BILL NUMBER: SB 370	CHAPTERED  09/27/00

	CHAPTER   692
	FILED WITH SECRETARY OF STATE   SEPTEMBER 27, 2000
	APPROVED BY GOVERNOR   SEPTEMBER 25, 2000
	PASSED THE SENATE   AUGUST 31, 2000
	PASSED THE ASSEMBLY   AUGUST 29, 2000
	AMENDED IN ASSEMBLY   JUNE 22, 2000
	AMENDED IN ASSEMBLY   JUNE 20, 2000
	AMENDED IN ASSEMBLY   MAY 1, 2000
	AMENDED IN ASSEMBLY   JULY 7, 1999
	AMENDED IN SENATE   APRIL 28, 1999

INTRODUCED BY   Senator Burton
   (Coauthor:  Assembly Member Romero)

                        FEBRUARY 11, 1999

   An act to amend Section 2253 of the Business and Professions Code,
and to repeal Chapter 3 (commencing with Section 274) of Title 9 of
Part 1 of the Penal Code, relating to abortions.


	LEGISLATIVE COUNSEL'S DIGEST


   SB 370, Burton.  Abortion.
   Existing  provisions of the Penal Code make it a felony, except as
provided in the Therapeutic Abortion Act, (1) for a person to commit
specified acts with the intent to procure the miscarriage of the
woman, (2) for a woman to solicit a person to commit those specified
acts with the intent to procure a miscarriage, and (3) for a person
who solicits a woman to submit to any of those specified acts with
intent to procure a miscarriage.  Existing law makes it a crime for a
person to practice, or advertise or hold oneself out as practicing,
medicine, as specified, when the person at the time of doing so does
not have a valid, unrevoked, and unsuspended license to practice as a
physician and surgeon or is not otherwise authorized by law.
   This bill would repeal  the Penal Code provisions.  The bill would
also specify that a person is subject to the above penal provisions
when he or she performs or assists in performing an abortion and does
not hold a valid, unrevoked and unsuspended license to practice as a
physician and surgeon, or does not have a certificate obtained in
accordance with some other law authorizing him or her to so act.


THE PEOPLE OF THE STATE OF CALIFORNIA DO ENACT AS FOLLOWS:


  SECTION 1.  Section 2253 of the Business and Professions Code is
amended to read:
   2253.  (a) The procuring or aiding, abetting, attempting,
agreeing, or offering to procure an illegal abortion constitutes
unprofessional conduct, unless the act is done in compliance with the
Therapeutic Abortion Act (Article 2 (commencing with Section 123400)
of Chapter 2 of Part 2 of Division 106 of the Health and Safety
Code).
   (b) A person is subject to Sections 2052 and 2053 if he or she
performs or assists in performing a surgical abortion, and at the
time of so doing, does not have a valid, unrevoked, and unsuspended
license to practice as a physician and surgeon as provided in this
chapter, or does not have a certificate obtained in accordance with
some other provision of law that authorizes him or her to perform or
assist in performing a surgical abortion.
  SEC. 2.  Chapter 3 (commencing with Section 274) of Title 9 of Part
1 of the Penal Code is repealed.