BILL NUMBER: AB 1313	INTRODUCED
	BILL TEXT


INTRODUCED BY   Assembly Member Wagner

                        FEBRUARY 27, 2015

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


	LEGISLATIVE COUNSEL'S DIGEST


   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 1.  Section 187 of the Penal Code is amended to read:
   187.  (a) Murder is the unlawful killing of a human being, or a
fetus, with malice aforethought.
   (b) This section shall not apply to  any   a
 person who commits an act that results in the death of a fetus
if any of the following apply:
   (1) The act complied with the  Therapeutic Abortion Act,
  Reproductive Privacy Act,  Article  2
  2.5  (commencing with Section  123400)
  123460)  of Chapter 2 of Part 2 of Division 106
of the Health and Safety Code.
   (2) The act was committed by a holder of a physician's and surgeon'
s certificate, as defined in the Business and Professions Code, in a
case where, to a medical certainty, the result of childbirth would be
death of the mother of the fetus or where her death from childbirth,
although not medically certain, would be substantially certain or
more likely than not.
   (3) The act was solicited, aided, abetted, or consented to by the
mother of the fetus.
   (c) Subdivision (b) shall not be construed to prohibit the
prosecution of  any   a  person under any
other  provision of  law.