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updated 08-01-04
The status of the following Anti-Life and Pro-life bills of the
California Legislature for the two-year Legislative Session of 2003-04
are noted below.
You can search the California bills
online by clicking
here and using the keyword box enter the bill's number. The
Legislative Analyst's Office provides updated information as actions,
amendments, analyses, and votes occur.
Pro-Life Bills
CALIFORNIA STATE BILLS
AB 930 -
Dennis Mountjoy (R - San Bernardino High Desert): This
bill would require all licensed medical personnel and their ancillaries
and assistants to promptly report their knowledge, or reasonable
suspicion, that a minor has contracted a sexually transmitted
disease or is pregnant, to a law enforcement or child protective
agency. Current law does not require all of the staff of physicians,
for example receptionists or schedulers, to be mandated reporters
of child abuse, such as statutory rape. As a result many statutory
rape cases go unreported, because the child neither sees a physician,
or because the physician/abortionist does not have the same information
as may have been revealed to the receptionist. This bill is supported
by the many pro-life groups throughout California. However, the
bill is opposed by those groups who
say they are pro-female but in this instance have taken a contrary
position to protecting females - i.e., Planned
Parenthood, California National Organization for Women,
American Civil Liberties Union, and Kaiser Permanente Medical
Care Program. The bill was held in the Assembly
Public Safety Committee since April 2003 and then died in Committee
in February 2004.
AB 1041 - Sharon Runner (R - Lancaster,
Palmdale, Victorville, Adelanto): This bill would
require parental consent prior to releasing a student from school.
Many school districts allow students to be released without parental
permission for confidential medical appointments. AB 1041 was referred
to the Assembly Committee on Education, where it was rejected on
April 23rd, along party lines, Republicans supporting and Democrats
opposing, and held in the Assembly Education Committee where it
died in Committee in February 2004.
Opposed by Planned Parenthood.
AB 1925 - Ray Haynes (R - Murrieta
and portions of Riverside/San Diego Counties): Comprehensive
Sexual Education and HIV/AIDS Prevention Instruction. Existing law
(Education Code 51938) requires a school district to notify the
parent or guardian of a pupil about instruction in comprehensive
sexual health education and HIV/AIDS prevention and empowers a parent
or guardian to excuse his or her pupil from all or part of that
instruction. This bill would require, if the instruction in comprehensive
sexual health education is to be taught by outside consultants,
or if that instruction is to be given in an assembly by guest speakers,
a school district must notify the parent or guardian of a pupil
about that instruction, such notice must include the date of the
instruction, and the name of the organization or affiliation of
each guest speaker, no fewer than 14 days in advance of the instruction.
Opposition during hearings was presented by
Planned Parenthood Affiliates of California, the American Civil
Liberties Union, th San Francisco Unified School District, the organization
Being Alive Los Angeles, Inc. , and the California County Boards
of Education.
AB 2291 - Ray
Haynes (R - Murrieta and portions of Riverside/San Diego Counties):
Prohibits the funding of an abortion under the Medi-Cal program
unless the physician submits a statement signed by the patient that
she is aware that it is against the law for anyone to force, intimidate,
or coerce her into having an abortion. Failed
passage in committee hearing April 13, 2004. Opposed
by Planned Parenthood.
AB 2331 - Dennis
Mountjoy (R - San Bernardino High Desert): For an abortion
performed in the 3rd trimester of pregnancy, this bill requires
the physician performing the abortion to offer to the pregnant woman
information and counseling on fetal pain and offer to the pregnant
woman anesthesia for the unborn child. The bill would require the
physician to arrange for anesthesia to be administered, if the pregnant
woman voluntarily consents for the unborn child. It would also require
the woman to sign a document that information and counseling on
fetal pain was provided and that the physician offered anesthesia
for the fetus. Failed in Committee
on May 4, 2004, those voting down the
bill are Rebecca Cohn (D), Wilma Chan (D), Ed Chavez (D), Mervyn
Dymally (D), Dario Frommer (D), Paul Koretz (D), Sally Lieber (D),
Cinday Montanez (D), George Nakano (D), Gloria Negrete-Mcleod (D),
Keith Richman (R), Mark Ridley-Thomas (D), Simon Salinas (D), Lois
Wolk (D). Opposed by Planned Parenthood.
AB 3012 - Sharon
Runner (R - Lancaster, Palmdale, Victorville, Adelanto):
Would repeal SB 322, a bill signed into law last year, which requires
that the Department of Health & Human Services develop an advisory
committee to write guidelines for research involving the "derivation"
of human embryonic stem cells from human embryos, either cloned
or "left-over" from infertility programs. The process
of "derivation" (a euphemistic term) of cells from human
embryos results in killing the newly formed human being. SB 322
is one of the bills that Gov. Schwarzenegger asked to be repealed,
because it was an unfunded mandate, one of many, passed last year.
Remains in Committee since April 20, 2004. Opposed
by Planned Parenthood.
SB 133 -
Jim Battin (R - La Quinta): This bill prohibits human
reproductive cloning and
therapeutic cloning which is an emerging business market. The bill
is supported by the California Catholic Conference, California ProLife
Council, Inc., Campaign for California Families, and the Committee
on Moral Concerns. However, the bill is opposed by the American
College of Obstetricians and Gynecologists, Bay Area Bioscience
Center, BIOCOM San Diego, California Healthcare Institute, and the
California Medical Association. The bill failed
passage in committee with all democrats, the majority, opposing
it.
SB 139 - Jim
Brulte (R -Rancho Cucamonga): This bill offers helpful technical
amendments to the Safe Arms for Newborns statute successfully authored
by Senator Brulte in 2000. The original bill allows for surrender
of a baby up to 72 hours old with anonymity and without fear of
prosecution for abandonment. SB 139 would allow for safe surrender
of the child to sites as designated by county boards of supervisors,
rather than to designated individuals at the sites; and requires
that safe-surrender sites post signs informing the public of this
confidential option. Chaptered into
law on August 1, 2003.
SB 250 - Jim
Battin (R - La Quinta): -- This bill would have required
that receptionists, support staff, administrative employees or volunteers
of agencies that provide health care be included among those who
by law must report reasonably suspected child abuse and neglect.
SB 250 failed in the Senate Health & Human Services Committee
on March 26, 2003 on a vote of 2-5, with Republican Senators Aanestad
and Battin supporting and Democrat Senators Deborah Ortiz, Dean
Flores, Sheila Kuehl, Gloria Romero and John Vasconcellos opposing.
The bill also failed passage in the Senate
Public Safety Committee, votes in opposition included Gloria
Romero and Byron Sher. Opposed by Planned
Parenthood.
SB 267 - Knight:
This bill would require the Department of Health Services to develop
and implement a program of abstinence education in a manner that
would maximize federal funding resources and specify the purpose
and subjects of the program. Supported by pro-family groups. Failed
passage in committee in March 2003, with all Democrats opposing
the bill. Opposed by Planned Parenthood.
SB 1593 - Dennis
Hollingsworth (North Central San Diego County): This bill
is essentially the same bill as AB 2291, except it has been introduced
on the Senate side, so that the issue will be addressed in committees
of both houses of the California Legislature. Rejected
in Senate and Assembly Health Committees in April 2004. Opposed
by Planned Parenthood.
FEDERAL BILLS
S 3 - Partial
Birth Abortion Ban Act: The bill bans "partial-birth
abortion," and it legally defines a partial-birth abortion
as any abortion in which the baby is delivered "past the [baby's]
navel . . . outside the body of the mother," OR "in the
case of head-first presentation, the entire fetal head is outside
the body of the mother," BEFORE being killed. The complete
official text of the bill signed by President Bush, in a searchable
format, is available at http://www.nrlc.org.
Planned Parenthood at this point has located
judges who have stayed the implementation of this legislation.
HR 1997 - Unborn
Victims of Violence Act (UVVA): This bill passed in the House
of Representatives by a vote of 254-163. The bill states that if
in the commission of a federal crime there is a result that there
are the deaths of both a pregnant woman and an unborn child, there
are then two victims. The UVVA is also known as "Laci and Conner's
Law." Senate Democrats including our own two senators, Barbara
Boxer and Dianne Feinstein, attempted to obstructing the bill. All
Democrats in the California delegation voted to scuttle the bill,
except for Dennis Cardoza of Merced. All Republicans voted to oppose
the scuttling attempt, except for Mary Bono, Doug Ose and Bill Thomas.
Except for Mary Bono, all Republicans voted for final passage of
the UVVA. Planned Parenthood opposed the bill.
Anti-Life Agenda
SB 322 - Deborah
Ortiz (D-Sacramento): This bill requires the Director of
the State Department of Health Services to establish a Human Stem
Cell Research Review Council. The provisions of the bill
are consistent with the recommendations of the Advisory Committee
on Human Cloning but extend the mandate for the development of guidelines
to all forms of embryonic stem cell research. In legislative session
2002 Senator Ortiz successfully had her bill passed which declares
that it is state policy that stem cell research in all forms shall
be permitted in California. Signed in to law
by Gov. Davis. (Related legislation by Sen. Ortiz includes
SB 771 which an establishes an anonymous
embryo registry; SB 778 which authorizes
general obligation bonds for biomedical research; SB
765 which authorizes lease revenue bonds for biomedical research.)
SB 473 - Dean
Florez (D-Shafter ):This bill would require the Superintendent
of Public Instruction to appoint a State School Health Advisory
Council to make recommendations regarding model health services
programs in schools. A similar bill was passed in the Assembly last
year when Sen. Florez was an Assemblyman. The state School Health
Advisory Council would include agencies such as Planned Parenthood.
However, the Governor did veto last year's bill. The committee
hearing was canceled by the bill's author in February 2004.
SB 771 - Deborah
Ortiz (D-Sacramento): This bill would require the State Department
of Health Services to establish and maintain an anonymous registry
of embryos that would provide researchers with access to embryos
that are available for research purposes. Signed
in to law by Gov. Davis. Supported
by Planned Parenthood.
SB 778 - Deborah
Ortiz (D-Sacramento): This bill would enact the Biomedical
Research and Development Act of 2004, which authorizes the issuance
of bonds in an unspecified amount for purposes of financing a biomedical
research and development. Such funds would be used to support embryonic
stem cell research. Held in the Senate Appropriations Committee's
Suspense File. Now the point may be moot with
the pending Proposition 71 to be voted on at the November
2004 elections (this bond bill is for $3 billion in tax funds plus
another $3 billion in interest for embryonic stem cell research).
AB 267 - Gene
Mullin (D-San Mateo): Removes one of two definitions
of human cloning, which were a part of the phony ban on human cloning
passed by the California Legislature last year (SB 1230Senator
Dede Alpert). The definition remaining appears to give the green
light to allow cloned human embryos to be grown to the eight-week
stage (when the embryo technically becomes a fetus) before requiring
his or her destruction. This would allow the harvesting of, not
only stem cells, but specific organs for use in research or experimentationin
any case, killing the donor embryo in the process. Committee
hearing canceled by the bill's author.
AB 996 - Patricia
Wiggins (D-Sonoma, Solano, Napa): Existing law provides that
a commercial property insurance policy, if the insured is a religious,
educational, or other nonprofit organization that is organized and
operated for religious, charitable, or educational purposes, as
specified, may not be canceled, nor may the insurer refuse to renew
the policy, because a claim was made against the policy in the preceding
60 months for a loss that was the result of a hate crime. This bill
amending the insurance code, expanding the definition of hate crime
to include a reproductive health services facility (i.e., abortion
facility). Signed in to law by Gov. Davis.
Supporting groups for this bill include Planned
Parenthood Affiliates of California (sponsor), Planned Parenthood
Mar Monte, and Planned Parenthood Golden Gate.
AJR 2 - Hannah-Beth
Jackson (D-Santa Barbara/Ventura):The California Assembly
"celebrated" 42 million abortions under 30 years of Roe
v. Wade through this non-binding resolution, which garnered 54 Assembly
and Senate co-authors. It will be sent to the President and members
of Congress, asking them to uphold Roe v. Wade and to "encourage
all Americans to participate in the national celebration, 'Celebrating
30 Years of Roe v. Wade.' " Signed
by Gov. Davis. Supported by
Planned Parenthood.
AJR 57 - Hannah-Beth
Jackson (D-Santa Barbara/Ventura); Wilma Chan (Oakland):
"A joint resolution memorializes the President and the U.S.
Congress to stand firm in their resolve to uphold the intent and
substance of the U.S. Supreme Court decision in Roe v. Wade...an
occasion deserving of celebration and special public commendations."
Supported by Planned Parenthood Affiliates
of California, NARAL Pro-Choice California, California Commission
on the Status of Women, California National Organization for Women,
California Women Lawyers.
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You can access bill text, committee
analyses, and votes on these bills, and all others, on the Assembly
or Senate Websites-- www.assembly.ca.gov
or www.sen.ca.gov.
Click on Legislation, and select the 2003-2004 Session,
then insert the bill number.
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To register your support or
disapproval with your assembly member or state senator on any of the bills,
you can write to (State Capitol, Sacramento, Ca 95814), or call, or FAX
them. Phone calls and faxes receive more attention than e-mails, but if
you elect to use e-mail, state your "Support of" or "Oppose
to" in the Subject Line along with the "Bill Number" and
Bill "Subject Title" as noted below. You can obtain the assembly
member's or state senator's phone, fax or e-mail address through the following
link: www.leginfo.ca.gov/yourleg.html
You can also follow the progress
of bills by entering the bill's number in the "keyword" space at the Legislative
Analyst's Office at the internet address of http://www.leginfo.ca.gov/bilinfo.html.
By subscribing to any individual bill you can also be provided an e-mail
update.
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