SB 1338 Senate Bill

BILL NUMBER: SB 1338	AMENDED
	BILL TEXT

	AMENDED IN SENATE  MARCH 26, 2012

INTRODUCED BY   Senator Kehoe
    (   Principal coauthor:   Senator 
 Steinberg   ) 
    (   Principal   coauthors:  
Assembly Members   Atkins,   John A. Pщrez, 
 and Skinner   ) 
    (   Coauthors:   Senators  
Alquist,   De Leєn,   DeSaulnier,   Evans,
  Hancock,   Leno,   Lieu,  
Liu,   and Wolk   ) 
    (   Coauthors:  Assembly Members  
Ammiano,   Blumenfield,   Brownley,  
Butler,   Lara,   and Williams   ) 

                        FEBRUARY 24, 2012

    An act to amend Section 51087 of the Government Code,
relating to local government.   An act to amend Section
2253 of the Business and Professions Code, relating to healing arts.




	LEGISLATIVE COUNSEL'S DIGEST


   SB 1338, as amended, Kehoe.  Open-space easements.
  Abortion.  
   Existing law makes it a public offense, punishable by a fine not
exceeding $10,000 or imprisonment, or both, for a person to perform
or assist in performing a surgical abortion if the person does not
have a valid license to practice as a physician and surgeon, or to
assist in performing a surgical abortion without a valid license or
certificate obtained in accordance with some other provision of law
that authorizes him or her to perform the functions necessary to
assist in performing a surgical abortion. Existing law also makes it
a public offense, punishable by a fine not exceeding $10,000 or
imprisonment, or both, for a person to perform or assist in
performing a nonsurgical abortion if the person does not have a valid
license to practice as a physician and surgeon or does not have a
valid license or certificate obtained in accordance with some other
provision of law authorizing him or her to perform or assist in
performing the functions necessary for a nonsurgical abortion. Under
existing law, nonsurgical abortion includes termination of pregnancy
through the use of pharmacological agents.  
   This bill would make it a public offense, punishable by a fine not
exceeding $10,000 or imprisonment, or both, for a person to perform
or assist in performing an abortion if the person does not have a
valid license to practice as a physician and surgeon, or to assist in
performing an abortion without a valid license or certificate
obtained in accordance with some other provision of law authorizing
him or her to perform the functions necessary to assist in performing
an abortion, except as specified. The bill would also make it a
public offense, punishable by a fine not exceeding $10,000 or
imprisonment, or both, for a person to perform or assist in
performing an abortion by medication or aspiration techniques without
a valid license to practice as a physician and surgeon or without a
license or certificate obtained in accordance with some other
provision of law, including, but not limited to, the Nursing Practice
Act or the Physician Assistant Practice Act, authorizing him or her
to perform or assist in performing the functions necessary for an
abortion by medication or aspiration techniques. The bill would
delete the description of what a nonsurgical abortion includes. The
bill would make other technical, nonsubstantive changes.  
   Because the bill would change the definition of crimes, the bill
would impose a state-mandated local program. 
   The California Constitution requires the state to reimburse local
agencies and school districts for certain costs mandated by the
state. Statutory provisions establish procedures for making that
reimbursement.  
   This bill would provide that no reimbursement is required by this
act for a specified reason.  
   The Open-Space Easement Act of 1974 requires the clerk of the
governing board of a city or county, upon acceptance or approval of a
grant of an open-space easement on privately owned lands within a
city or county, to record the easement in the office of the county
recorder and file a copy of the easement with the county assessor, as
specified.  
   Existing law requires the county recorder in each county to
develop and maintain, within the existing indexing system, a
comprehensive index of conservation easements and notice of
conservation easement on lands within that county.  

   This bill would require an easement accepted or approved pursuant
to the Open-Space Easement Act of 1974 to be recorded consistent with
the indexing system maintained by the county recorder. 
   Vote: majority. Appropriation: no. Fiscal committee:  no
  yes  . State-mandated local program:  no
  yes  .


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) Failure to comply with the Reproductive Privacy Act
(Article 2.5 (commencing with Section 123460) of Chapter 2 of Part 2
of Division 106 of the Health and Safety Code) in performing,
assisting, procuring or aiding, abetting, attempting, agreeing, or
offering to procure an illegal abortion constitutes unprofessional
conduct.
   (b) (1)  A   Except as provided in paragraph
(2), a  person is subject to  Sections  
Section  2052  and 2053  if he or she performs
or assists in performing  a surgical   an 
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 if he or she assists in
performing  a surgical   an  abortion and
does not have a valid, unrevoked, and unsuspended license or
certificate obtained in accordance with some other provision of law
that authorizes him or her to perform the functions necessary to
assist in performing  a surgical   an 
abortion.
   (2) A person is subject to  Sections  
Section  2052  and 2053  if he or she performs
or assists in performing  a nonsurgical abortion 
 an abortion by medication or aspiration techniques  , 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 valid, unrevoked, and
unsuspended license or certificate obtained in accordance with some
other provision of law  , including, but not limited to, the
Nursing Practice Act (Chapter 6 (commencing with Section 2700)) or
the Physician Assistant Practice Act (Chapter 7.7 (commencing with
Section 3500)),  that authorizes him or her to perform or assist
in performing the functions necessary for  a nonsurgical
  an  abortion  by medication or aspiration
techniques  . 
   (c) For purposes of this section, "nonsurgical abortion" includes
termination of pregnancy through the use of pharmacological agents.

   SEC. 2.    No reimbursement is required by this act
pursuant to Section 6 of Article XIII B of the California
Constitution because the only costs that may be incurred by a local
agency or school district will be incurred because this act creates a
new crime or infraction, eliminates a crime or infraction, or
changes the penalty for a crime or infraction, within the meaning of
Section 17556 of the Government Code, or changes the definition of a
crime within the meaning of Section 6 of Article XIII B of the
California Constitution.  
  SECTION 1.    Section 51087 of the Government Code
is amended to read:
   51087.  Upon the acceptance or approval of any instrument creating
an open-space easement the clerk of the governing body shall record
the same in the office of the county recorder and file a copy thereof
with the county assessor. The recording shall be consistent with
Section 27255. From and after the time of the recordation, the
easement shall impart notice thereof to all persons as is afforded by
the recording laws of this state.