Bill Text: CA AB2336 | 2013-2014 | Regular Session | Amended
Bill Title: Abortion: gender selection.
Spectrum: Partisan Bill (Republican 8-0)
Status: (Introduced - Dead) 2014-06-05 - From committee without further action pursuant to Joint Rule 62(a). [AB2336 Detail]
Download: California-2013-AB2336-Amended.html
BILL NUMBER: AB 2336 AMENDED
BILL TEXT
AMENDED IN ASSEMBLY MAY 1, 2014
AMENDED IN ASSEMBLY MARCH 28, 2014
INTRODUCED BY Assembly Member Grove
( Coauthors: Assembly Members
Conway, Beth Gaines, Harkey,
Olsen, Melendez, and Waldron )
( Coauthor: Senator Fuller
)
FEBRUARY 21, 2014
An act to amend Section 2253 of the Business and Professions Code,
and to add Article 2.7 (commencing with Section 123470) to Chapter 2
of Part 2 of Division 106 of the Health and Safety Code, relating to
public health.
LEGISLATIVE COUNSEL'S DIGEST
AB 2336, as amended, Grove. Abortion: gender selection.
Existing law generally ensures the right of a woman to choose or
obtain an abortion, but provides that the performance of an abortion
is unauthorized under certain circumstances, including when the
abortion is performed on a viable fetus and continuation of the
pregnancy posed no risk to the life or health of the pregnant woman,
as specified.
This bill would enact the Prenatal Nondiscrimination Act. The bill
would prohibit a person from intentionally performing or attempting
to perform an abortion with knowledge that the pregnant woman is
seeking the abortion on account because
of the gender of the unborn child. The bill would provide for
injunctive relief, civil damages, and civil fines for a violation of
this provision. The bill would also prohibit the public disclosure of
the woman's identity, unless she consents to that disclosure.
Vote: majority. Appropriation: no. Fiscal committee: no.
State-mandated local program: no.
THE PEOPLE OF THE STATE OF CALIFORNIA DO ENACT AS FOLLOWS:
SECTION 1. This act shall be known and may be cited as the
Prenatal Nondiscrimination Act or PRENDA.
SEC. 2. Section 2253 of the Business and Professions Code is
amended to read:
2253. (a) Except as otherwise prohibited by Article 2.7
(commencing with Section 123470) of Chapter 2 of Part 2 of Division
106 of the Health and Safety Code, failure to comply with the
Reproductive Privacy Act (Article 2.5 (commencing with Section
123460) of Chapter 2 of Part 2 of Division 106 of the Health and
Safety Code) constitutes unprofessional conduct.
(b) (1) Except as provided in paragraph (2), a person is subject
to Section 2052 if he or she performs an abortion, and at the time of
so doing, does not have a valid, unrevoked, and unsuspended license
to practice as a physician and surgeon.
(2) A person shall not be subject to Section 2052 if he or she
performs an abortion by medication or aspiration techniques in the
first trimester of pregnancy, and at the time of so doing, has a
valid, unrevoked, and unsuspended license or certificate obtained in
accordance with the Nursing Practice Act (Chapter 6 (commencing with
Section 2700)) or the Physician Assistant Practice Act (Chapter 7.7
(commencing with Section 3500)), that authorizes him or her to
perform the functions necessary for an abortion by medication or
aspiration techniques.
(c) In order to perform an abortion by aspiration techniques
pursuant to paragraph (2) of subdivision (b), a person shall comply
with Section 2725.4 or 3502.4.
SEC. 3. Article 2.7 (commencing with Section 123470) is added to
Chapter 2 of Part 2 of Division 106 of the Health and Safety Code, to
read:
Article 2.7. Abortion: Gender Selection and Prenatal
Nondiscrimination
123470. For purposes of this article, the following definitions
shall apply:
(a) "Abortion" means the use or prescription of any instrument,
medicine, drug, or any other substance or device to terminate the
pregnancy of a woman known to be pregnant with an intention other
than to increase the probability of a live birth, to preserve the
life or health of the child after live birth, or to remove a dead
fetus who died as the result of natural causes in utero, accidental
trauma, or a criminal assault on the pregnant woman or her unborn
child.
(b) "Attempt to perform an abortion" means to do or omit to do
anything that, under the circumstances as the actor believes them to
be, is an act or omission constituting a substantial step in a course
of conduct planned to culminate in an abortion. Substantial steps
include, but are not limited to, agreeing with an individual to
perform an abortion on that individual or on some other person,
regardless of whether the term "abortion" is used in the agreement,
and regardless of whether the agreement is contingent on another
factor such as receipt of payment or a determination of pregnancy; or
scheduling or planning a time to perform an abortion on an
individual, regardless of whether the term "abortion" is used, and
regardless of whether the performance is contingent on another factor
such as receipt of payment or a determination of pregnancy. This
definition does not require that an abortion procedure actually be
initiated for an attempt to occur.
123471. A person shall not intentionally perform or attempt to
perform an abortion with knowledge that the pregnant woman is seeking
the abortion on account because of the
gender of the unborn child.
123472. (a) (1) Any of the following persons may maintain an
action against the person who performed an abortion in violation of
Section 123471:
(A) The person upon whom the abortion was performed, regardless of
that person's age.
(B) The father of the unborn child who was the subject of the
abortion that was performed.
(C) If the person upon whom the abortion was performed is a minor,
a parent, legal guardian, or grandparent of the person.
(2) No person shall be estopped from recovery in such
an action described in paragraph (1) on the
ground that either the plaintiff or the person upon whom the abortion
was performed gave consent to the abortion.
(b) If judgment is rendered in favor of the plaintiff in any
action described in this section, the person may recover ten thousand
dollars ($10,000) in punitive damages and treble actual damages. The
court shall also award reasonable attorney's fees in favor of the
plaintiff against the defendant. If judgment is rendered in favor of
the defendant and the court finds that the plaintiff's suit was
frivolous and brought in bad faith, the court may award reasonable
attorney's fees in favor of the defendant against the plaintiff. For
purposes of this section, the term "frivolous" has the same meaning
as provided in Section 128.5 of the Code of Civil Procedure.
(c) (1) A cause of action for injunctive relief against any person
who has knowingly violated this section may be maintained by the
female upon whom an abortion was performed or attempted to be
performed in violation of this section, by a person who is the
spouse, parent, sibling, or guardian of, or a current or former
licensed health care provider of, the female upon whom an abortion
has been performed or attempted to be performed in violation of this
act, by or a prosecuting attorney with appropriate
jurisdiction, or by the Attorney General. The injunction shall
prevent the abortion provider from performing further abortions in
violation of this section in this state.
(2) A person who knowingly violates the terms of an injunction
issued in accordance with this section shall be subject to civil
contempt, and shall be fined ten thousand dollars ($10,000) for the
first violation, fifty thousand dollars ($50,000) for the second
violation, one hundred thousand dollars ($100,000) for the third
violation, and for each succeeding violation an amount in excess of
one hundred thousand dollars ($100,000) determined by the court to be
an amount sufficient to deter future violations. The fines shall be
the exclusive penalties for the contempt. Each performance or
attempted performance of an abortion in violation of the terms of an
injunction is a separate violation. These fines shall be cumulative.
However, no fine may be assessed against the woman on whom an
abortion is performed or attempted.
(d) Any pleading filed in a proceeding or action brought pursuant
to this section shall ensure that the identity of any woman upon whom
an abortion is performed or attempted is not publicly disclosed and
that all parties substitute a pseudonym for the true name of the
woman and other parties as necessary to protect the woman's privacy,
unless she gives her written consent to the disclosure of her
identity. Absent that written consent, the court, upon motion or sua
sponte, shall issue orders to the parties, witnesses, and counsel,
and shall direct the sealing of the record and exclude individuals
from courtrooms or hearing rooms, to the extent necessary to
safeguard the woman's identity from public disclosure.
123473. The provisions of this article 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.
