Bill Text: CA AB1356 | 2021-2022 | Regular Session | Amended
Bill Title: Reproductive health care services.
Spectrum: Partisan Bill (Democrat 10-0)
Status: (Passed) 2021-09-22 - Chaptered by Secretary of State - Chapter 191, Statutes of 2021. [AB1356 Detail]
Download: California-2021-AB1356-Amended.html
Amended
IN
Senate
July 08, 2021 |
Amended
IN
Senate
June 10, 2021 |
Amended
IN
Assembly
April 19, 2021 |
Amended
IN
Assembly
March 25, 2021 |
Introduced by Assembly Member Bauer-Kahan (Coauthors: Assembly Members Aguiar-Curry, Boerner Horvath, Cervantes, Friedman, Irwin, Carrillo, Levine, and Blanca Rubio) |
February 19, 2021 |
LEGISLATIVE COUNSEL'S DIGEST
Digest Key
Vote: MAJORITY Appropriation: NO Fiscal Committee: YES Local Program: YESBill Text
The people of the State of California do enact as follows:
SECTION 1.
Section 6218 of the Government Code is amended to read:6218.
(a) (1) A person, business, or association shall not knowingly publicly post or publicly display, disclose, or distribute in any manner and in any forum, including, but not limited to, internet websites and social media, the personal information or image of any reproductive health care services patient, provider, or assistant, or other individuals residing at the same home address with the intent to do either of the following:SEC. 2.
Section 6218.01 of the Government Code is amended to read:6218.01.
(a) (1) A person shall not post on the internet, with the intent that another person imminently use that information to commit a crime involving violence or a threat of violence against a reproductive health care services patient, provider, or assistant, or other individuals residing at the same home address, the personal information or image of a reproductive health care services patient, provider, or assistant, or other individuals residing at the same home address.(c)This section shall remain in effect only until January 1, 2025, and as of that date is repealed.
(a)(1)A person shall not post on the internet, with the intent that another person imminently use that information to commit a crime involving violence or a threat of violence against a reproductive health care services patient, provider, or assistant, or other individuals residing at the same home address, the personal information or image of a reproductive health care services patient, provider, or assistant, or other individuals residing at the same home address.
(2)A violation of this subdivision is a misdemeanor punishable by a fine of up to ten thousand dollars ($10,000) per violation, imprisonment up to one year in a county jail, or by both that fine and imprisonment.
(3)A violation of this subdivision that leads to the bodily injury of a reproductive health care services patient, provider, or assistant, or other individuals residing at the same home address, is punishable by a fine of up to fifty thousand dollars ($50,000), imprisonment in a county jail not exceeding one year, or by both that fine and imprisonment.
(4)This section shall become operative on January 1, 2025.
SEC. 4.SEC. 3.
Section 6218.05 of the Government Code is amended to read:6218.05.
For purposes of this chapter, the following definitions apply:SEC. 5.SEC. 4.
Section 423.1 of the Penal Code is amended to read:423.1.
The following definitions apply for the purposes of this title:SEC. 6.SEC. 5.
Section 423.2 of the Penal Code is amended to read:423.2.
Every person who, except a parent or guardian acting towards their minor child or ward, commits any of the following acts shall be subject to the punishment specified in Section 423.3.SEC. 7.SEC. 6.
Section 423.3 of the Penal Code is amended to read:423.3.
(a) A first violation of subdivision (c), (d), (g), or (h) of Section 423.2 is a misdemeanor, punishable by imprisonment in a county jail for a period of not more than one year, or a fine not to exceed ten thousand dollars ($10,000), or both that fine and imprisonment.(i)This section shall remain in effect only until January 1, 2025, and as of that date is repealed.
(a)A first violation of subdivision (c), (d), (g), or (h) of Section 423.2 is a misdemeanor, punishable by imprisonment in a county jail for a period of not more than one year, or a fine not to exceed ten thousand dollars ($10,000), or both that fine and imprisonment.
(b)A second or subsequent violation of subdivision (c), (d), (g), or (h) of Section 423.2 is a misdemeanor, punishable by imprisonment in a county jail for a period not to exceed more than one year, or a fine not to exceed twenty-five thousand dollars ($25,000), or by both that fine and imprisonment.
(c)A first violation of subdivision (a), (b), (e), or (f) of Section 423.2 is a misdemeanor, punishable by
imprisonment in a county jail for a period not to exceed more than one year, or a fine not to exceed twenty-five thousand dollars ($25,000), or by both that fine and imprisonment.
(d)A second or subsequent violation of subdivision (a), (b), (e), or (f) of Section 423.2 is a misdemeanor, punishable by imprisonment in a county jail for a period not to exceed more than one year, or a fine not to exceed fifty thousand dollars ($50,000), or by both that fine and imprisonment.
(e)In imposing fines pursuant to this section, the court shall consider applicable factors in aggravation and mitigation set out in Rules 4.421 and 4.423 of the California Rules of Court, and shall consider a prior violation of the federal Freedom of Access to Clinic Entrances Act of 1994 (18 U.S.C. Sec. 248), or a prior violation of a statute of another jurisdiction that would constitute a violation of
Section 423.2 or of the federal Freedom of Access to Clinic Entrances Act of 1994, to be a prior violation of Section 423.2.
(f)This title establishes concurrent state jurisdiction over conduct that is also prohibited by the federal Freedom of Access to Clinic Entrances Act of 1994 (18 U.S.C. Sec. 248), which provides for misdemeanor penalties for first violations and felony-misdemeanor penalties for second and subsequent violations. State law enforcement agencies and prosecutors shall cooperate with federal authorities in the prevention, apprehension, and prosecution of these crimes, and shall seek federal prosecutions when appropriate.
(g)No person shall be convicted under this article for conduct in violation of Section 423.2 that was done on a particular occasion where the identical conduct on that occasion was the basis for a conviction of that person under the federal
Freedom of Access to Clinic Entrances Act of 1994 (18 U.S.C. Sec. 248).
(h)This section shall become operative on January 1, 2025.