Amended  IN  Senate  June 21, 2022
Amended  IN  Senate  June 13, 2022
Amended  IN  Senate  June 28, 2021
Amended  IN  Assembly  May 24, 2021
Amended  IN  Assembly  April 28, 2021

CALIFORNIA LEGISLATURE— 2021–2022 REGULAR SESSION

Assembly Bill
No. 1242

Introduced by Assembly Members Bauer-Kahan, Mia Bonta, and Cristina Garcia
(Coauthors: Assembly Members Aguiar-Curry, Boerner Horvath, Calderon, Carrillo, Cervantes, Friedman, Gabriel, Haney, Holden, Irwin, Petrie-Norris, Blanca Rubio, Akilah Weber, Wicks, and Wilson)
(Coauthors: Senators Caballero, Skinner, and Wiener)

February 19, 2021

An act to add Section 13778.2 to the Penal Code, relating to reproductive rights. rights, and declaring the urgency thereof, to take effect immediately.


LEGISLATIVE COUNSEL'S DIGEST


AB 1242, as amended, Bauer-Kahan. Reproductive rights.
Existing law includes a declaration of the Legislature that every individual possesses a fundamental right of privacy with respect to reproductive decisions, including the fundamental right to choose to bear a child or obtain an abortion. Existing law prohibits the state from denying or interfering with a woman’s fundamental right to choose to bear a child or obtain an abortion prior to viability of the fetus, as defined, or when necessary to protect her life or health.
Existing law, the Reproductive Rights Law Enforcement Act, requires the Attorney General to carry out certain functions relating to anti-reproductive-rights crimes in consultation with, among others, subject matter experts. Existing law requires all law enforcement agencies to develop, adopt, and implement written policies and standards for responding to anti-reproductive-rights calls by January 1, 2023.
This bill would prohibit a peace officer from arresting a person for performing or aiding in the performance of an abortion or for obtaining an abortion, if it falls within specified protections. The bill would prohibit law enforcement agencies from cooperating with or providing information to an individual or agency from another state regarding a lawful abortion. The bill would not prohibit the investigation of criminal activity that may involve an abortion, provided that no information relating to any medical procedure performed on a specific individual may be shared with an agency or individual from another state for the purpose of enforcing another state’s abortion law.
This bill would declare that it is to take effect immediately as an urgency statute.
Vote: MAJORITY2/3   Appropriation: NO   Fiscal Committee: YES   Local Program: NO  

The people of the State of California do enact as follows:


SECTION 1.

 Section 13778.2 is added to the Penal Code, to read:

13778.2.
 (a) A peace officer shall not arrest any person for performing or aiding in the performance of an abortion within this state, or obtaining an abortion in this state, if the abortion falls within the protections of Section 123466 of the Health and Safety Code.
(b) A peace officer shall not cooperate with or provide information to any individual or agency or department from another state regarding a lawful abortion protected under Section 123466 of the Health and Safety Code performed in this state.
(c) This section does not prohibit the investigation of any criminal activity in this state that may involve the performance of an abortion, provided that information relating to any medical procedure performed on a specific individual is not shared with an agency or individual from another state for the purpose of enforcing another state’s abortion law.

SEC. 2.

 This act is an urgency statute necessary for the immediate preservation of the public peace, health, or safety within the meaning of Article IV of the California Constitution and shall go into immediate effect. The facts constituting the necessity are:
The impending United States Supreme Court decision overturning Roe v. Wade makes it necessary to protect California’s health care providers and those seeking reproductive health care in California at the earliest time possible.