California Legislature—2015–16 Regular Session

Assembly BillNo. 1313

Introduced by Assembly Member Wagner

February 27, 2015

An act to amend Section 187 of the Penal Code, relating to murder.


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:

P1    1


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 tobegin delete anyend deletebegin insert aend insert person who commits
6an act that results in the death of a fetus if any of the following

8(1) The act complied with thebegin delete Therapeutic Abortion Act,end delete
9begin insert Reproductive Privacy Act,end insert Articlebegin delete 2end deletebegin insert 2.5end insert (commencing with Section
P2    1begin delete 123400)end deletebegin insert 123460)end insert 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
12prosecution ofbegin delete anyend deletebegin insert aend insert person under any otherbegin delete provision ofend delete law.