Bill Commons

CA AB 45

enacted

Privacy: health data: location and research.

California · 2025-2026 Regular Session · lower

Quick answers

Did CA AB 45 pass?

Yes. CA AB 45 has been enacted into law as of 2025-09-26. Latest recorded action (2025-09-26): Chaptered by Secretary of State - Chapter 134, Statutes of 2025.

What is CA AB 45 about?

Existing law prohibits a person or business, as defined, from collecting, using, disclosing, or retaining the personal information of a person who is physically located at, or within a precise geolocation of, a family planning center, as defined, except as necessary to perform the services or provide the goods requested and prohibits a person or business from selling or sharing this personal information. Existing law authorizes an aggrieved person or entity to institute and prosecute a civil action against a person or business for a violation of these provisions and specifies the damages and costs authorized to be recovered. This bill would recast the above-described provisions, and instead prohibit the collection, use, disclosure, sale, sharing, or retention of the personal information of a natural person who is physically located at, or within a precise geolocation of, a family planning center, except under certain circumstances, including, among others, for the collection or use as necessary to perform the services or provide the goods requested. The bill would also provide that these provisions do not alter applicable law regarding use by a law enforcement agency, as defined, of personal information generated by an electronic monitoring device. The bill would authorize an aggrieved person to institute and prosecute a civil action against a natural person, association, proprietorship, corporation, trust, foundation, partnership, or any other organization or group of people acting in concert for a violation of these provisions. The bill would also make other nonsubstantive changes. This bill would, subject to specified exceptions, prohibit geofencing, or selling or sharing personal information with a third party to geofence, as defined, an entity that provides in-person health care services in California for specified purposes, and would prohibit the use of personal information obtained in violation of this provision. The bill would provide that violators are subject to an injunction and liable for a civil penalty assessed and recovered in a civil action brought by the Attorney General, and deposited in the California Reproductive Justice and Freedom Fund. The bill would require those penalties to be awarded by the State Department of Public Health for grants to implement a program or to fund an existing program that provides and promotes medically accurate and comprehensive reproductive and sexual health education, as provided. The bill would also provide that a statement signed under penalty of perjury, as specified, that the personal information will not be used for selling or sharing personal information in violation of these geofencing provisions is prima facie evidence that the personal information was not sold or shared in violation of these geofencing provisions. By expanding the crime of perjury, this bill would impose a state-mandated local program. Existing law, the Confidentiality of Medical Information Act (CMIA) , generally prohibits a provider of health care, a health care service plan, or a contractor from disclosing medical information regarding a patient, enrollee, or subscriber without first obtaining an authorization, unless a specified exception applies. The CMIA prohibits a provider of health care, a health care service plan, a contractor, or an employer from releasing medical information that would identify an individual or related to an individual seeking or obtaining an abortion in response to a subpoena or a request or to law enforcement if that subpoena, request, or the purpose of law enforcement for the medical information is based on, or for the purpose of enforcement of, either another state's laws that interfere with a person's rights to choose or obtain an abortion or a foreign penal civil action. This bill would, similar to the provisions of the CMIA, prohibit the release of research records, in a personally identifying form, developed or acquired by a person in the course of conducting research relating to anyone seeking or obtaining health care services, or relating to personal information, in response to a subpoena or a request or to law enforcement if that subpoena, request, or the purpose of law enforcement for the medical information is based on, or for the purpose of enforcement of, either another state's laws that interfere with a person's rights to choose or obtain an abortion or a foreign penal civil action. 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.

Who sponsors CA AB 45?

Bauer-Kahan is the primary sponsor of CA AB 45, joined by 8 cosponsors.

Description

Existing law prohibits a person or business, as defined, from collecting, using, disclosing, or retaining the personal information of a person who is physically located at, or within a precise geolocation of, a family planning center, as defined, except as necessary to perform the services or provide the goods requested and prohibits a person or business from selling or sharing this personal information. Existing law authorizes an aggrieved person or entity to institute and prosecute a civil action against a person or business for a violation of these provisions and specifies the damages and costs authorized to be recovered. This bill would recast the above-described provisions, and instead prohibit the collection, use, disclosure, sale, sharing, or retention of the personal information of a natural person who is physically located at, or within a precise geolocation of, a family planning center, except under certain circumstances, including, among others, for the collection or use as necessary to perform the services or provide the goods requested. The bill would also provide that these provisions do not alter applicable law regarding use by a law enforcement agency, as defined, of personal information generated by an electronic monitoring device. The bill would authorize an aggrieved person to institute and prosecute a civil action against a natural person, association, proprietorship, corporation, trust, foundation, partnership, or any other organization or group of people acting in concert for a violation of these provisions. The bill would also make other nonsubstantive changes. This bill would, subject to specified exceptions, prohibit geofencing, or selling or sharing personal information with a third party to geofence, as defined, an entity that provides in-person health care services in California for specified purposes, and would prohibit the use of personal information obtained in violation of this provision. The bill would provide that violators are subject to an injunction and liable for a civil penalty assessed and recovered in a civil action brought by the Attorney General, and deposited in the California Reproductive Justice and Freedom Fund. The bill would require those penalties to be awarded by the State Department of Public Health for grants to implement a program or to fund an existing program that provides and promotes medically accurate and comprehensive reproductive and sexual health education, as provided. The bill would also provide that a statement signed under penalty of perjury, as specified, that the personal information will not be used for selling or sharing personal information in violation of these geofencing provisions is prima facie evidence that the personal information was not sold or shared in violation of these geofencing provisions. By expanding the crime of perjury, this bill would impose a state-mandated local program. Existing law, the Confidentiality of Medical Information Act (CMIA) , generally prohibits a provider of health care, a health care service plan, or a contractor from disclosing medical information regarding a patient, enrollee, or subscriber without first obtaining an authorization, unless a specified exception applies. The CMIA prohibits a provider of health care, a health care service plan, a contractor, or an employer from releasing medical information that would identify an individual or related to an individual seeking or obtaining an abortion in response to a subpoena or a request or to law enforcement if that subpoena, request, or the purpose of law enforcement for the medical information is based on, or for the purpose of enforcement of, either another state's laws that interfere with a person's rights to choose or obtain an abortion or a foreign penal civil action. This bill would, similar to the provisions of the CMIA, prohibit the release of research records, in a personally identifying form, developed or acquired by a person in the course of conducting research relating to anyone seeking or obtaining health care services, or relating to personal information, in response to a subpoena or a request or to law enforcement if that subpoena, request, or the purpose of law enforcement for the medical information is based on, or for the purpose of enforcement of, either another state's laws that interfere with a person's rights to choose or obtain an abortion or a foreign penal civil action. 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.

Introduced
2025-03-28
Latest action
2025-09-26 — Chaptered by Secretary of State - Chapter 134, Statutes of 2025.
Bill type
bill
Last updated

Subjects

Sponsors

  • Bauer-Kahanauthor
  • Kalracoauthor
  • Pellerincoauthor
  • Ransomcoauthor
  • Harabediancoauthor
  • Stefanicoauthor
  • Wilsoncoauthor
  • Zburcoauthor
  • Schiavocoauthor

Committees

Not provided by source.

Action timeline

  1. 2024-12-02

    Read first time. To print.

    reading-1

  2. 2024-12-03

    From printer. May be heard in committee January 2.

  3. 2025-03-28

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

    amendment-introduction,amendment-passage,committee-passage,reading-1,reading-2,referral-committee

  4. 2025-03-28

    Referred to Coms. on P. & C.P. and JUD.

    referral-committee

  5. 2025-04-01

    Re-referred to Com. on P. & C.P.

    referral-committee

  6. 2025-04-09

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

    amendment-introduction,amendment-passage,committee-passage,reading-1,reading-2,referral-committee

  7. 2025-04-10

    Re-referred to Com. on P. & C.P.

    referral-committee

  8. 2025-04-23

    Coauthors revised.

  9. 2025-04-23

    From committee: Do pass and re-refer to Com. on JUD. (Ayes 10. Noes 2.) (April 22). Re-referred to Com. on JUD.

    committee-passage,committee-passage-favorable,referral-committee

  10. 2025-04-30

    From committee: Do pass and re-refer to Com. on APPR. (Ayes 9. Noes 2.) (April 29). Re-referred to Com. on APPR.

    committee-passage,committee-passage-favorable,referral-committee

  11. 2025-04-30

    Coauthors revised.

  12. 2025-05-07

    In committee: Set, first hearing. Referred to APPR. suspense file.

    referral-committee

  13. 2025-05-23

    From committee: Do pass. (Ayes 11. Noes 2.) (May 23).

    committee-passage,committee-passage-favorable

  14. 2025-05-27

    Read second time. Ordered to third reading.

    reading-1,reading-2,reading-3

  15. 2025-06-03

    Read third time. Passed. Ordered to the Senate. (Ayes 63. Noes 11. Page 2022.)

    passage,reading-1,reading-3

  16. 2025-06-04

    In Senate. Read first time. To Com. on RLS. for assignment.

    reading-1,referral-committee

  17. 2025-06-18

    Referred to Com. on JUD.

    referral-committee

  18. 2025-07-16

    From committee: Do pass and re-refer to Com. on APPR. (Ayes 11. Noes 1.) (July 15). Re-referred to Com. on APPR.

    committee-passage,committee-passage-favorable,referral-committee

  19. 2025-08-18

    In committee: Referred to suspense file.

    referral-committee

  20. 2025-08-29

    Read second time. Ordered to third reading.

    reading-1,reading-2,reading-3

  21. 2025-08-29

    From committee: Do pass. (Ayes 5. Noes 2.) (August 29).

    committee-passage,committee-passage-favorable

  22. 2025-09-05

    Read third time and amended. Ordered to second reading.

    amendment-passage,reading-1,reading-2,reading-3

  23. 2025-09-08

    Read second time. Ordered to third reading.

    reading-1,reading-2,reading-3

  24. 2025-09-09

    Read third time and amended. Ordered to second reading.

    amendment-passage,reading-1,reading-2,reading-3

  25. 2025-09-09

    Joint Rule 61(a)(13) suspended. (Ayes 28. Noes 8. Page 2568.)

  26. 2025-09-10

    Read second time. Ordered to third reading.

    reading-1,reading-2,reading-3

  27. 2025-09-12

    Read third time. Passed. Ordered to the Assembly. (Ayes 29. Noes 9. Page 2990.).

    passage,reading-1,reading-3

  28. 2025-09-12

    In Assembly. Concurrence in Senate amendments pending.

  29. 2025-09-13

    Joint Rules 61(a)(14) and 51(a)(4) suspended. (Ayes 59. Noes 20. Page 3413.)

  30. 2025-09-13

    Senate amendments concurred in. To Engrossing and Enrolling. (Ayes 61. Noes 12. Page 3469.).

    amendment-passage,committee-passage,committee-passage-favorable

  31. 2025-09-24

    Enrolled and presented to the Governor at 3 p.m.

    executive-receipt

  32. 2025-09-26

    Approved by the Governor.

    executive-signature

  33. 2025-09-26

    Chaptered by Secretary of State - Chapter 134, Statutes of 2025.

    became-law

Versions

  • 12/02/24 - Introduced — 2024-12-02Compare
  • 03/28/25 - Amended Assembly — 2025-03-28Compare
  • 04/09/25 - Amended Assembly — 2025-04-09Compare
  • 09/05/25 - Amended Senate — 2025-09-05Compare
  • 09/09/25 - Amended Senate — 2025-09-09Compare
  • 09/16/25 - Enrolled — 2025-09-16Compare
  • 09/26/25 - Chaptered — 2025-09-26Compare
  • AB45Compare
  • (document, no version)Compare

Documents

Votes

  • Do pass and be re-referred to the Committee on [Judiciary]

    2025-04-22 · pass · 10-2

    Member-level votes (15)
    • Petrie-Norris: yes
    • Lowenthal: yes
    • Irwin: yes
    • Wicks: yes
    • Bryan: yes
    • Bauer-Kahan: yes
    • Ortega: yes
    • McKinnor: yes
    • Pellerin: yes
    • Ward: yes
    • Macedo: no
    • DeMaio: no
    • Wilson: other
    • Patterson: other
    • Dixon: other
  • Do pass and be re-referred to the Committee on [Appropriations]

    2025-04-29 · pass · 9-2

    Member-level votes (12)
    • Papan: yes
    • Zbur: yes
    • Connolly: yes
    • Bauer-Kahan: yes
    • Harabedian: yes
    • Stefani: yes
    • Bryan: yes
    • Kalra: yes
    • Pacheco: yes
    • Macedo: no
    • Sanchez: no
    • Dixon: other
  • Do pass.

    2025-05-23 · pass · 11-2

    Member-level votes (15)
    • Calderon: yes
    • Elhawary: yes
    • Hart: yes
    • Mark González: yes
    • Arambula: yes
    • Pacheco: yes
    • Solache: yes
    • Caloza: yes
    • Wicks: yes
    • Pellerin: yes
    • Fong: yes
    • Ta: no
    • Tangipa: no
    • Sanchez: other
    • Dixon: other
  • AB 45 Bauer-Kahan Assembly Third Reading

    2025-06-04 · pass · 63-11

    Member-level votes (79)
    • Berman: yes
    • Zbur: yes
    • Celeste Rodriguez: yes
    • Bonta: yes
    • Blanca Rubio: yes
    • Fong: yes
    • Harabedian: yes
    • Rivas: yes
    • Elhawary: yes
    • Bauer-Kahan: yes
    • Valencia: yes
    • Wilson: yes
    • Wicks: yes
    • Bennett: yes
    • Haney: yes
    • Quirk-Silva: yes
    • Caloza: yes
    • Muratsuchi: yes
    • Soria: yes
    • Schiavo: yes
    • Ávila Farías: yes
    • Gabriel: yes
    • Mark González: yes
    • Nguyen: yes
    • Papan: yes
    • Ransom: yes
    • Bains: yes
    • Addis: yes
    • Kalra: yes
    • Lowenthal: yes
    • Solache: yes
    • Lee: yes
    • Alanis: yes
    • Ortega: yes
    • Calderon: yes
    • Patel: yes
    • Ward: yes
    • Michelle Rodriguez: yes
    • Irwin: yes
    • Krell: yes
    • Pellerin: yes
    • Sharp-Collins: yes
    • Ramos: yes
    • Bryan: yes
    • Boerner: yes
    • Davies: yes
    • Garcia: yes
    • Gipson: yes
    • McKinnor: yes
    • Stefani: yes
    • Connolly: yes
    • Alvarez: yes
    • Petrie-Norris: yes
    • Ahrens: yes
    • Wallis: yes
    • Jackson: yes
    • Schultz: yes
    • Aguiar-Curry: yes
    • Arambula: yes
    • Rogers: yes
    • Pacheco: yes
    • Hart: yes
    • Carrillo: yes
    • Ta: no
    • Sanchez: no
    • Tangipa: no
    • Ellis: no
    • Hadwick: no
    • Gallagher: no
    • Castillo: no
    • Lackey: no
    • Flora: no
    • DeMaio: no
    • Macedo: no
    • Jeff Gonzalez: other
    • Patterson: other
    • Hoover: other
    • Chen: other
    • Dixon: other
  • Do pass, but first be re-referred to the Committee on [Appropriations]

    2025-07-15 · pass · 11-1

    Member-level votes (13)
    • Caballero: yes
    • Wahab: yes
    • Ashby: yes
    • Wiener: yes
    • Laird: yes
    • Umberg: yes
    • Weber Pierson: yes
    • Stern: yes
    • Allen: yes
    • Arreguín: yes
    • Durazo: yes
    • Niello: no
    • Valladares: other
  • Placed on suspense file

    2025-08-18 · pass · 7-0

    Member-level votes (7)
    • Richardson: yes
    • Seyarto: yes
    • Caballero: yes
    • Cabaldon: yes
    • Dahle: yes
    • Wahab: yes
    • Grayson: yes
  • Do pass

    2025-08-29 · pass · 5-2

    Member-level votes (7)
    • Richardson: yes
    • Grayson: yes
    • Wahab: yes
    • Caballero: yes
    • Cabaldon: yes
    • Dahle: no
    • Seyarto: no
  • 3rd Reading AB45 Bauer-Kahan et al. By Menjivar

    2025-09-12 · pass · 29-9

    Member-level votes (40)
    • McGuire: yes
    • Becker: yes
    • Cabaldon: yes
    • Caballero: yes
    • Weber Pierson: yes
    • McNerney: yes
    • Grayson: yes
    • Umberg: yes
    • Pérez: yes
    • Padilla: yes
    • Cervantes: yes
    • Menjivar: yes
    • Wiener: yes
    • Wahab: yes
    • Laird: yes
    • Stern: yes
    • Rubio: yes
    • Richardson: yes
    • Hurtado: yes
    • Reyes: yes
    • Blakespear: yes
    • Arreguín: yes
    • Ashby: yes
    • Allen: yes
    • Smallwood-Cuevas: yes
    • Durazo: yes
    • Archuleta: yes
    • Limón: yes
    • Cortese: yes
    • Strickland: no
    • Seyarto: no
    • Niello: no
    • Valladares: no
    • Jones: no
    • Ochoa Bogh: no
    • Grove: no
    • Dahle: no
    • Alvarado-Gil: no
    • Choi: other
    • Gonzalez: other
  • AB 45 Bauer-Kahan Concurrence in Senate Amendments

    2025-09-13 · pass · 61-12

    Member-level votes (80)
    • Ahrens: yes
    • Mark González: yes
    • Quirk-Silva: yes
    • Gipson: yes
    • Rogers: yes
    • Addis: yes
    • Ward: yes
    • Hart: yes
    • Fong: yes
    • Calderon: yes
    • Elhawary: yes
    • Wilson: yes
    • Carrillo: yes
    • Bains: yes
    • Ransom: yes
    • Soria: yes
    • Michelle Rodriguez: yes
    • Berman: yes
    • Valencia: yes
    • Wicks: yes
    • Celeste Rodriguez: yes
    • Arambula: yes
    • Connolly: yes
    • Schultz: yes
    • Bauer-Kahan: yes
    • Bennett: yes
    • Papan: yes
    • Schiavo: yes
    • Bonta: yes
    • Ávila Farías: yes
    • Aguiar-Curry: yes
    • Pacheco: yes
    • Boerner: yes
    • Alvarez: yes
    • Lee: yes
    • Alanis: yes
    • Wallis: yes
    • Stefani: yes
    • Caloza: yes
    • Sharp-Collins: yes
    • Nguyen: yes
    • Ortega: yes
    • Solache: yes
    • Lowenthal: yes
    • Blanca Rubio: yes
    • Jackson: yes
    • Bryan: yes
    • Petrie-Norris: yes
    • Harabedian: yes
    • Gabriel: yes
    • Zbur: yes
    • Davies: yes
    • Pellerin: yes
    • Muratsuchi: yes
    • Krell: yes
    • Irwin: yes
    • Ramos: yes
    • Patel: yes
    • Kalra: yes
    • Rivas: yes
    • Garcia: yes
    • Johnson: no
    • Hadwick: no
    • Tangipa: no
    • Lackey: no
    • Macedo: no
    • Gallagher: no
    • Sanchez: no
    • Ta: no
    • Castillo: no
    • Ellis: no
    • Patterson: no
    • DeMaio: no
    • Dixon: other
    • Hoover: other
    • Haney: other
    • Jeff Gonzalez: other
    • Chen: other
    • McKinnor: other
    • Flora: other

Related bills

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Official source

Attribution

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