California 2021 2021-2022 Regular Session

California Assembly Bill AB1666 Introduced / Bill

Filed 01/19/2022

                    CALIFORNIA LEGISLATURE 20212022 REGULAR SESSION Assembly Bill No. 1666Introduced by Assembly Member Bauer-KahanJanuary 19, 2022 An act to add Section 123469 to the Health and Safety Code, relating to abortion. LEGISLATIVE COUNSEL'S DIGESTAB 1666, as introduced, Bauer-Kahan. Abortion: civil actions.Existing law provides that every individual possesses a fundamental right of privacy with respect to their personal reproductive decisions. Existing law prohibits the state from denying or interfering with the right to choose or obtain an abortion before the fetus is viable, or when the abortion is necessary to protect the life or health of the pregnant person. Existing law requires an abortion to be performed by a specified licensed or certified health care provider, and prohibits an abortion from being performed on a viable fetus if continuation of the pregnancy did not pose a risk to the life or health of the pregnant person.The United States Constitution generally requires a state to give full faith and credit to the public acts, records, and judicial proceedings of every other state. Existing law sets forth procedures by which a person may enforce a judgment for the payment of money issued by the court of a state other than California.This bill would declare another states law authorizing a civil action against a person who receives or seeks, performs or induces, or aids or abets the performance of an abortion, or who attempts or intends to engage in those actions, to be contrary to the public policy of this state. The bill would prohibit the application of that law to a case or controversy heard in state court, and would prohibit the enforcement or satisfaction of a civil judgment received under that law. The bill would declare these provisions to be severable.Digest Key Vote: MAJORITY  Appropriation: NO  Fiscal Committee: NO  Local Program: NO Bill TextThe people of the State of California do enact as follows:SECTION 1. Section 123469 is added to the Health and Safety Code, to read:123469. (a) A law of another state that authorizes a person to bring a civil action against a person who does any of the following is contrary to the public policy of this state:(1) Receives or seeks an abortion.(2) Performs or induces an abortion.(3) Knowingly engages in conduct that aids or abets the performance or inducement of an abortion.(4) Attempts or intends to engage in the conduct described in paragraphs (1) to (3), inclusive.(b) The state shall not do either of the following:(1) Apply a law described in subdivision (a) to a case or controversy heard in state court.(2) Enforce or satisfy a civil judgment received through an adjudication under a law described in subdivision (a).(c) The provisions of this section 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.

 CALIFORNIA LEGISLATURE 20212022 REGULAR SESSION Assembly Bill No. 1666Introduced by Assembly Member Bauer-KahanJanuary 19, 2022 An act to add Section 123469 to the Health and Safety Code, relating to abortion. LEGISLATIVE COUNSEL'S DIGESTAB 1666, as introduced, Bauer-Kahan. Abortion: civil actions.Existing law provides that every individual possesses a fundamental right of privacy with respect to their personal reproductive decisions. Existing law prohibits the state from denying or interfering with the right to choose or obtain an abortion before the fetus is viable, or when the abortion is necessary to protect the life or health of the pregnant person. Existing law requires an abortion to be performed by a specified licensed or certified health care provider, and prohibits an abortion from being performed on a viable fetus if continuation of the pregnancy did not pose a risk to the life or health of the pregnant person.The United States Constitution generally requires a state to give full faith and credit to the public acts, records, and judicial proceedings of every other state. Existing law sets forth procedures by which a person may enforce a judgment for the payment of money issued by the court of a state other than California.This bill would declare another states law authorizing a civil action against a person who receives or seeks, performs or induces, or aids or abets the performance of an abortion, or who attempts or intends to engage in those actions, to be contrary to the public policy of this state. The bill would prohibit the application of that law to a case or controversy heard in state court, and would prohibit the enforcement or satisfaction of a civil judgment received under that law. The bill would declare these provisions to be severable.Digest Key Vote: MAJORITY  Appropriation: NO  Fiscal Committee: NO  Local Program: NO 





 CALIFORNIA LEGISLATURE 20212022 REGULAR SESSION

 Assembly Bill 

No. 1666

Introduced by Assembly Member Bauer-KahanJanuary 19, 2022

Introduced by Assembly Member Bauer-Kahan
January 19, 2022

 An act to add Section 123469 to the Health and Safety Code, relating to abortion. 

LEGISLATIVE COUNSEL'S DIGEST

## LEGISLATIVE COUNSEL'S DIGEST

AB 1666, as introduced, Bauer-Kahan. Abortion: civil actions.

Existing law provides that every individual possesses a fundamental right of privacy with respect to their personal reproductive decisions. Existing law prohibits the state from denying or interfering with the right to choose or obtain an abortion before the fetus is viable, or when the abortion is necessary to protect the life or health of the pregnant person. Existing law requires an abortion to be performed by a specified licensed or certified health care provider, and prohibits an abortion from being performed on a viable fetus if continuation of the pregnancy did not pose a risk to the life or health of the pregnant person.The United States Constitution generally requires a state to give full faith and credit to the public acts, records, and judicial proceedings of every other state. Existing law sets forth procedures by which a person may enforce a judgment for the payment of money issued by the court of a state other than California.This bill would declare another states law authorizing a civil action against a person who receives or seeks, performs or induces, or aids or abets the performance of an abortion, or who attempts or intends to engage in those actions, to be contrary to the public policy of this state. The bill would prohibit the application of that law to a case or controversy heard in state court, and would prohibit the enforcement or satisfaction of a civil judgment received under that law. The bill would declare these provisions to be severable.

Existing law provides that every individual possesses a fundamental right of privacy with respect to their personal reproductive decisions. Existing law prohibits the state from denying or interfering with the right to choose or obtain an abortion before the fetus is viable, or when the abortion is necessary to protect the life or health of the pregnant person. Existing law requires an abortion to be performed by a specified licensed or certified health care provider, and prohibits an abortion from being performed on a viable fetus if continuation of the pregnancy did not pose a risk to the life or health of the pregnant person.

The United States Constitution generally requires a state to give full faith and credit to the public acts, records, and judicial proceedings of every other state. Existing law sets forth procedures by which a person may enforce a judgment for the payment of money issued by the court of a state other than California.

This bill would declare another states law authorizing a civil action against a person who receives or seeks, performs or induces, or aids or abets the performance of an abortion, or who attempts or intends to engage in those actions, to be contrary to the public policy of this state. The bill would prohibit the application of that law to a case or controversy heard in state court, and would prohibit the enforcement or satisfaction of a civil judgment received under that law. The bill would declare these provisions to be severable.

## Digest Key

## Bill Text

The people of the State of California do enact as follows:SECTION 1. Section 123469 is added to the Health and Safety Code, to read:123469. (a) A law of another state that authorizes a person to bring a civil action against a person who does any of the following is contrary to the public policy of this state:(1) Receives or seeks an abortion.(2) Performs or induces an abortion.(3) Knowingly engages in conduct that aids or abets the performance or inducement of an abortion.(4) Attempts or intends to engage in the conduct described in paragraphs (1) to (3), inclusive.(b) The state shall not do either of the following:(1) Apply a law described in subdivision (a) to a case or controversy heard in state court.(2) Enforce or satisfy a civil judgment received through an adjudication under a law described in subdivision (a).(c) The provisions of this section 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.

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

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

SECTION 1. Section 123469 is added to the Health and Safety Code, to read:123469. (a) A law of another state that authorizes a person to bring a civil action against a person who does any of the following is contrary to the public policy of this state:(1) Receives or seeks an abortion.(2) Performs or induces an abortion.(3) Knowingly engages in conduct that aids or abets the performance or inducement of an abortion.(4) Attempts or intends to engage in the conduct described in paragraphs (1) to (3), inclusive.(b) The state shall not do either of the following:(1) Apply a law described in subdivision (a) to a case or controversy heard in state court.(2) Enforce or satisfy a civil judgment received through an adjudication under a law described in subdivision (a).(c) The provisions of this section 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.

SECTION 1. Section 123469 is added to the Health and Safety Code, to read:

### SECTION 1.

123469. (a) A law of another state that authorizes a person to bring a civil action against a person who does any of the following is contrary to the public policy of this state:(1) Receives or seeks an abortion.(2) Performs or induces an abortion.(3) Knowingly engages in conduct that aids or abets the performance or inducement of an abortion.(4) Attempts or intends to engage in the conduct described in paragraphs (1) to (3), inclusive.(b) The state shall not do either of the following:(1) Apply a law described in subdivision (a) to a case or controversy heard in state court.(2) Enforce or satisfy a civil judgment received through an adjudication under a law described in subdivision (a).(c) The provisions of this section 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.

123469. (a) A law of another state that authorizes a person to bring a civil action against a person who does any of the following is contrary to the public policy of this state:(1) Receives or seeks an abortion.(2) Performs or induces an abortion.(3) Knowingly engages in conduct that aids or abets the performance or inducement of an abortion.(4) Attempts or intends to engage in the conduct described in paragraphs (1) to (3), inclusive.(b) The state shall not do either of the following:(1) Apply a law described in subdivision (a) to a case or controversy heard in state court.(2) Enforce or satisfy a civil judgment received through an adjudication under a law described in subdivision (a).(c) The provisions of this section 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.

123469. (a) A law of another state that authorizes a person to bring a civil action against a person who does any of the following is contrary to the public policy of this state:(1) Receives or seeks an abortion.(2) Performs or induces an abortion.(3) Knowingly engages in conduct that aids or abets the performance or inducement of an abortion.(4) Attempts or intends to engage in the conduct described in paragraphs (1) to (3), inclusive.(b) The state shall not do either of the following:(1) Apply a law described in subdivision (a) to a case or controversy heard in state court.(2) Enforce or satisfy a civil judgment received through an adjudication under a law described in subdivision (a).(c) The provisions of this section 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.



123469. (a) A law of another state that authorizes a person to bring a civil action against a person who does any of the following is contrary to the public policy of this state:

(1) Receives or seeks an abortion.

(2) Performs or induces an abortion.

(3) Knowingly engages in conduct that aids or abets the performance or inducement of an abortion.

(4) Attempts or intends to engage in the conduct described in paragraphs (1) to (3), inclusive.

(b) The state shall not do either of the following:

(1) Apply a law described in subdivision (a) to a case or controversy heard in state court.

(2) Enforce or satisfy a civil judgment received through an adjudication under a law described in subdivision (a).

(c) The provisions of this section 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.