BILL ANALYSIS Ó
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|SENATE RULES COMMITTEE | SB 340|
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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
Feminist Majority Foundation
Planned Parenthood Affiliates of California
The American Congress of Obstetricians and Gynecologists,
District IX (California)
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JG:ej 5/13/13 Senate Floor Analyses
SUPPORT/OPPOSITION: SEE ABOVE
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