BILL ANALYSIS                                                                                                                                                                                                    Ó



                                                                            



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                                    THIRD READING


          Bill No:  SB 340
          Author:   Jackson (D)
          Amended:  As introduced
          Vote:     21


           SENATE PUBLIC SAFETY COMMITTEE  :  5-2, 4/23/13
          AYES:  Hancock, Block, De León, Liu, Steinberg
          NOES:  Anderson, Knight

           SENATE APPROPRIATIONS COMMITTEE  :  5-2, 5/6/13
          AYES:  De León, Hill, Lara, Padilla, Steinberg
          NOES:  Walters, Gaines


           SUBJECT  :    Law enforcement:  anti-reproductive-rights crimes

           SOURCE  :     Author


           DIGEST  :    This bill eliminates the sunset date on the  
          Reproductive Rights Law Enforcement Act (RRLEA).

           ANALYSIS  :    

          Existing law:

          1.Establishes the California Freedom of Access to Clinic and  
            Church Entrances Act (FACE Act), which prohibits acts that by  
            force, threat of force, or physical obstruction, intentionally  
            injure or attempt to injure, intimidate, or interfere with,  
            any person or entity because that person or entity is a  
            reproductive services client, provider, or assistant, or in  
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            order to intimidate any person or entity, or any class of  
            persons or entities, from becoming or remaining a reproductive  
            health services client, provider, or assistant.  The FACE Act  
            also prohibits intentional damage or destruction of property  
            because the owner is a reproductive health services client,  
            provider, assistant, or facility.  Furthermore, the FACE Act  
            provides the same protections to religious worshippers and  
            places of worship.
           
           2.Makes violations of the FACE Act a misdemeanor.

          3.Establishes the Reproductive Rights Law Enforcement Act  
            (RRLEA).  The RRLEA requires the Attorney General to (1)  
            collect and analyze information relating to anti-reproductive  
            rights crimes (ARRCs); (2) develop a plan to prevent,  
            apprehend, prosecute, and report ARRCs; and (3) submit an  
            annual report to the Legislature.

          4.Provides that the Commission on the Status of Women shall  
            convene an Advisory Committee to report on the implementation  
            of the RRLEA, the effectiveness of the Attorney General's  
            plan, and make recommendations to the Legislature relating to  
            the RRLEA.

          5.Requires the Commission on Peace Officer Standards and  
            Training (POST) to produce and make a two-hour telecourse on  
            ARRCs available to law enforcement agencies.

          6.Provides that the RRLEA shall remain in effect until January  
            1, 2014.
           
           This bill eliminates the January 1, 2014 sunset date on the  
          RRLEA, thereby making existing provisions of law under this  
          title operative indefinitely.

           Comments
           
          According to the author's office, the FACE Act and the RRLEA  
          were enacted in 2001 to combat anti-reproductive rights crimes  
          ARRCs and are set to sunset in January of 2014.

          An ARRC is defined in Penal Code Sec. 13776 (a) as:

          1.A crime committed partly or wholly because the victim is a  

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            reproductive health services client, provider, or assistant;  
            or

          2.A crime that is partly or wholly intended to intimidate the  
            victim, any other person or entity, or any class of persons or  
            entities from becoming or remaining a reproductive health  
            services client, provider, or assistant.

          Under California law, protection for men and women seeking  
          reproductive health care services is ensured by the California  
          FACE Act, which created civil and criminal penalties for  
          individuals who interfered with a person's participation in  
          religious services or access to reproductive health care  
          facilities and the RRLEA, which directed the Attorney General to  
          develop a plan with input from subject matter experts to prevent  
          and report ARRCs.
           
          The FACE Act and RRLEA have offered an invaluable protection for  
          people seeking reproductive health services through their  
          directives to the California Department of Justice (DOJ) to  
          develop prevention, apprehension, prosecution, and reporting  
          plans for ARRCs.

          Repealing the sunset on the California FACE Act will ensure  
          Californians' freedom to participate in the faith of their  
          choice and in protecting access to Californians' reproductive  
          health.  The FACE Act and the RRLEA work hand in hand to protect  
          people seeking access to reproductive health services and faith  
          centers.

          Often times, the only information policy-makers and stakeholders  
          have in addressing ARRCs is the reporting of an ARRC.  Without  
          accurate information, crucial policy steps regarding protecting  
          these groups might not have the qualitative data to support  
          necessary funding or legislative remedies.

          Existing law requires the Attorney General to gather information  
          related to ARRCs and analyze the effectiveness of existing law  
          in consultation with subject matter experts.  Extending the  
          RRLEA indefinitely would also ensure advisory committee reports  
          on the effectiveness of existing law regarding ARRCs continue.   
          These analyses must continue to help better implement policies  
          that accurately reflect the problem of ARRCs in reproductive  
          health centers.

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          Without accurate data and oversight of this law, there is no  
          government accountability in insuring protections and justice  
          for individuals seeking reproductive health services.

           Related Legislation
           
          SB 1770 (Padilla, Chapter 206, Statutes of 2008) extended the  
          sunset date on the RRLEA from January 1, 2009, to January 1,  
          2014.
          
          SB 603 (Ortiz, Chapter 481, Statutes of 2006) extended the  
          sunset date on the RRLEA from January 1, 2006 to January 1,  
          2009.

           FISCAL EFFECT  :    Appropriation:  No   Fiscal Com.:  Yes    
          Local:  Yes

          According to the Senate Appropriations Committee:

                 Minor ongoing workload costs of less than $25,000  
               (General Fund) to the DOJ for data collection as required  
               under the RRLEA.

                 Minor ongoing costs to POST to purchase copies of  
               training materials and issue training bulletins.

                 Minor, if any, state-reimbursable costs to local law  
               enforcement for reporting to the DOJ.  There have been no  
               more than 10 reports of ARRCs since reporting requirements  
               began in 2003.

           SUPPORT  :   (Verified  5/7/13)

          American Association of University Women
          California Church IMPACT
          California Latinas for Reproductive Justice
          California Medical Association
          California Police Chiefs Association
          Planned Parenthood Affiliates of California
          The American Congress of Obstetricians and Gynecologists,  
          District IX (California)



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          JG:ej  5/7/13   Senate Floor Analyses 

                           SUPPORT/OPPOSITION:  SEE ABOVE

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