Amended in Assembly March 28, 2014

California Legislature—2013–14 Regular Session

Assembly Bill No. 2336

Introduced by Assembly Member Grove

February 21, 2014

An act to amend Section begin delete 124180 of end delete begin insert 2253 of the Business and Professions Code, and to add Article 2.7 (commencing with Section 123470) to Chapter 2 of Part 2 of Division 106 of end insert the Health and Safety Code, relating to public health.

LEGISLATIVE COUNSEL’S DIGEST

AB 2336, as amended, Grove. begin delete Public health: personal health care. end delete begin insert Abortion: gender selection. end insert

begin insert

Existing law generally ensures the right of a woman to choose or obtain an abortion, but provides that the performance of an abortion is unauthorized under certain circumstances, including when the abortion is performed on a viable fetus and continuation of the pregnancy posed no risk to the life or health of the pregnant woman, as specified.

end insert begin insert

This bill would enact the Prenatal Nondiscrimination Act. The bill would prohibit a person from intentionally performing or attempting to perform an abortion with knowledge that the pregnant woman is seeking the abortion on account of the gender of the unborn child. The bill would provide for injunctive relief, civil damages, and civil fines for a violation of this provision. The bill would also prohibit the public disclosure of the woman’s identity, unless she consents to that disclosure.

end insert begin delete

Existing law authorizes the State Department of Public Health to conduct the Adolescent Family Life Program to serve certain specified functions, including, but not limited to, ensuring that pregnant adolescents receive comprehensive continuous prenatal care in order to deliver healthy babies.

end delete begin delete

This bill would make technical, nonsubstantive changes to that provision.

end delete

Vote: majority. Appropriation: no. Fiscal committee: no. State-mandated local program: no.

The people of the State of California do enact as follows:

begin insert

begin insert SECTION 1. end insert   

end insert

begin insert This act shall be known and may be cited as the
Prenatal Nondiscrimination Act or PRENDA. end insert

begin insert

begin insert SEC. 2. end insert   

end insert

begin insert Section 2253 of the end insert begin insert Business and Professions Code end insert begin insert is
amended to read: end insert

2253.  

(a)  begin delete Failure end delete begin insert Except as otherwise prohibited by Article
2.7 (commencing with Section 123470) of Chapter 2 of Part 2 of
Division 106 of the Health and Safety Code, failure end insert 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) constitutes unprofessional conduct.

(b) (1) Except as provided in paragraph (2), a person is subject
to Section 2052 if he or she performs 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.

(2) A person shall not be subject to Section 2052 if he or she
performs an abortion by medication or aspiration techniques in
the first trimester of pregnancy, and at the time of so doing, has a
valid, unrevoked, and unsuspended license or certificate obtained
in accordance with 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 the functions necessary for an
abortion by medication or aspiration techniques.

(c) In order to perform an abortion by aspiration techniques
pursuant to paragraph (2) of subdivision (b), a person shall comply
with Section 2725.4 or 3502.4.

begin insert

begin insert SEC. 3. end insert   

end insert

begin insert Article 2.7 (commencing with Section 123470) is added
to Chapter 2 of Part 2 of Division 106 of the end insert begin insert Health and Safety
Code end insert begin insert , to read: end insert

begin insert

 

Article begin insert 2.7. end insert   Abortion: Gender Selection and Prenatal
Nondiscrimination

 

begin insert 123470. end insert   

For purposes of this article, the following definitions
shall apply:

(a) “Abortion” means the use or prescription of any instrument,
medicine, drug, or any other substance or device to terminate the
pregnancy of a woman known to be pregnant with an intention
other than to increase the probability of a live birth, to preserve
the life or health of the child after live birth, or to remove a dead
fetus who died as the result of natural causes in utero, accidental
trauma, or a criminal assault on the pregnant woman or her
unborn child.

(b) “Attempt to perform an abortion” means to do or omit to
do anything that, under the circumstances as the actor believes
them to be, is an act or omission constituting a substantial step in
a course of conduct planned to culminate in an abortion.
Substantial steps include, but are not limited to, agreeing with an
individual to perform an abortion on that individual or on some
other person, regardless of whether the term “abortion” is used
in the agreement, and regardless of whether the agreement is
contingent on another factor such as receipt of payment or a
determination of pregnancy; or scheduling or planning a time to
perform an abortion on an individual, regardless of whether the
term “abortion” is used, and regardless of whether the
performance is contingent on another factor such as receipt of
payment or a determination of pregnancy. This definition does not
require that an abortion procedure actually be initiated for an
attempt to occur.

begin insert 123471. end insert   

A person shall not intentionally perform or attempt
to perform an abortion with knowledge that the pregnant woman
is seeking the abortion on account of the gender of the unborn
child.

begin insert 123472. end insert   

(a) (1) Any of the following persons may maintain
an action against the person who performed an abortion in
violation of Section 123471:

(A) The person upon whom the abortion was performed,
regardless of that person’s age.

(B) The father of the unborn child who was the subject of the
abortion that was performed.

(C) If the person upon whom the abortion was performed is a
minor, a parent, legal guardian, or grandparent of the person.

(2) No person shall be estopped from recovery in such an action
on the ground that either the plaintiff or the person upon whom
the abortion was performed gave consent to the abortion.

(b) If judgment is rendered in favor of the plaintiff in any action
described in this section, the person may recover ten thousand
dollars ($10,000) in punitive damages and treble actual damages.
The court shall also award reasonable attorney’s fees in favor of
the plaintiff against the defendant. If judgment is rendered in favor
of the defendant and the court finds that the plaintiff’s suit was
frivolous and brought in bad faith, the court may award reasonable
attorney’s fees in favor of the defendant against the plaintiff. For
purposes of this section, the term “frivolous” has the same meaning
as provided in Section 128.5 of the Code of Civil Procedure.

(c) (1) A cause of action for injunctive relief against any person
who has knowingly violated this section may be maintained by the
female upon whom an abortion was performed or attempted to be
performed in violation of this section, by a person who is the
spouse, parent, sibling, or guardian of, or a current or former
licensed health care provider of, the female upon whom an abortion
has been performed or attempted to be performed in violation of
this act, by or a prosecuting attorney with appropriate jurisdiction,
or by the Attorney General. The injunction shall prevent the
abortion provider from performing further abortions in violation
of this section in this state.

(2) A person who knowingly violates the terms of an injunction
issued in accordance with this section shall be subject to civil
contempt, and shall be fined ten thousand dollars ($10,000) for
the first violation, fifty thousand dollars ($50,000) for the second
violation, one hundred thousand dollars ($100,000) for the third
violation, and for each succeeding violation an amount in excess
of one hundred thousand dollars ($100,000) determined by the
court to be an amount sufficient to deter future violations. The
fines shall be the exclusive penalties for the contempt. Each
performance or attempted performance of an abortion in violation
of the terms of an injunction is a separate violation. These fines
shall be cumulative. However, no fine may be assessed against the
woman on whom an abortion is performed or attempted.

(d) Any pleading filed in a proceeding or action brought
pursuant to this section shall ensure that the identity of any woman
upon whom an abortion is performed or attempted is not publicly
disclosed and that all parties substitute a pseudonym for the true
name of the woman and other parties as necessary to protect the
woman’s privacy, unless she gives her written consent to the
disclosure of her identity. Absent that written consent, the court,
upon motion or sua sponte, shall issue orders to the parties,
witnesses, and counsel, and shall direct the sealing of the record
and exclude individuals from courtrooms or hearing rooms, to the
extent necessary to safeguard the woman’s identity from public
disclosure.

begin insert 123473. end insert   

The provisions of this article are severable. If any
provision of this section or its application is held invalid, that
invalidity shall not affect other provisions or applications that can
be given effect without the invalid provision or application.

end insert

begin delete

  

SECTION 1.  

Section 124180 of the Health and Safety Code
is amended to read:

124180.  

(a)  The department may conduct the Adolescent
Family Life Program to ensure that pregnant adolescents receive
comprehensive continuous prenatal care in order to deliver healthy
babies; to establish networks within regions to provide to pregnant
and parenting teens and their children necessary services including
medical care, psychological and nutritional counseling, maternity
counseling, adoption counseling, academic and vocational
programs, and day care; to provide a continuous case manager to
each family unit; and to maintain a database to measure outcomes
of adolescent pregnancies. Specific procedures to operate this
program will be defined and carried out through standards and
guidelines established by the department.

(b)  Grant funds shall not be used for essential services to
pregnant adolescents or schoolage parents unless the services are
not available in the county or are insufficient to meet the basic
needs of the population to be served; in that case, funds may be
used for essential services only as set forth in the approved grant
application. Grant funds shall not be expended for abortions,
abortion referrals, or abortion counseling.

end delete