How does the affidavit requirement for out-of-state subpoenas differ from federal investigations under AB 1930?

Short answer

Under Assembly Bill 1930, civil, criminal, or regulatory requests from other states must generally include a sworn affidavit to be valid for compliance. This affidavit requirement explicitly does not apply to investigations issued by federal agencies. Despite this difference in paperwork, the bill restricts California entities from complying with both state and federal requests unless specific legal conditions are met.

What the bill or law says

The proposed legislation adds Section 1798.309 to the California Civil Code. It prohibits persons or entities in California from complying with out-of-state or federal investigations seeking information about abortion or gender-affirming care that is legal in California. <a href="https://legiscan.com/CA/text/AB1930/id/3452164">Section 2 of the amended bill text</a> outlines these restrictions.

For out-of-state requests, compliance is only permitted if a court orders it or if the request includes an affidavit under penalty of perjury. This affidavit must state that the request is not related to imposing liability for lawful care or identify specific California laws making the activity unlawful. The text explicitly notes that this affidavit requirement does not apply to investigations issued by federal agencies. <a href="https://leginfo.legislature.ca.gov/faces/billTextClient.xhtml?bill_id=202520260AB1930#95AMD">The legislative counsel’s digest</a> confirms these procedural distinctions.

How it works in practice

If a California entity receives a subpoena from another state, they must check for the required affidavit. Without it, and without a court order, they cannot comply. For federal agencies, the entity does not need to look for this specific affidavit because the requirement is waived for federal investigations.

However, the waiver of the affidavit requirement does not mean automatic compliance with federal requests. The general prohibition on sharing information about legally protected care still applies. Compliance with federal requests is only permitted if a court of competent jurisdiction orders it. In all cases, recipients must notify the California Attorney General within seven days and attempt to notify the affected individuals 30 days before providing any information.

What the source does not answer

The provided text does not explain how courts will determine if a federal investigation warrants a compliance order in the absence of an affidavit. It also does not detail the specific legal standards judges might use to evaluate federal requests compared to state requests. Additionally, the sources do not clarify how technology companies will technically distinguish between different types of federal agency investigations in their automated compliance systems.

Sources

  • <a href="https://leginfo.legislature.ca.gov/faces/billStatusClient.xhtml?bill_id=202520260AB1930">Official California Legislative Information page for AB 1930</a>
  • <a href="https://legiscan.com/CA/text/AB1930/id/3452164">Amended bill text (July 2, 2026)</a>
  • <a href="https://leginfo.legislature.ca.gov/faces/billTextClient.xhtml?bill_id=202520260AB1930#95AMD">Legislative Counsel’s Digest and bill history</a>