June 23, 2022
California Federation of Republican Women
Janet Price, President
Submitted by the CFRW Legislative Analyst Committee
Karen Contreras, Gretchen Cox, Elaine Freeman,
Theresa Speake, and Cheryl Sullivan
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OTHER ABORTION BILLS TO OPPOSE IN ADDITION TO SCA-10
AB-2223 – Reproductive Health – Existing law requires a county coroner to hold inquests to inquire into and determine the circumstance, manner, and cause of violent, sudden, or unusual deaths, including deaths related to or following known or suspected self-induced or criminal abortion. Existing law requires a coroner to register a fetal death after 20 weeks of gestation, unless it is the result of legal abortion. If a physician was not in attendance at the delivery of the fetus, existing law requires the fetal death to be handled as a death without medical attendance. Existing law requires the coroner to state on the certificate of fetal death the time of fetal death, the direct causes of the fetal death, and the conditions, if any, that gave rise to these causes.
This bill would DELETE, the requirement that a coroner hold inquests for deaths related to or following known or suspected self-induced or criminal abortion, and would delete the requirement that an unattended fetal death be handled as a death without medical attendance. This bill would prohibit using the coroner’s statements on the certificate of fetal death to establish, bring or support a criminal prosecution or civil cause of damages against any person. IT IS INTERPRETED THAT THIS ALLOWS FOR INFANTICIDE ALONG WITH OTHER PORTIONS OF THE BILL.
Existing law, the Reproductive Privacy Act, provides that every individual possesses a fundamental right of privacy with respect to their personal reproductive decisions. Existing law prohibits the State from interfering with a pregnant person’s right to choose or obtain an abortion before the fetus is viable or when it is necessary to protect the life and health of the pregnant person. Under existing law, an abortion is unauthorize if either the person performing the abortion is not a health care prouder that is authorized to perform an abortion or the fetus is viable.
Existing law, the Tom Bane Civil Rights Act, authorizes an individual whose exercise or enjoyment of rights secured by the Constitution or laws of the United States or of rights secured by the Constitution or laws of this state, has been interfered with or attempts to be interfered with, to institute or prosecute in their own name and on their own behalf an action for damages, as prescribed.
This bill will prohibit a person from being subject to civil or criminal liability, or otherwise deprived of their rights, based on their actions or commissions with respect to their pregnancy or actual, potential, or alleged pregnancy outcome or based solely on their actions to aid or assist a pregnant person who is exercising their reproductive rights. The bill would clarify that an abortion is unauthorized if performed by a person other than the pregnant person and either the person performing the abortion is not a health care provider that is authorized to perform an abortion or the fetus is viable.
The bill would authorize a party aggrieved by a violation of the Reproductive Privacy Act to bring a civil action against an offending State actor, as specified, and would require a court, upon a motion, to award reasonable attorney’s fees and costs to a prevailing plaintiff. The bill would also authorize a person aggrieved by a violation of the Reproductive Privacy Act to bring a civil action pursuant to the Tom Bane Civil Rights Act. This bill would provide for the indemnification of employees or former employees of public agencies who were acting within the scope of their employment.
SB-1142 – Abortion Services – Existing law, the Reproductive Privacy Act, prohibits the state from denying or interfering with a person’s right to choose or obtain an abortion prior to viability of the fetus, or when the abortion is necessary to protect the life or health of the person (you notice no reference to mother). The act defines “abortion” as a medical treatment intended to induce the termination of a pregnancy except for the purpose of producing a live birth. Existing law establishes the Commission on the Status of Women and Girls. Existing law requires the commission to study certain policy areas, as described, for the purpose of examining any laws, practices or conditions concerning or affecting women and girls which impose special limitations or burdens upon them or upon society, or which limit or tend to limit opportunities available to women and girls.
This bill would require the California Health and Human Services or an entity designated by the agency, to establish an internet website where the public can find information on abortion services in the state. The bill would require the agency to also develop, implement, and update as necessary, a statewide educational and outreach campaign to inform the public on how to access abortion services in the state.
The bill would establish the Abortion Practical Support Fund and would require the commission to administer the Abortion Practical Support Fund for the purpose of providing grants, upon appropriation by the Legislature, to assist pregnant people who are low income or face other financial barriers with access to abortions in California, and for research to support equitable access to abortion. (You will note that there is no language that stipulates this is for California citizens, so it would apply to anyone who wants to have an abortion in California).
For further information on any of the bills mentioned here, click on the bill # highlighted in the body of the above articles.
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