2000 Legislation Information

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One Pro-Life Bill Passed

Safe Havens for Newborns

AB 1764                      Assemblyman Ken Maddox (R-Garden Grove)

SB 1368                      Senator Jim Brulte (R-Rancho Cucamonga)

            AB 1764 and SB 1368, as introduced, would have removed penalties for abandonment of a “child 30 days old or younger,” if the parent or custodian  “voluntarily surrenders physical custody of the child to any employee [of a class designated by the agency]. . . on duty at a  police station, firehouse, social welfare office, child protective agency, or county hospital emergency room.”  Both were amended to allow surrender to an employee of “a hospital emergency room,” or to others as designated by local officials, and to be effective for only 72 hours after birth, with the possibility of regaining custody of the child within 14 days.

            Both bills passed the Legislature, and SB 1368 was signed by the Governor and became law on January 1.

Anti-Life Legislation Which Passed

Repeal of Penal Codes for Prosecution of Illegal Abortions-- passed the California Legislature and was signed by the Governor

SB 370                                    Senator John Burton (D-San Francisco)

            John Burton, the President pro tem of the Senate, gutted a bill which dealt with elder abuse, and which had already passed the Senate, and replaced it with a provision that repealed Penal Code Sections 274, 275 and 276, which allowed prosecutions for illegal abortions (generally those done by non-physicians), and solicitation for abortions not sanctioned by the 1967 Therapeutic Abortion Act. It was later amended to insert additional language in the Civil Code that seems intended to undermine the physician-only requirement of the 1967 Therapeutic Abortion Act, at least as to drug abortions.  Without the Penal Code provisions, a non-physician (say a taxidermist or a hairdresser) could do an abortion on your minor daughter with the mere fear of being prosecuted for a misdemeanor or a wobbler (at the D.A.’s discretion) under the Business and Professions Codes.

Resolution to Oppose the Federal Pain Relief Promotion Act

SJR 30                        Senator Jackie Speier (D-Hillsborough)

            Senator Jackie Speier, who has a long history of introducing resolutions regarding Congressional bills in the California Legislature-- as if they didn’t have enough to do here-- did it again.  SJR 30 sent a formal message from the Legislature of the state of California to the Congress of the United States to ask that they defeat the Pain Relief Promotion Act (PRPA).  The federal bill, which passed the House of Representatives 271-156 on October 27, 1999, and the U.S. Senate Judiciary Committee on April 27, would have ended the use of federally controlled drugs to assist suicide, while establishing programs to advance the positive alternative of good pain care.  (Senator Diane Feinstein voted against it.)  The federal bill has a long list of proponents, including medical, hospice and other organizations, but it died in the U.S. Senate under a threatened filibuster by Senator Wyden (D-Oregon).  SJR 30 passed the Senate on May 25th with the minimum 21 votes required, with only one Republican supporting it, Senator Cathie Wright, and although it almost died after failing in the Assembly Health Committee on a 7-0 vote (it needed 8) on June 27.  It later passed the Assembly and was sent to Congress.

  Anti-Life Legislation Which Failed or Was Dropped

Transforming Schools into Community Centers-- with Health Services

AB 2556                      Assemblyman Robert Hertzberg (D-Sherman Oaks)

            AB 2556 would have provided grants for “community partnerships” among schools, philanthropic organizations, non-profit organizations, and other entities to offer support services, which would include medical services.  They would be sited on school grounds or in locations that are easily accessible to schools for the use of students and their families after school hours.  The bill read that such health services “shall include case-managed health, mental health,” and other services, and may include referral services, counseling of various types, and prenatal care. 

            AB 2556 passed the Assembly 52-26 on June 1, the Senate Committee on Local Government , 4-1 on June 21, and in the Senate Education Committee 8-3 on June 28, but did not come to a vote in the Senate Appropriations Committee.

Violence Against Abortion Advocates-- A Hate Crime?

SB 1945                      Senator Deborah Ortiz (D-Sacramento)

            This ridiculous measure, originally named “The Anti-Abortion Crime Law Enforcement Act,”  (the title was subsequently dropped) would have required that local law enforcement agencies report information relative to “antiabortion crimes” to the Department of Justice, which would submit a report to the Legislature.   It defined “antiabortion crimes” to include state (commercial blockade) and federal law (FACE) regarding “access” to abortion clinics and two statutes dealing with “harassment,” and “stalking.”  It would also have required peace officer training courses to address “antiabortion crimes,” including an “understanding of common methods of committing antiabortion crimes,” after consultation with abortion rights experts.  Significantly, it would have added “volunteers” for abortion clinics to those who are protected by the state clinic access law.  SB 1945 passed the Senate Public Safety Committee on April 11 on a 5-0 vote.  It was heard in Senate Appropriations Committee on May 15.  Senator Johnston expressed some concerns about the need for police training, and the Committee sent the bill to the “suspense file,” for further consideration.  It was thereafter “held under submission” by the Senate Appropriations Committee, killing it for this session.

 Pro-Life Bills Defeated or Dropped

Fetal Vehicular Manslaughter

AB 1769                      Assemblyman Robert Pacheco (R-Walnut)

            As introduced, this bill, would have included “a fetus” in the law (Penal Code Section 191.5) that states that “gross vehicular manslaughter while intoxicated is the unlawful killing of a human being” [AB 1769 would have added “or a fetus”], allowing a cause of action for the death of an unborn child.  California homicide provisions already include a “fetus,” but since the unborn child is not included in our manslaughter provisions, it is difficult to successfully prosecute for the loss of a child in crimes that fall short of homicide. 
           Unfortunately, on March 14 the Assembly Public Safety Committee voted 3-3 to kill AB 1769 on a party line vote.  Republicans Jim Battin, Ken Maddox and Rico Oller voted in favor, Democrats  Carl Washington, Marco Firebaugh, and Gloria Romero voted against, and  Gil Cedillo and Fred Keeley were present, but did not vote. 
            Assemblyman Pacheco then amended the bill, to instead create a new felony offense for driving under the influence and causing a vehicular collision or accident that results in bodily injury (to someone other than the unborn child), that also results in the “termination of a pregnancy.”  In effect it would have added a year to the available penalty for such a conviction under current “bodily injury” provisions.  Despite the substantial revision the Democrats in the Public Safety Committee killed it on May 9 on the 3-4 vote to reconsider.  Republicans Battin, Richard Dickerson and Oller voted “yes,” Washington, Firebaugh, Keeley and Romero voted “no,” Cedillo did not vote.

Partial-Birth Abortions

SB 1827                      Senator Ray Haynes (R-Riverside)

            The Partial Birth Abortion Prohibition Act would ban partial-birth abortions in California.  A partial-birth abortion is defined, as it is in the federal proposal, as “an abortion in which the person performing the abortion deliberately and intentionally does both of the following: (a) vaginally delivers some portion of an intact living fetus until the fetus is partially outside the body of the mother, for the purpose of performing an overt act that the person knows will kill the fetus while the fetus is partially outside the body of the mother.  (b) Performs the overt act that kills the fetus while the intact living fetus is partially outside the body of the mother.”  There is a life-of-the-mother exception when her “life is endangered by a physical disorder, illness, or injury.”  A hearing was held on SB 1827 in the Senate Committee on Health and Human Services on April 26, where Frank Lojacono, M.D. testified that partial-birth abortions are unnecessary and more dangerous for the moms.  The committee, most of whom chose not to hear the expert testimony, voted 3-4 against the bill, with two not voting.  Senators Ray Haynes, Bill Morrow, and Dick Mountjoy supported the bill, and Senators Martha Escutia, Liz Figueroa, Hilda Solis, and John Vasconcellos voted against the bill.  Senators Teresa Hughes and Richard Polanco did not vote.

Parental Consent for Release From Schoolgrounds

AB 1749                      Assemblyman Howard Kaloogian (R-Carlsbad)

          This bill in its original form would have repealed the Education Code provision (46010.1) which allows that “school authorities may excuse any pupil from the school for the purpose of obtaining confidential medical services without the consent of the pupil’s  parent or guardian,” and added a provision which states that “school officials may not allow a pupil enrolled in kindergarten or any grades 1 to 12, inclusive, to leave the school campus before the end of the schoolday for any reason without written permission of the pupil’s parent or guardian.” AB 1749 was referred to the Assembly Education Committee, where a hearing on April 12 resulted in its defeat, with 6 Republicans voting for the bill and 10 Democrats voting against.  Three members did not vote.  Supporting the bill were Lynne Leach, Steve Baldwin, Bill Campbell, Robert Pacheco, Jim Battin, and Charlene Zettel.  Opposing the bill were Kerry Mazzoni, Elaine Alquist, Susan Davis, Mike Honda, George Nakano, Jack Scott, Virginia Strom-Martin, Carl Washington, Scott Wildman, and Ted Lempert.  Democrats, Tom Calderon and Lou Correa, and Republican Jim Cunneen did not vote.

Abortion Reporting Requirements

AB 2192                      Assemblyman Steve Baldwin (R-El Cajon)

            This proposal would have required that physicians report complications resulting from an abortion, including “the diagnosis and a summary of the woman’s physical symptoms,” to the county health departments within 72 hours.  The types of complications to be reported would have included those which “are manifested by symptoms with severity equal to or greater than hemorrhaging, infection, incomplete abortion, or punctured organs.”  AB 2192 was defeated in the Assembly Committee on Health on April 25, despite excellent testimony presented by public health nurse, Suzanne Bennett, who testified on behalf of California Nurses for Ethical Standards.  The lobbyist for the pro-abortion American College of Obstetricians and Gynecologists, under questioning by Assemblyman George Runner of Lancaster, once more dismissed any concern for the women or the children, comparing the risk of abortion to the removal of a mole. Three Republicans voted for AB 2192-- Patricia Bates, Dave Cox, and George Runner.  Nine Democrats opposed the bill-- Ellen Corbett, Marco Firebaugh, Martin Gallegos, Sheila Kuehl, Helen Thomson, Mike Honda, Howard Wayne, Herb Wesson, and Scott Wildman.  Two Republicans did not vote-- Sam Aanestad and Charlene Zettel. 

Sale of Baby Body Parts

AB 2202                      Assemblyman Steve Baldwin (R-El Cajon)

            This legislation focused on the current scandal of trafficking and profit in fetal body parts in California.  It would have prohibited the sale or purchase “of human embryos or fetuses or any part thereof,” which are derived from abortions.  It was heard in the Assembly Health Committee on May 9, but no vote was taken and it was “held under submission” by the committee, killing the bill for this session. 

 Conscience Provisions for Health Care Practitioners

AB 2660                      Assemblyman George House (R-Hughson)

            This bill was intended to prevent discrimination in employment  for refusal of a health care practitioner to engage in “the prescription or delivery of contraceptives, the prescription or delivery of medications required with respect to abortions, or the prescription or delivery of medications related to physician-assisted termination of human life,” or to engage in any other activities that “would be contrary to his or her religious or other personal convictions.”  AB 2660 was referred to both the Assembly Committee on Health, and to the Assembly Judiciary Committee, and a hearing was set for May 9th in the Assembly Health Committee.  Assemblyman House subsequently decided not to pursue the bill.   

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  You can access bill text, committee analyses, and votes on these bills (but not on amendments), and all others, on the Assembly or Senate Websites-- www.assembly.ca.gov or www.sen.ca.gov.  Or click here then insert the bill number.