AB 1313, as introduced, Wagner. Crimes: murder.
Existing law defines murder as the unlawful killing of a human being or a fetus, except as specified, with malice aforethought. This provision does not apply to any person who commits an act that results in the death of a fetus if the act complies with specified exceptions, including complying with the Reproductive Privacy Act.
This bill would make technical, nonsubstantive changes to these provisions.
Vote: majority. Appropriation: no. Fiscal committee: no. State-mandated local program: no.
The people of the State of California do enact as follows:
Section 187 of the Penal Code is amended to
(a) Murder is the unlawful killing of a human being, or
4a fetus, with malice aforethought.
5(b) This section shall not apply to
begin delete anyend delete person who commits
6an act that results in the death of a fetus if any of the following
8(1) The act complied with the
begin delete Therapeutic Abortion Act,end delete
begin delete 2end delete (commencing with Section
begin delete 123400)end delete of Chapter 2 of Part 2 of Division 106 of the
2Health and Safety Code.
3(2) The act was committed by a holder of a physician’s and
4surgeon’s certificate, as defined in the Business and Professions
5Code, in a case where, to a medical certainty, the result of
6childbirth would be death of the mother of the fetus or where her
7death from childbirth, although not medically certain, would be
8substantially certain or more likely than not.
9(3) The act was
solicited, aided, abetted, or consented to by the
10mother of the fetus.
11(c) Subdivision (b) shall not be construed to prohibit the
begin delete anyend delete person under any other begin delete provision ofend delete law.