BILL NUMBER: AB 1306	AMENDED
	BILL TEXT

	AMENDED IN ASSEMBLY  MARCH 31, 2011

INTRODUCED BY   Assembly Member Donnelly

                        FEBRUARY 18, 2011

    An act to amend Section 11364 of the Health and Safety
Code, relating to controlled substances.   An act to
amend Section 123464 of the Health and Safety Code, relating to
abortion. 



	LEGISLATIVE COUNSEL'S DIGEST


   AB 1306, as amended, Donnelly.  Controlled substances:
paraphernalia.   Abortion.  
   Existing law provides for the implementation of a community-based
system of perinatal care for eligible women and infants administered
by the State Department of Public Health.  
    Existing law regulates the performance of abortions. Existing
law, the Reproductive Privacy Act, provides that the state may not
deny or interfere with a woman's right to choose or obtain an
abortion prior to viability of the fetus, or when the abortion is
necessary to protect the life or health of the woman. Under this
existing law, a surgical abortion is unauthorized unless it complies
with provisions of the Medical Practice Act that make performance of
an abortion by a person without a physician and surgeon's certificate
subject to the provisions relating to the unauthorized practice of
medicine. Violation of these provisions constitutes unprofessional
conduct and is a crime.  
   This bill would define "woman" for all of the above purposes as an
adult female human. By expanding the scope of an existing crime,
this bill would impose a state-mandated local program.  
   The California Constitution requires the state to reimburse local
agencies and school districts for certain costs mandated by the
state. Statutory provisions establish procedures for making that
reimbursement.  
   This bill would provide that no reimbursement is required by this
act for a specified reason.  
   Existing law states that it is unlawful to possess an opium pipe
or any paraphernalia used for unlawfully injecting or smoking a
controlled substance, as defined. This provision does not apply to
hypodermic needles or syringes that have been containerized for safe
disposal in a container that meets state and federal standards for
the disposal of sharps waste.  
   This bill would make a technical, nonsubstantive change to these
provisions. 
   Vote: majority. Appropriation: no. Fiscal committee:  no
  yes  . State-mandated local program:  no
  yes  .


THE PEOPLE OF THE STATE OF CALIFORNIA DO ENACT AS FOLLOWS:

   SECTION 1.    Section 123464 of the   Health
and Safety Code   is amended to read: 
   123464.  The following definitions shall apply for purposes of
this chapter:
   (a) "Abortion" means any medical treatment intended to induce the
termination of a pregnancy except for the purpose of producing a live
birth.
   (b) "Pregnancy" means the human reproductive process, beginning
with the implantation of an embryo.
   (c) "State" means the State of California, and every county, city,
town and municipal corporation, and quasi-municipal corporation in
the state.
   (d) "Viability" means the point in a pregnancy when, in the good
faith medical judgment of a physician, on the particular facts of the
case before that physician, there is a reasonable likelihood of the
fetus' sustained survival outside the uterus without the application
of extraordinary medical measures. 
   (e) "Woman" means an adult female human. 
   SEC. 2.   No reimbursement is required by this act
pursuant to Section 6 of Article XIII B of the California
Constitution because the only costs that may be incurred by a local
agency or school district will be incurred because this act creates a
new crime or infraction, eliminates a crime or infraction, or
changes the penalty for a crime or infraction, within the meaning of
Section 17556 of the Government Code, or changes the definition of a
crime within the meaning of Section 6 of Article XIII B of the
California Constitution.  
  SECTION 1.   Section 11364 of the Health and
Safety Code is amended to read:
   11364.  (a) It is unlawful to possess an opium pipe or any device,
contrivance, instrument, or paraphernalia used for unlawfully
injecting or smoking (1) a controlled substance specified in
subdivision (b), (c), or (e), or paragraph (1) of subdivision (f) of
Section 11054, specified in paragraph (14), (15), or (20) of
subdivision (d) of Section 11054, specified in subdivision (b) or (c)
of Section 11055, or specified in paragraph (2) of subdivision (d)
of Section 11055, or (2) a controlled substance which is a narcotic
drug classified in Schedule III, IV, or V.
   (b) This section shall not apply to hypodermic needles or syringes
that have been containerized for safe disposal in a container that
meets state and federal standards for the disposal of sharps waste.
   (c) Pursuant to authorization by a county, with respect to all of
the territory within the county, or a city, with respect to the
territory within in the city, for the period commencing January 1,
2005, and ending December 31, 2018, subdivision (a) shall not apply
to the possession solely for personal use of 10 or fewer hypodermic
needles or syringes if acquired from an authorized source.