Bill Text: CA AB1666 | 2021-2022 | Regular Session | Amended

NOTE: There are more recent revisions of this legislation. Read Latest Draft

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Bill Title: Abortion: civil actions.

Spectrum: Partisan Bill (Democrat 43-0)

Status: (Passed) 2022-06-24 - Chaptered by Secretary of State - Chapter 42, Statutes of 2022. [AB1666 Detail]

Download: California-2021-AB1666-Amended.html

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Amended  IN  Assembly  March 16, 2022

CALIFORNIA LEGISLATURE— 2021–2022 REGULAR SESSION

Assembly Bill

No. 1666

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Introduced by Assembly Member Bauer-Kahan
(Coauthors: Assembly Members Boerner Horvath, Mia Bonta, Calderon, Carrillo, Cristina Garcia, Irwin, Quirk-Silva, Luz Rivas, and Akilah Weber)
(Coauthors: Senators Leyva, Limón, and Wiener)

January 19, 2022

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An act to add Section 123469 to the Health and Safety Code, relating to abortion.

LEGISLATIVE COUNSEL'S DIGEST

AB 1666, as amended, Bauer-Kahan. Abortion: civil actions.

Existing law provides that every individual possesses a fundamental right of privacy with respect to their personal reproductive decisions. Existing law prohibits the state from denying or interfering with the right to choose or obtain an abortion before the fetus is viable, or when the abortion is necessary to protect the life or health of the pregnant person. Existing law requires an abortion to be performed by a specified licensed or certified health care provider, and prohibits an abortion from being performed on a viable fetus if continuation of the pregnancy did not pose a risk to the life or health of the pregnant person.

The United States Constitution generally requires a state to give full faith and credit to the public acts, records, and judicial proceedings of every other state. Existing law sets forth procedures by which a person may enforce a judgment for the payment of money issued by the court of a state other than California.

This bill would declare another state’s law authorizing a civil action against a person who or entity that receives or seeks, performs or induces, or aids or abets the performance of an abortion, or who attempts or intends to engage in those actions, to be contrary to the public policy of this state. The bill would prohibit the application of that law to a case or controversy heard in state court, and would prohibit the enforcement or satisfaction of a civil judgment received under that law. The bill would declare these provisions to be severable.

Digest Key

Vote: MAJORITY   Appropriation: NO   Fiscal Committee: NO   Local Program: NO  

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Bill Text

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

SECTION 1.

 Section 123469 is added to the Health and Safety Code, to read:

123469.

 (a) A law of another state that authorizes a person to bring a civil action against a person who or entity that does any of the following is contrary to the public policy of this state:

(1) Receives or seeks an abortion.

(2) Performs or induces an abortion.

(3) Knowingly engages in conduct that aids or abets the performance or inducement of an abortion.

(4) Attempts or intends to engage in the conduct described in paragraphs (1) to (3), inclusive.

(b) The state shall not do either of the following:

(1) Apply a law described in subdivision (a) to a case or controversy heard in state court.

(2) Enforce or satisfy a civil judgment received through an adjudication under a law described in subdivision (a).

(c) The provisions of this section are severable. If any provision of this section or its application is held invalid, that invalidity shall not affect other provisions or applications that can be given effect without the invalid provision or application.