| 1 | 1 | | CALIFORNIA LEGISLATURE 20212022 REGULAR SESSION Assembly Bill No. 2935Introduced by Assembly Member KileyFebruary 18, 2022 An act to amend Section 367f of the Penal Code, relating to crimes. LEGISLATIVE COUNSEL'S DIGESTAB 2935, as introduced, Kiley. Crimes against public decency.Existing law prohibits the harvesting, selling, transfer, or receipt of human organs, as specified and except as specifically exempted.This bill would make technical, nonsubstantive changes to those provisions.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 367f of the Penal Code is amended to read:367f. (a) Except as provided in subdivisions (d) and (e), it shall be is unlawful for any person to knowingly acquire, receive, sell, promote the transfer of, or otherwise transfer any human organ, for purposes of transplantation, for valuable consideration.(b) Except as provided in subdivisions (d), (e), and (f), it shall be is unlawful to remove or transplant any human organ with the knowledge that the organ has been acquired or will be transferred or sold for valuable consideration in violation of subdivision (a).(c) For purposes of this section, the following definitions apply:(1) Human organ includes, but is not limited to, a human kidney, liver, heart, lung, pancreas, or any other human organ or nonrenewable or nonregenerative tissue except plasma and sperm.(2) Valuable consideration means financial gain or advantage, but does not include the reasonable costs associated with the removal, storage, transportation, and transplantation of a human organ, or reimbursement for those services, or the expenses of travel, housing, and lost wages incurred by the donor of a human organ in connection with the donation of the organ.(d) No act respecting the nonsale donation of organs or other nonsale conduct pursuant to or in the furtherance of the purposes of the Uniform Anatomical Gift Act, Chapter 3.5 (commencing with Section 7150) Part 1 of Division 7 of the Health and Safety Code, including acts pursuant to anatomical gifts offered under Section 12811.3 of the Vehicle Code, shall be made unlawful by this section.(e) This section shall not apply to the person from whom the organ is removed, nor to the person who receives the transplant, or those persons next-of-kin who assisted in obtaining the organ for purposes of transplantations.(f) A licensed physician and surgeon who transplants a human organ in violation of subdivision (b) shall not be criminally liable under that subdivision if the act is performed under emergency and life-threatening conditions.(g) Any person who violates subdivision (a) or (b) shall be punished by a fine not to exceed fifty thousand dollars ($50,000), or by imprisonment pursuant to subdivision (h) of Section 1170 for three, four, or five years, or by both that fine and imprisonment. |
|---|
| 2 | 2 | | |
|---|
| 3 | 3 | | CALIFORNIA LEGISLATURE 20212022 REGULAR SESSION Assembly Bill No. 2935Introduced by Assembly Member KileyFebruary 18, 2022 An act to amend Section 367f of the Penal Code, relating to crimes. LEGISLATIVE COUNSEL'S DIGESTAB 2935, as introduced, Kiley. Crimes against public decency.Existing law prohibits the harvesting, selling, transfer, or receipt of human organs, as specified and except as specifically exempted.This bill would make technical, nonsubstantive changes to those provisions.Digest Key Vote: MAJORITY Appropriation: NO Fiscal Committee: NO Local Program: NO |
|---|
| 4 | 4 | | |
|---|
| 5 | 5 | | |
|---|
| 6 | 6 | | |
|---|
| 7 | 7 | | |
|---|
| 8 | 8 | | |
|---|
| 9 | 9 | | CALIFORNIA LEGISLATURE 20212022 REGULAR SESSION |
|---|
| 10 | 10 | | |
|---|
| 11 | 11 | | Assembly Bill |
|---|
| 12 | 12 | | |
|---|
| 13 | 13 | | No. 2935 |
|---|
| 14 | 14 | | |
|---|
| 15 | 15 | | Introduced by Assembly Member KileyFebruary 18, 2022 |
|---|
| 16 | 16 | | |
|---|
| 17 | 17 | | Introduced by Assembly Member Kiley |
|---|
| 18 | 18 | | February 18, 2022 |
|---|
| 19 | 19 | | |
|---|
| 20 | 20 | | An act to amend Section 367f of the Penal Code, relating to crimes. |
|---|
| 21 | 21 | | |
|---|
| 22 | 22 | | LEGISLATIVE COUNSEL'S DIGEST |
|---|
| 23 | 23 | | |
|---|
| 24 | 24 | | ## LEGISLATIVE COUNSEL'S DIGEST |
|---|
| 25 | 25 | | |
|---|
| 26 | 26 | | AB 2935, as introduced, Kiley. Crimes against public decency. |
|---|
| 27 | 27 | | |
|---|
| 28 | 28 | | Existing law prohibits the harvesting, selling, transfer, or receipt of human organs, as specified and except as specifically exempted.This bill would make technical, nonsubstantive changes to those provisions. |
|---|
| 29 | 29 | | |
|---|
| 30 | 30 | | Existing law prohibits the harvesting, selling, transfer, or receipt of human organs, as specified and except as specifically exempted. |
|---|
| 31 | 31 | | |
|---|
| 32 | 32 | | This bill would make technical, nonsubstantive changes to those provisions. |
|---|
| 33 | 33 | | |
|---|
| 34 | 34 | | ## Digest Key |
|---|
| 35 | 35 | | |
|---|
| 36 | 36 | | ## Bill Text |
|---|
| 37 | 37 | | |
|---|
| 38 | 38 | | The people of the State of California do enact as follows:SECTION 1. Section 367f of the Penal Code is amended to read:367f. (a) Except as provided in subdivisions (d) and (e), it shall be is unlawful for any person to knowingly acquire, receive, sell, promote the transfer of, or otherwise transfer any human organ, for purposes of transplantation, for valuable consideration.(b) Except as provided in subdivisions (d), (e), and (f), it shall be is unlawful to remove or transplant any human organ with the knowledge that the organ has been acquired or will be transferred or sold for valuable consideration in violation of subdivision (a).(c) For purposes of this section, the following definitions apply:(1) Human organ includes, but is not limited to, a human kidney, liver, heart, lung, pancreas, or any other human organ or nonrenewable or nonregenerative tissue except plasma and sperm.(2) Valuable consideration means financial gain or advantage, but does not include the reasonable costs associated with the removal, storage, transportation, and transplantation of a human organ, or reimbursement for those services, or the expenses of travel, housing, and lost wages incurred by the donor of a human organ in connection with the donation of the organ.(d) No act respecting the nonsale donation of organs or other nonsale conduct pursuant to or in the furtherance of the purposes of the Uniform Anatomical Gift Act, Chapter 3.5 (commencing with Section 7150) Part 1 of Division 7 of the Health and Safety Code, including acts pursuant to anatomical gifts offered under Section 12811.3 of the Vehicle Code, shall be made unlawful by this section.(e) This section shall not apply to the person from whom the organ is removed, nor to the person who receives the transplant, or those persons next-of-kin who assisted in obtaining the organ for purposes of transplantations.(f) A licensed physician and surgeon who transplants a human organ in violation of subdivision (b) shall not be criminally liable under that subdivision if the act is performed under emergency and life-threatening conditions.(g) Any person who violates subdivision (a) or (b) shall be punished by a fine not to exceed fifty thousand dollars ($50,000), or by imprisonment pursuant to subdivision (h) of Section 1170 for three, four, or five years, or by both that fine and imprisonment. |
|---|
| 39 | 39 | | |
|---|
| 40 | 40 | | The people of the State of California do enact as follows: |
|---|
| 41 | 41 | | |
|---|
| 42 | 42 | | ## The people of the State of California do enact as follows: |
|---|
| 43 | 43 | | |
|---|
| 44 | 44 | | SECTION 1. Section 367f of the Penal Code is amended to read:367f. (a) Except as provided in subdivisions (d) and (e), it shall be is unlawful for any person to knowingly acquire, receive, sell, promote the transfer of, or otherwise transfer any human organ, for purposes of transplantation, for valuable consideration.(b) Except as provided in subdivisions (d), (e), and (f), it shall be is unlawful to remove or transplant any human organ with the knowledge that the organ has been acquired or will be transferred or sold for valuable consideration in violation of subdivision (a).(c) For purposes of this section, the following definitions apply:(1) Human organ includes, but is not limited to, a human kidney, liver, heart, lung, pancreas, or any other human organ or nonrenewable or nonregenerative tissue except plasma and sperm.(2) Valuable consideration means financial gain or advantage, but does not include the reasonable costs associated with the removal, storage, transportation, and transplantation of a human organ, or reimbursement for those services, or the expenses of travel, housing, and lost wages incurred by the donor of a human organ in connection with the donation of the organ.(d) No act respecting the nonsale donation of organs or other nonsale conduct pursuant to or in the furtherance of the purposes of the Uniform Anatomical Gift Act, Chapter 3.5 (commencing with Section 7150) Part 1 of Division 7 of the Health and Safety Code, including acts pursuant to anatomical gifts offered under Section 12811.3 of the Vehicle Code, shall be made unlawful by this section.(e) This section shall not apply to the person from whom the organ is removed, nor to the person who receives the transplant, or those persons next-of-kin who assisted in obtaining the organ for purposes of transplantations.(f) A licensed physician and surgeon who transplants a human organ in violation of subdivision (b) shall not be criminally liable under that subdivision if the act is performed under emergency and life-threatening conditions.(g) Any person who violates subdivision (a) or (b) shall be punished by a fine not to exceed fifty thousand dollars ($50,000), or by imprisonment pursuant to subdivision (h) of Section 1170 for three, four, or five years, or by both that fine and imprisonment. |
|---|
| 45 | 45 | | |
|---|
| 46 | 46 | | SECTION 1. Section 367f of the Penal Code is amended to read: |
|---|
| 47 | 47 | | |
|---|
| 48 | 48 | | ### SECTION 1. |
|---|
| 49 | 49 | | |
|---|
| 50 | 50 | | 367f. (a) Except as provided in subdivisions (d) and (e), it shall be is unlawful for any person to knowingly acquire, receive, sell, promote the transfer of, or otherwise transfer any human organ, for purposes of transplantation, for valuable consideration.(b) Except as provided in subdivisions (d), (e), and (f), it shall be is unlawful to remove or transplant any human organ with the knowledge that the organ has been acquired or will be transferred or sold for valuable consideration in violation of subdivision (a).(c) For purposes of this section, the following definitions apply:(1) Human organ includes, but is not limited to, a human kidney, liver, heart, lung, pancreas, or any other human organ or nonrenewable or nonregenerative tissue except plasma and sperm.(2) Valuable consideration means financial gain or advantage, but does not include the reasonable costs associated with the removal, storage, transportation, and transplantation of a human organ, or reimbursement for those services, or the expenses of travel, housing, and lost wages incurred by the donor of a human organ in connection with the donation of the organ.(d) No act respecting the nonsale donation of organs or other nonsale conduct pursuant to or in the furtherance of the purposes of the Uniform Anatomical Gift Act, Chapter 3.5 (commencing with Section 7150) Part 1 of Division 7 of the Health and Safety Code, including acts pursuant to anatomical gifts offered under Section 12811.3 of the Vehicle Code, shall be made unlawful by this section.(e) This section shall not apply to the person from whom the organ is removed, nor to the person who receives the transplant, or those persons next-of-kin who assisted in obtaining the organ for purposes of transplantations.(f) A licensed physician and surgeon who transplants a human organ in violation of subdivision (b) shall not be criminally liable under that subdivision if the act is performed under emergency and life-threatening conditions.(g) Any person who violates subdivision (a) or (b) shall be punished by a fine not to exceed fifty thousand dollars ($50,000), or by imprisonment pursuant to subdivision (h) of Section 1170 for three, four, or five years, or by both that fine and imprisonment. |
|---|
| 51 | 51 | | |
|---|
| 52 | 52 | | 367f. (a) Except as provided in subdivisions (d) and (e), it shall be is unlawful for any person to knowingly acquire, receive, sell, promote the transfer of, or otherwise transfer any human organ, for purposes of transplantation, for valuable consideration.(b) Except as provided in subdivisions (d), (e), and (f), it shall be is unlawful to remove or transplant any human organ with the knowledge that the organ has been acquired or will be transferred or sold for valuable consideration in violation of subdivision (a).(c) For purposes of this section, the following definitions apply:(1) Human organ includes, but is not limited to, a human kidney, liver, heart, lung, pancreas, or any other human organ or nonrenewable or nonregenerative tissue except plasma and sperm.(2) Valuable consideration means financial gain or advantage, but does not include the reasonable costs associated with the removal, storage, transportation, and transplantation of a human organ, or reimbursement for those services, or the expenses of travel, housing, and lost wages incurred by the donor of a human organ in connection with the donation of the organ.(d) No act respecting the nonsale donation of organs or other nonsale conduct pursuant to or in the furtherance of the purposes of the Uniform Anatomical Gift Act, Chapter 3.5 (commencing with Section 7150) Part 1 of Division 7 of the Health and Safety Code, including acts pursuant to anatomical gifts offered under Section 12811.3 of the Vehicle Code, shall be made unlawful by this section.(e) This section shall not apply to the person from whom the organ is removed, nor to the person who receives the transplant, or those persons next-of-kin who assisted in obtaining the organ for purposes of transplantations.(f) A licensed physician and surgeon who transplants a human organ in violation of subdivision (b) shall not be criminally liable under that subdivision if the act is performed under emergency and life-threatening conditions.(g) Any person who violates subdivision (a) or (b) shall be punished by a fine not to exceed fifty thousand dollars ($50,000), or by imprisonment pursuant to subdivision (h) of Section 1170 for three, four, or five years, or by both that fine and imprisonment. |
|---|
| 53 | 53 | | |
|---|
| 54 | 54 | | 367f. (a) Except as provided in subdivisions (d) and (e), it shall be is unlawful for any person to knowingly acquire, receive, sell, promote the transfer of, or otherwise transfer any human organ, for purposes of transplantation, for valuable consideration.(b) Except as provided in subdivisions (d), (e), and (f), it shall be is unlawful to remove or transplant any human organ with the knowledge that the organ has been acquired or will be transferred or sold for valuable consideration in violation of subdivision (a).(c) For purposes of this section, the following definitions apply:(1) Human organ includes, but is not limited to, a human kidney, liver, heart, lung, pancreas, or any other human organ or nonrenewable or nonregenerative tissue except plasma and sperm.(2) Valuable consideration means financial gain or advantage, but does not include the reasonable costs associated with the removal, storage, transportation, and transplantation of a human organ, or reimbursement for those services, or the expenses of travel, housing, and lost wages incurred by the donor of a human organ in connection with the donation of the organ.(d) No act respecting the nonsale donation of organs or other nonsale conduct pursuant to or in the furtherance of the purposes of the Uniform Anatomical Gift Act, Chapter 3.5 (commencing with Section 7150) Part 1 of Division 7 of the Health and Safety Code, including acts pursuant to anatomical gifts offered under Section 12811.3 of the Vehicle Code, shall be made unlawful by this section.(e) This section shall not apply to the person from whom the organ is removed, nor to the person who receives the transplant, or those persons next-of-kin who assisted in obtaining the organ for purposes of transplantations.(f) A licensed physician and surgeon who transplants a human organ in violation of subdivision (b) shall not be criminally liable under that subdivision if the act is performed under emergency and life-threatening conditions.(g) Any person who violates subdivision (a) or (b) shall be punished by a fine not to exceed fifty thousand dollars ($50,000), or by imprisonment pursuant to subdivision (h) of Section 1170 for three, four, or five years, or by both that fine and imprisonment. |
|---|
| 55 | 55 | | |
|---|
| 56 | 56 | | |
|---|
| 57 | 57 | | |
|---|
| 58 | 58 | | 367f. (a) Except as provided in subdivisions (d) and (e), it shall be is unlawful for any person to knowingly acquire, receive, sell, promote the transfer of, or otherwise transfer any human organ, for purposes of transplantation, for valuable consideration. |
|---|
| 59 | 59 | | |
|---|
| 60 | 60 | | (b) Except as provided in subdivisions (d), (e), and (f), it shall be is unlawful to remove or transplant any human organ with the knowledge that the organ has been acquired or will be transferred or sold for valuable consideration in violation of subdivision (a). |
|---|
| 61 | 61 | | |
|---|
| 62 | 62 | | (c) For purposes of this section, the following definitions apply: |
|---|
| 63 | 63 | | |
|---|
| 64 | 64 | | (1) Human organ includes, but is not limited to, a human kidney, liver, heart, lung, pancreas, or any other human organ or nonrenewable or nonregenerative tissue except plasma and sperm. |
|---|
| 65 | 65 | | |
|---|
| 66 | 66 | | (2) Valuable consideration means financial gain or advantage, but does not include the reasonable costs associated with the removal, storage, transportation, and transplantation of a human organ, or reimbursement for those services, or the expenses of travel, housing, and lost wages incurred by the donor of a human organ in connection with the donation of the organ. |
|---|
| 67 | 67 | | |
|---|
| 68 | 68 | | (d) No act respecting the nonsale donation of organs or other nonsale conduct pursuant to or in the furtherance of the purposes of the Uniform Anatomical Gift Act, Chapter 3.5 (commencing with Section 7150) Part 1 of Division 7 of the Health and Safety Code, including acts pursuant to anatomical gifts offered under Section 12811.3 of the Vehicle Code, shall be made unlawful by this section. |
|---|
| 69 | 69 | | |
|---|
| 70 | 70 | | (e) This section shall not apply to the person from whom the organ is removed, nor to the person who receives the transplant, or those persons next-of-kin who assisted in obtaining the organ for purposes of transplantations. |
|---|
| 71 | 71 | | |
|---|
| 72 | 72 | | (f) A licensed physician and surgeon who transplants a human organ in violation of subdivision (b) shall not be criminally liable under that subdivision if the act is performed under emergency and life-threatening conditions. |
|---|
| 73 | 73 | | |
|---|
| 74 | 74 | | (g) Any person who violates subdivision (a) or (b) shall be punished by a fine not to exceed fifty thousand dollars ($50,000), or by imprisonment pursuant to subdivision (h) of Section 1170 for three, four, or five years, or by both that fine and imprisonment. |
|---|