California Assembly Bill AB1242

California 2021-2022 Regular Session

• Introduced: 2/19/21
• Refer: 3/4/21
• Report Pass: 4/27/21
• Refer: 4/29/21
• Refer: 5/12/21
• Report Pass: 5/20/21
• Engrossed: 6/1/21
• Refer: 6/2/21
• Refer: 6/16/21
• Report Pass: 6/28/21
• Refer: 6/28/21
• Report Pass: 7/6/21
• Refer: 7/6/21
• Refer: 6/16/22
• Report Pass: 6/21/22
• Refer: 6/21/22
• Report Pass: 6/29/22
• Refer: 6/29/22
• Refer: 8/2/22
• Report Pass: 8/11/22
• Enrolled: 8/31/22
• Chaptered: 9/27/22
• Passed: 9/27/22

Caption

Reproductive rights.

Impact

The bill amends various sections of the Penal Code to explicitly define 'prohibited violations,' which encompass activities surrounding the lawful provision, facilitation, or obtaining of abortions. This change significantly strengthens the legal protections for individuals and organizations involved in abortion services, effectively making it illegal for California law enforcement to treat lawful abortion procedures as criminal activities. It also prohibits production of records in response to out-of-state warrants that are associated with abortion-related investigations, thus protecting individuals’ privacy rights under California law.

Summary

Assembly Bill No. 1242, led by Bauer-Kahan, focuses on safeguarding reproductive rights in California by restricting the ability of law enforcement and external agencies to investigate or prosecute individuals for conducting or seeking lawful abortions. It emphasizes the protection of communications and records associated with reproductive decisions, aligning state law with the fundamental right to privacy. By prohibiting state and local agencies from complying with investigations related to 'prohibited violations' that concern lawful abortions, this legislation reinforces California's commitment to reproductive autonomy among its populace.

Sentiment

The sentiment surrounding AB 1242 has generally been supportive among reproductive rights advocates and many Democratic legislators, who argue it is a critical step in safeguarding individuals' rights in the face of increasing legislative action against abortion across the nation. However, it has faced criticism from opponents who believe it undermines accountability in criminal investigations and could complicate law enforcement's ability to operate effectively, especially regarding related crimes.

Contention

Notable points of contention include the argument that while the bill serves to protect privacy and reproductive rights, it also raises concerns regarding potential misuse by individuals asserting that their abortion-related communications are protected. Critics assert that this may impede lawful investigations linked to serious crimes. The increased tension between state sovereignty over local governance and the federal enforcement of laws concerning abortion continues to create a charged atmosphere surrounding the bill.