BILL ANALYSIS Ó
SB 340
Page 1
Date of Hearing: June 11, 2013
Counsel: Gabriel Caswell
ASSEMBLY COMMITTEE ON PUBLIC SAFETY
Tom Ammiano, Chair
SB 340 (Jackson) - As Introduced: February 20, 2013
SUMMARY : Eliminates the January 1, 2014 sunset date on the
Reproductive Rights Law Enforcement Act.
EXISTING LAW :
1)Establishes the California Freedom of Access to Clinic and
Church Entrances Act (FACE), 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
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. FACE also
prohibits intentional damage or destruction of property
because the owner is a reproductive health services client,
provider, assistant, or facility. Furthermore, FACE provides
the same protections to religious worshippers and places of
worship. (Penal Code Section 432.2.)
2)Establishes the California Freedom of Access to Clinic and
Church Entrance (FACE) Act. (Penal Code Section 423.)
3)Provides under the FACE Act that specified actions are
prohibited, including acts that by force, threat of force, or
physical obstruction, intentionally injury or attempt to
injure or intimidate or interfere with, any person or entity
because that person or entity is a reproductive services
client, provider, or assistant, or in order to intimidate any
person or entity from becoming or remaining a reproductive
health services client, provider, or assistant. [Penal Code
Section 423.2(a).]
4)States that any person who by force, threat of force, or
physical obstruction that is a crime of violence intentionally
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injures, intimidates, interferes with any person lawfully
exercising his or her First Amendment right of religious
freedom at a place of religious worship is punishable as
specified under the FACE Act. [Penal Code Section 423.2(b).]
5)Prohibits any person, by nonviolent physical obstruction, from
interfering, intentionally injuring, intimidating, interferes
with, or attempting to do any such act, because that person or
entity is a reproductive health services client, provider, or
assistant, or in order to intimidate any person or entity from
becoming or remaining a reproductive health services client,
provider, or assistant. [Penal Code Section 423.2(c).]
6)States that any person who, by nonviolent physical
obstruction, intentionally injures, intimidates, or interferes
with any person lawfully exercising his or her First Amendment
right of religious freedom at a place of religious worship is
punishable as specified under the FACE Act. [Penal Code
Section 423.2(d).]
7)Prohibits any person from intentionally damaging or destroying
the property of a person, entity or facility, or attempting to
do so, because the person or entity or facility is a
reproductive health services client, provider, assistant, or
facility. [Penal Code Section 423.2(e).]
8)Provides that violations of the FACE Act are misdemeanors,
punishable by varying fines and jail terms according to the
section(s) violated. (Penal Code Section 423.3.)
9)Establishes the Reproductive Rights Law Enforcement Act
(RRLEA). RRLEA requires the Attorney General to: (Penal Code
Section 13777.)
a) Collect and analyze information relating to
anti-reproductive rights crimes. (ARRCs)
b) Develop a plan to prevent, apprehend, prosecute, and
report ARRCs.
c) Submit an annual report to the Legislature.
10)Provides that the Commission on the Status of Women shall
convene an Advisory Committee to report on the implementation
of RRLEA, the effectiveness of the Attorney General's plan,
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and make recommendations to the Legislature relating to RRLEA.
(Penal Code Section 13777.2.)
11)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. (Penal Code
Section 13778.)
12)Provides that the RRLEA shall remain in effect until January
1, 2014.
FISCAL EFFECT : Unknown
COMMENTS :
1)Author's Statement : According to the author, "The FACE Act
and RRLEA have offered an invaluable protection for people
seeking reproductive health services. Through the RRLE Act's
directives to the California Department of Justice to develop
prevention, apprehension, prosecution, and reporting plans for
anti-reproductive rights crimes, Californians have an
enforcement policy that helps protect their access to churches
and clinics, as defined in the FACE Act.
"FACE and RRLEA work hand in hand to protect Californians'
privacy and dignity. Removing the sunset on the RRLE Act is
crucial in order to protect Californians' access to
reproductive health services.
"Furthermore, the prevention and reporting of
anti-reproductive rights crimes is crucial in ensuring an
accurate reflection of access for people seeking reproductive
health services. Often times, this is the only information
policy-makers and stakeholders have in addressing
anti-reproductive rights crimes.
"An extension of the Reproductive Rights Law Enforcement Act
would also ensure advisory committee reports on the
effectiveness of existing law regarding anti-reproductive
rights crimes. These analyses must continue to help better
implement policies that accurately reflect the problem of
ARRCs in reproductive health centers.
"Californians will face increased discrimination and
intimidation regarding their reproductive health choices and
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privacy unless we ensure this statute is preserved.
"California must continue to protect access to reproductive
health services and must ensure proper enforcement of its
laws. Without accurate data and oversight of these policies,
there is no government accountability in insuring protections
and justice for individuals' reproductive access and privacy."
2)The Reproductive Rights Law Enforcement Act : Existing law
establishes FACE, which adds criminal and civil provisions to
state law regarding the commission of certain activities that
interfere with a person's access to reproductive health
services and facilities or with a person's participation in
religious services. Existing law also establishes RRLEA,
which specifies law enforcement training requirements on the
topic of ARRCs and requires the implementation of a plan and
reporting scheme by the Attorney General.
A survey by the California Senate Office of Research showed
that more than half (50.9%) of participating clinics and
medical offices experienced anti-reproductive rights crimes
between 1995 and 2000. Forty-eight percent of survey
participants who reported the crimes to law enforcement were
dissatisfied with the response. The report indicates,
"complaints about responses included officers who were
unfamiliar with the law, officers who tried to mediate rather
than make arrests, and law enforcement agencies accused of
refusing to enforce laws other than for major cases."
According to DOJ the following numbers of anti-reproductive
rights crimes were reported in California since specific
reporting has been required:
2003 - 10 reports
2004 - 8 reports
2005 - 9 reports
2006 - 4 reports
2007-6 reports
2008---5 reports
2009---10 reports
2010---4 reports
2011---9 reports
3. Eliminating the Sunset on the RRLEA : Existing law provides
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that the Reproductive Rights
Law Enforcement Act shall be repealed on January 1, 2014. The
law was originally set to
expire in 2008 but the sunset was extended to 2014. The
supporters believe that keeping the
RRLEA in place is important so that there is information on
these crimes and so that law enforcement training on how to
handle these types of crimes continues.
3)Argument in Support : According to Planned Parenthood of
California , "In response to violence and threats of violence
perpetrated against reproductive health centers throughout the
state, the legislature passed SB 780 (Ortiz) in 2001 to
protect reproductive health centers, providers, patients, and
volunteers. This bill included the California Freedom of
Access to Clinic and Church entrances Act (FACE), which
mirrored the federal FACE Act, along with the Reproductive
Rights Law Enforcement Act. This Act requires all local law
enforcement agencies to pursue and arrest those who commit
violence against health centers and set standards for the
reporting of anti-reproductive rights crimes. The Department
of Justice analyzes and reports this information annually.
The bill also required the Commission on Peace Officer
Standards and Training (POST) to create a training telecourse
that be made available to all law enforcement agencies to help
identify and address occurrences of anti-reproductive rights
crimes."
4)Prior Legislation :
a) SB 1770 (Padilla), Chapter 206, Statutes of 2008,
extended the sunset date for the Commission on Peace
Officer Standards and Training (POST) to develop an
optional course of training regarding anti-reproductive
rights crimes (ARRCs), as specified, from January 1, 2009
to January 1, 2014.
b) SB 780 (Ortiz), Chapter 899, Statutes of 2001, created
the RRLEA and the FACE Act.
c) SB 603 (Ortiz), Chapter 481, Statutes of 2006, amended
the RRLEA to require the California Commission on the
Status of Women to convene an advisory committee, as
specified.
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REGISTERED SUPPORT / OPPOSITION :
Support
American Association of University Women
American Congress of Obstetricians and Gynecologists
California Church Impact
California Latinas for Reproductive Justice
California Medical Association
California National Organization for Women
California Police Chiefs Association
Planned Parenthood Affiliates of California
Planned Parenthood of Mar Monte
Planned Parenthood of Orange and San Bernardino Counties
Planned Parenthood of the Pacific Southwest
Planned Parenthood of Santa Barbara
Planned Parenthood of Shasta Pacific Action Fund
Six Rivers Planned Parenthood
Opposition
California Department of Finance
Analysis Prepared by : Gabriel Caswell / PUB. S. / (916)
319-3744