BILL NUMBER: AB 1427	INTRODUCED
	BILL TEXT


INTRODUCED BY   Assembly Member Mountjoy

                        FEBRUARY 22, 2005

   An act to add Section 123447 to the Health and Safety Code,
relating to abortion.


	LEGISLATIVE COUNSEL'S DIGEST


   AB 1427, as introduced, Mountjoy.   Abortion: saving tissue for
evidence.
   Existing law, the Reproductive Privacy Act, makes a surgical
abortion unauthorized unless it complies with provisions of the
Medical Practice Act that make performance of an abortion by a person
without a physician and surgeon's certificate subject to the
provisions relating to the unauthorized practice of medicine.
   Existing law makes performing or assisting in the performance of a
nonsurgical abortion subject to the provisions relating to the
unauthorized practice of medicine if the person does not possess a
license to practice as a physician and surgeon, or does not have a
license or certificate obtained in accordance with some other
provision of law that authorizes him or her to perform or assist in
performing the functions necessary for a nonsurgical abortion.
   This bill would require a physician and surgeon performing an
abortion on a minor to retain sufficient tissue of the aborted fetus
to permit DNA testing for the purpose of determining paternity and
establishing the guilt or innocence of the accused in any criminal
action regarding sexual crimes relating to the aborted pregnancy.
   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 123447 is added to the  Health and Safety Code
, to read:
   123447.  Notwithstanding Sections 123440 and 123445, a physician
and surgeon performing an abortion on a minor shall retain sufficient
tissue of the aborted fetus to permit DNA testing to determine
paternity. The tissue shall be preserved, along with sufficient
documentation to adequately identify the tissue and establish the
chain of custody for a period of four years, and shall be made
available upon court order for the purpose of determining paternity
and establishing the guilt or innocence of the accused in any
criminal action regarding sexual crimes relating to the aborted
pregnancy.