a crime or infraction, within the meaning of Section 17556 of the Government Code, or changes the definition of a crime within the meaning of Section 6 of Article XIIIB of the California Constitution.

However, if the Commission on State Mandates determines that this act contains other costs mandated by the state, reimbursement to local agencies and school districts for those costs shall be made pursuant to Part 7 (commencing with Section 17500) of Division 4 of Title 2 of the Government Code.