San Diego Municipal Code Div. 15 Due Process and Safety

(“Due Process and Safety” added 4-9-2026 by O-22081 N.S.; effective 5-9-2026.)

It is the intent of this Division to demonstrate the City of San Diego’s commitment, through its actions, to ensure that City facilities, programs, and partnerships are not used to facilitate discrimination, violate constitutional rights, or support law enforcement activity that criminalizes protected personal characteristics and protected personal activity. Additionally, this Division provides clear direction to the City and its contractors to comply with state and local protections safeguarding the rights of all persons regardless of their protected personal characteristics or protected personal activity. These protections recognize fundamental rights to bodily autonomy, self-determination, privacy, freedom of expression, and equal treatment under the law.

While the City cannot shield individuals from all risks or guarantee safety in every circumstance, the City affirms its right to act within its legal authority to prevent the use of City resources, personnel, property, or partnerships to facilitate discrimination, unlawful detention, and the criminalization of identity or exercise of fundamental rights. It is the policy of the City to implement and support the requirements established in this Division and in relevant California state law. (“Purpose and Intent” added 4-9-2026 by O-22081 N.S.; effective 5-9-2026.)

For the purposes of this Division, defined terms appear in italics. The following definitions apply in this Division:

Agency, contract for services, and public works contract have the same meaning as in
San Diego Municipal Code section 22.3003.

City agreement means a contract for services, public works contract, a lease of City
property, or a grant advertised and awarded by the City after the effective date of this
Division to any person that is not an agency.

City facility means City property that the City uses for any municipal purpose where
the City exercises daily control over access to the property.

City property means real property the City owns in fee or that is leased and occupied
by the City.

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Federal law enforcement agency personnel means any employee, contractor, or agent of a department or agency of the United States government engaged in law enforcement activity.

Gender affirming health care has the same meaning as in California Welfare and Institutions Code section 16010.2(b)(3)(A), as may be amended.

Gender affirming mental health care has the same meaning as in California Welfare and Institutions Code section 16010.2(b)(3)(B), as may be amended.

ICE access has the same meaning as in California Government Code section 7283(d), as may be amended.

Immigration enforcement has the same meaning as in California Government Code section 7284.4(f), as may be amended.

Joint Law Enforcement Task Force has the same meaning as in California

Government Code section 7284.4(g), as may be amended.

Law enforcement activity means any action conducted by government personnel or any individual acting under color of law for the purpose of ensuring public safety or enforcing criminal, civil, or regulatory laws, including federal laws and laws of other states and immigration enforcement. This includes surveillance, investigation, detention, questioning, arrest, execution of warrants, collection or sharing of personal data, or facilitation of legal process such as subpoenas or transfer requests.

Non-public area means any space on real property that is not generally accessible to the public.

Out-of-state law enforcement personnel means any law enforcement agent, officer,

employee, attorney, investigator, or contractor acting under the authority of another state or its subdivisions engaged in law enforcement activity.

Private party acting under color of law enforcement authority means any individual or group not employed by a government agency who:

(a) claims, implies, or presents themselves as having legal authority to conduct
law enforcement activity;

(b) is contracted, deputized, or otherwise authorized by a federal agency or out-
of-state jurisdiction to engage in law enforcement activity within California;
or

(c) engages in surveillance, detention, questioning, or information gathering in a
manner that imitates or substitutes for official law enforcement activity.

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Protected personal activity means an action that an individual has the right to
undertake free from undue governmental interference, discrimination, or
criminalization under either federal or state law, including:

(a) making reproductive decisions;

(b) accessing or receiving reproductive healthcare services;

(c) accessing or receiving gender affirming healthcare;

(d) accessing or receiving gender affirming mental health care; or

(e) exercising their First Amendment rights, including the expression of political
or religious opinions.

Protected personal characteristic means an individual’s actual or perceived attributes
that are safeguarded from discrimination under federal or state law, including:

(a) immigration or citizenship status;

(b) disability status;

(c) gender identity, gender expression, or transgender status;

(d) sexual orientation;

(e) race, ethnicity, national origin, or language; or

(f) marital or familial status.

Reproductive healthcare services has the same meaning as in California Civil Code
section 1798.300(e), as may be amended.
(“Definitions” added 4-9-2026 by O-22081 N.S.; effective 5-9-2026.)

(a) The City Manager shall provide a written report to the City Council by the end of each fiscal year with the following information from the preceding calender year:

(1) A summary of the City’s participation in joint law enforcement task
forces as described in California Government Code section
7284.6(c)(1).

(A) The report shall include the following information in a separate
section for each joint law enforcement task force:

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(i) The purpose of the task force.

(ii) The federal, state, and local law enforcement agencies
involved.

(iii) The total number of arrests made during the reporting
period.

(iv) The number of people arrested for immigration
enforcement purposes.

(v) The number of San Diego Police Department officers
officially assigned to the joint law enforcement task
force and a general description of the types of
investigations that officers participated in that year.

(vi) The total number of San Diego Police Department
personnel hours, pre-operational briefings held at a City
facility that immediately precede law enforcement
action that involves contacting members of the public,
and total amount of City funds, including salary costs,
allocated to the joint law enforcement task force.

(vii) The number of case referrals between San Diego Police
Department and the joint law enforcement task force.

(viii) A list of the law enforcement databases or data-sharing
systems used in the course of the joint law enforcement
task force, unless such information is exempt from
public disclosure under federal or state law.

(B) The City Manager shall not include information in the report that would endanger the safety of a person involved in an investigation or the successful completion of the investigation or a related investigation, or the disclosure of which is prohibited or exempt under federal or state law.

(2) Any information required to be reported to the California Department
of Justice under California Penal Code section 13777(a)(2) and all data
and reports made publicly available under Government Code
section 12525.5(f) of the Racial and Identity Profiling Act of 2015
(RIPA). Disclosure of information under section 52.1503(a)(2) shall
be consistent with California Government Code section 12525.5(d)
and shall not result in the release of protected information, including
personally identifiable information.

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(3) A summary of any changes to federal or state law that affect the San
Diego Police Department’s ability to participate in a joint law
enforcement task force.

(4) A summary of any known law enforcement activity by federal law
enforcement agency personnel, out-of-state law enforcement
personnel, or a private party acting under color of law enforcement
authority involving any person for a protected personal characteristic
or protected personal activity within the jurisdiction of the City.
Section 52.1503(a)(4) is not intended to include investigations of
criminal activity unrelated to a protected personal characteristic or
protected personal activity when a protected personal characteristic
or protected personal activity is part of a suspect description or may be
relevant to the investigation of the underlying crime.

(5) A summary of the Transparent Review of Unjust Transfers and Holds
(TRUTH) Act forum held by the City under California Government
Code section 7283.1(d), including the place and time that the forum
was held, and a general description of the information that was
presented by the City, if during the reporting period, the City provided
ICE access to a person in the custody of the San Diego Police
Department.

(b) If the San Diego Police Department responds to a call for service related to
law enforcement activity by federal law enforcement agency personnel, out-
of-state law enforcement personnel, or a private party acting under color of
law enforcement authority where the alleged crime is a protected personal
characteristic or protected personal activity, the Chief of Police shall issue a
publicly available incident report within three business days of the response.
The report shall include:

(1) the names of all agencies present;

(2) whether a judicial warrant was presented by any agency to the San
Diego Police Department; and

(3) any available identifying information of the law enforcement
personnel involved, such as badge numbers, and agency designations,
or the private party acting under color of law enforcement authority.

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(c) If the San Diego Police Department responds to a call or cooperates with
federal law enforcement agency personnel or out-of-state law enforcement
personnel in response to an imminent threat to life or public safety where the
alleged crime is a protected personal characteristic or a protected personal
activity, the Chief of Police shall report such cooperation in writing to the City
Council within three business days.
(“Reporting Requirements” added 4-9-2026 by O-22081 N.S.; effective
5-9-2026.)

(a) Unless otherwise required by law, the City shall not:

(1) Transmit or share data related to any protected personal characteristic
or protected personal activity, unless such transmission or sharing is
necessary for law enforcement activity where the alleged criminal
activity is not a protected personal characteristic or protected
personal activity and is part of a suspect, victim, or missing person
description or is relevant to the crime being investigated.

(2) Use City monies, personnel, or resources to carry out law enforcement
activity or to assist law enforcement activity by federal law
enforcement agency personnel, out-of-state law enforcement
personnel, or a private party acting under color of law enforcement
authority where the alleged criminal activity is a protected personal
characteristic or protected personal activity. Section 52.1504(a)(2) is
not intended to prohibit investigations of criminal activity unrelated to
a protected personal characteristic or protected personal activity
when a protected personal characteristic or protected personal
activity is part of a suspect description or may be relevant to the
investigation of the underlying crime.

(3) Participate in a joint operation, task force, or patrol that involves, in
whole or in part, an immigration enforcement action or other law
enforcement activity that specifically investigates a protected personal
characteristic or protected personal activity as criminal activity.

(b) Section 52.1504 does not prohibit:

(1) the City’s participation in a joint law enforcement task force, if the
task force is not related to investigating a protected personal
characteristic or protected personal activity as criminal activity; or

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(2) cooperation with federal law enforcement agency personnel or out-of- state law enforcement personnel in response to an imminent threat to life or public safety. The City’s cooperation shall be narrowly tailored to respond to the imminent threat to life or public safety. If the alleged crime is a protected personal characteristic or protected personal activity, the City’s cooperation shall be reported in writing to the City Council as required under section 52.1503(c). (“Guidelines for Upholding Civil Rights in City Operations” added 4-9-2026 by O-22081 N.S.; effective 5-9-2026.)

(a) Federal law enforcement agency personnel, out-of-state law enforcement personnel, or a private party acting under the color of law enforcement authority shall not voluntarily be given access to any non-public area of a City facility for the purpose of carrying out law enforcement activity where the alleged criminal activity is a protected personal characteristic or protected personal activity unless access is required by statute, judicial warrant, or court order.

(b) The City Manager shall report access to non-public areas of a City facility by
any federal law enforcement agency personnel, out-of-state law enforcement
personnel, or a private party acting under color of enforcement authority for
the purposes of carrying out law enforcement activity where the alleged
criminal activity is a protected personal characteristic or protected personal
activity in writing to the City Council within three business days of the access.

(“Access to City Facilities” added 4-9-2026 by O-22081 N.S.; effective 5-9-2026.)

(a) All City agreements shall include language requiring compliance with the following:

(1) California Government Code sections 7285.1 and 7285.2, as may be
amended, regarding immigration worksite enforcement actions;

(2) California Penal Code section 13778.3, as may be amended,
prohibiting cooperation, providing information, or expending
resources in furtherance of an investigation of an individual for legally
protected health care activity;

(3) California Penal Code sections 1524.2(c) and 1546.5, as may be
amended, regarding reproductive rights;

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(4) A requirement to keep confidential any information relating to a
protected personal characteristic or protected personal activity
received or obtained through performance of the City agreement, and
prohibiting the sharing or transmitting of such information to any third
party unless required to do so under federal or state law, to perform the
City agreement, or if the City is required to provide such information;

(5) Display of public-facing signage required by section 52.1507(b) at
public entrances to facilities of contractors, vendors, lessees, or
grantees located in the City;

(6) A requirement that sections 52.1506(a)(1) through (a)(5) shall be
included in any subcontracts related to the performance of the City
agreement; and

(7) Notice to the City within five business days of any request from
federal law enforcement personnel, out-of-state law enforcement
personnel, or a private party acting under the color of law
enforcement authority for assistance with any law enforcement activity
for the purposes of carrying out law enforcement activity where the
alleged criminal activity is a protected personal characteristic or
protected personal activity.

(b) The City Council may grant exceptions to section 52.1506(a) by resolution.

(“Contractor Compliance” added 4-9-2026 by O-22081 N.S.; effective 5-9-2026.)

(a) City Facilities. The City Manager shall post signage in multiple languages, as determined by the City Manager, at public entrances to all City facilities:

“NOTICE:

This facility is protected by the San Diego Due Process and Safety Ordinance.

Non-public areas may not be accessed by federal law enforcement personnel, out-of-state law enforcement personnel, or a private party acting under the color of law enforcement for the purpose of carrying out law enforcement activity where the alleged criminal activity is a protected personal characteristic or protected personal activity unless expressly authorized by statute, judicial warrant, or court order.

All individuals have the constitutional right to decline to speak with any law enforcement personnel without legal representation.”

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(b) Contractor Facilities. The City Manager shall require any party to a City
agreement to post signage at public entrances to their facilities located in the
City containing the following language:

“NOTICE: SAN DIEGO MUNICIPAL CODE § 52.1507 REQUIRES
POSTING THE FOLLOWING:

California law (the Immigrant Worker Protection Act) prohibits an employer,
or a person acting on behalf of the employer, from providing voluntary
consent to immigration enforcement agents to enter non-public areas of the
business premises without providing a judicial warrant.

All individuals have the constitutional right to decline to speak with any such
law enforcement personnel without legal representation.”
(“Notice Requirements” added 4-9-2026 by O-22081 N.S.; effective 5-9-2026.)

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Article 2: Police — Police Regulations — Offenses Against Government