BILL ANALYSIS Ó ----------------------------------------------------------------- |SENATE RULES COMMITTEE | SB 340| |Office of Senate Floor Analyses | | |1020 N Street, Suite 524 | | |(916) 651-1520 Fax: (916) | | |327-4478 | | ----------------------------------------------------------------- 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 CONTINUED SB 340 Page 2 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 CONTINUED SB 340 Page 3 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. CONTINUED SB 340 Page 4 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 Feminist Majority Foundation Planned Parenthood Affiliates of California The American Congress of Obstetricians and Gynecologists, District IX (California) CONTINUED SB 340 Page 5 JG:ej 5/13/13 Senate Floor Analyses SUPPORT/OPPOSITION: SEE ABOVE **** END **** CONTINUED