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    AB-1108
    Justice & Public Safety

    County officers: coroners: in-custody deaths.

    Enrolled
    CA
    ∙
    2025-2026 Regular Session
    0
    0
    Track
    Track

    Key Takeaways

    • Establishes the FACTS Act to require independent determinations of in-custody deaths.
    • Requires annual agreements with independent coroners or private providers by 2027.
    • Shifts authority by prohibiting sheriffs from deciding in-custody deaths and using independents.
    • Requires findings to match and be shared with officials and the decedent's next of kin.

    Summary

    Assembly Member Hart, joined by Coauthor Sharp-Collins, anchors AB 1108 in a framework that separates in-custody death determinations from the sheriff-coroner in counties where those offices are combined, instituting the Forensic Accountability, Custodial Transparency, and Safety Act of 2025. Beginning January 1, 2027, the sheriff-coroner in such counties may not determine the circumstances, manner, or cause of death for in-custody deaths; instead, those determinations must be made by independent coroners or medical examiners from other counties or by private third-party medical examination providers that meet specified qualifications, under annual service agreements entered by the county board of supervisors. The independent providers must operate without influence from the sheriff-coroner’s office, and their findings must align with the death certificate and be delivered to the sheriff-coroner, district attorney, county health officer, and board of supervisors, as well as the decedent’s next of kin.

    The measure adds a new statutory pathway for independent determinations alongside the current autopsy framework. It directs the county to contract with one or more independent coroner offices or offices of medical examiner from other counties, or with private providers that meet physician-qualification standards, to determine the circumstances, manner, and cause of death in in-custody cases. A private provider under contract may not handle non-in-custody cases during the term of the contract. The existing definition of “in-custody death” expands to include deaths within sheriff-coroner jurisdiction during detention or arrest processes and certain cases involving federal detention or immigration enforcement requests. The amendments also preserve the requirement that forensic autopsies be conducted by licensed physicians and surgeons, while creating a transition provision that allows independent examinations to operate in lieu of county determinations beginning in 2027.

    Findings accompanying the bill state that a substantial portion of California’s counties consolidate sheriff and coroner functions, creating potential conflicts of interest in in-custody death investigations, and the act asserts that independence in medical examination is a matter of statewide concern. The legislation establishes that these provisions apply to all counties, including charter counties, and contemplates cost considerations through a state-mandated local program framework, with reimbursement procedures to be triggered if the Commission on State Mandates determines mandated costs.

    Implementation requires local procurement and governance actions, notably annual service agreements with eligible providers and the maintenance of independence from the sheriff-coroner’s office in performing determinations. The bill also sets reporting expectations for the dissemination of findings and defines a broad set of cases encompassed by “in-custody death,” influencing the pool of cases subject to independent determinations. Fiscal implications hinge on local contract costs and potential state mandate reimbursements, with no explicit new state appropriation included in the text. Together, the provisions lay out a transitional path toward independent determinations in in-custody deaths and align autopsy-related procedures with the new framework starting in 2027.

    Key Dates

    Vote on Assembly Floor
    Assembly Floor
    Vote on Assembly Floor
    AB 1108 Hart Concurrence in Senate Amendments
    Vote on Senate Floor
    Senate Floor
    Vote on Senate Floor
    Assembly 3rd Reading AB1108 Hart et al. By Limón
    Senate Appropriations Hearing
    Senate Committee
    Senate Appropriations Hearing
    Do pass
    Senate Appropriations Hearing
    Senate Committee
    Senate Appropriations Hearing
    Placed on suspense file
    Senate Local Government Hearing
    Senate Committee
    Senate Local Government Hearing
    Do pass as amended, but first amend, and re-refer to the Committee on [Appropriations]
    Senate Public Safety Hearing
    Senate Committee
    Senate Public Safety Hearing
    Do pass, but first be re-referred to the Committee on [Local Government]
    Vote on Assembly Floor
    Assembly Floor
    Vote on Assembly Floor
    AB 1108 Hart Assembly Third Reading
    Assembly Appropriations Hearing
    Assembly Committee
    Assembly Appropriations Hearing
    Do pass as amended
    Assembly Local Government Hearing
    Assembly Committee
    Assembly Local Government Hearing
    Do pass and be re-referred to the Committee on [Appropriations]
    Assembly Public Safety Hearing
    Assembly Committee
    Assembly Public Safety Hearing
    Do pass as amended and be re-referred to the Committee on [Local Government]
    Introduced
    Assembly Floor
    Introduced
    Read first time. To print.

    Contacts

    Profile
    Gregg HartD
    Assemblymember
    Bill Author
    Not Contacted
    Not Contacted
    Profile
    LaShae Sharp-CollinsD
    Assemblymember
    Bill Author
    Not Contacted
    Not Contacted
    0 of 2 row(s) selected.
    Page 1 of 1
    Select All Legislators
    Profile
    Gregg HartD
    Assemblymember
    Bill Author
    Profile
    LaShae Sharp-CollinsD
    Assemblymember
    Bill Author

    Get Involved

    Act Now!

    Email the authors or create an email template to send to all relevant legislators.

    Introduced By

    Gregg Hart
    Gregg HartD
    California State Assembly Member
    Co-Author
    LaShae Sharp-Collins
    LaShae Sharp-CollinsD
    California State Assembly Member
    70% progression
    Bill has passed both houses in identical form and is being prepared for the Governor (9/13/2025)

    Latest Voting History

    View History
    September 13, 2025
    PASS
    Assembly Floor
    Vote on Assembly Floor
    AyesNoesNVRTotalResult
    710980PASS

    Key Takeaways

    • Establishes the FACTS Act to require independent determinations of in-custody deaths.
    • Requires annual agreements with independent coroners or private providers by 2027.
    • Shifts authority by prohibiting sheriffs from deciding in-custody deaths and using independents.
    • Requires findings to match and be shared with officials and the decedent's next of kin.

    Get Involved

    Act Now!

    Email the authors or create an email template to send to all relevant legislators.

    Introduced By

    Gregg Hart
    Gregg HartD
    California State Assembly Member
    Co-Author
    LaShae Sharp-Collins
    LaShae Sharp-CollinsD
    California State Assembly Member

    Summary

    Assembly Member Hart, joined by Coauthor Sharp-Collins, anchors AB 1108 in a framework that separates in-custody death determinations from the sheriff-coroner in counties where those offices are combined, instituting the Forensic Accountability, Custodial Transparency, and Safety Act of 2025. Beginning January 1, 2027, the sheriff-coroner in such counties may not determine the circumstances, manner, or cause of death for in-custody deaths; instead, those determinations must be made by independent coroners or medical examiners from other counties or by private third-party medical examination providers that meet specified qualifications, under annual service agreements entered by the county board of supervisors. The independent providers must operate without influence from the sheriff-coroner’s office, and their findings must align with the death certificate and be delivered to the sheriff-coroner, district attorney, county health officer, and board of supervisors, as well as the decedent’s next of kin.

    The measure adds a new statutory pathway for independent determinations alongside the current autopsy framework. It directs the county to contract with one or more independent coroner offices or offices of medical examiner from other counties, or with private providers that meet physician-qualification standards, to determine the circumstances, manner, and cause of death in in-custody cases. A private provider under contract may not handle non-in-custody cases during the term of the contract. The existing definition of “in-custody death” expands to include deaths within sheriff-coroner jurisdiction during detention or arrest processes and certain cases involving federal detention or immigration enforcement requests. The amendments also preserve the requirement that forensic autopsies be conducted by licensed physicians and surgeons, while creating a transition provision that allows independent examinations to operate in lieu of county determinations beginning in 2027.

    Findings accompanying the bill state that a substantial portion of California’s counties consolidate sheriff and coroner functions, creating potential conflicts of interest in in-custody death investigations, and the act asserts that independence in medical examination is a matter of statewide concern. The legislation establishes that these provisions apply to all counties, including charter counties, and contemplates cost considerations through a state-mandated local program framework, with reimbursement procedures to be triggered if the Commission on State Mandates determines mandated costs.

    Implementation requires local procurement and governance actions, notably annual service agreements with eligible providers and the maintenance of independence from the sheriff-coroner’s office in performing determinations. The bill also sets reporting expectations for the dissemination of findings and defines a broad set of cases encompassed by “in-custody death,” influencing the pool of cases subject to independent determinations. Fiscal implications hinge on local contract costs and potential state mandate reimbursements, with no explicit new state appropriation included in the text. Together, the provisions lay out a transitional path toward independent determinations in in-custody deaths and align autopsy-related procedures with the new framework starting in 2027.

    70% progression
    Bill has passed both houses in identical form and is being prepared for the Governor (9/13/2025)

    Key Dates

    Vote on Assembly Floor
    Assembly Floor
    Vote on Assembly Floor
    AB 1108 Hart Concurrence in Senate Amendments
    Vote on Senate Floor
    Senate Floor
    Vote on Senate Floor
    Assembly 3rd Reading AB1108 Hart et al. By Limón
    Senate Appropriations Hearing
    Senate Committee
    Senate Appropriations Hearing
    Do pass
    Senate Appropriations Hearing
    Senate Committee
    Senate Appropriations Hearing
    Placed on suspense file
    Senate Local Government Hearing
    Senate Committee
    Senate Local Government Hearing
    Do pass as amended, but first amend, and re-refer to the Committee on [Appropriations]
    Senate Public Safety Hearing
    Senate Committee
    Senate Public Safety Hearing
    Do pass, but first be re-referred to the Committee on [Local Government]
    Vote on Assembly Floor
    Assembly Floor
    Vote on Assembly Floor
    AB 1108 Hart Assembly Third Reading
    Assembly Appropriations Hearing
    Assembly Committee
    Assembly Appropriations Hearing
    Do pass as amended
    Assembly Local Government Hearing
    Assembly Committee
    Assembly Local Government Hearing
    Do pass and be re-referred to the Committee on [Appropriations]
    Assembly Public Safety Hearing
    Assembly Committee
    Assembly Public Safety Hearing
    Do pass as amended and be re-referred to the Committee on [Local Government]
    Introduced
    Assembly Floor
    Introduced
    Read first time. To print.

    Latest Voting History

    View History
    September 13, 2025
    PASS
    Assembly Floor
    Vote on Assembly Floor
    AyesNoesNVRTotalResult
    710980PASS

    Contacts

    Profile
    Gregg HartD
    Assemblymember
    Bill Author
    Not Contacted
    Not Contacted
    Profile
    LaShae Sharp-CollinsD
    Assemblymember
    Bill Author
    Not Contacted
    Not Contacted
    0 of 2 row(s) selected.
    Page 1 of 1
    Select All Legislators
    Profile
    Gregg HartD
    Assemblymember
    Bill Author
    Profile
    LaShae Sharp-CollinsD
    Assemblymember
    Bill Author