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California And Federal Legislation

2003-2004 Session


updated 08-01-04

The status of the following Anti-Life and Pro-life bills of the California Legislature for the two-year Legislative Session of 2003-04 are noted below.

You can search the California bills online by clicking here and using the keyword box enter the bill's number. The Legislative Analyst's Office provides updated information as actions, amendments, analyses, and votes occur.

Pro-Life Bills


AB 930 - Dennis Mountjoy (R - San Bernardino High Desert): This bill would require all licensed medical personnel and their ancillaries and assistants to promptly report their knowledge, or reasonable suspicion, that a minor has contracted a sexually transmitted disease or is pregnant, to a law enforcement or child protective agency. Current law does not require all of the staff of physicians, for example receptionists or schedulers, to be mandated reporters of child abuse, such as statutory rape. As a result many statutory rape cases go unreported, because the child neither sees a physician, or because the physician/abortionist does not have the same information as may have been revealed to the receptionist. This bill is supported by the many pro-life groups throughout California. However, the bill is opposed by those groups who say they are pro-female but in this instance have taken a contrary position to protecting females - i.e., Planned Parenthood, California National Organization for Women, American Civil Liberties Union, and Kaiser Permanente Medical Care Program. The bill was held in the Assembly Public Safety Committee since April 2003 and then died in Committee in February 2004.

AB 1041 - Sharon Runner (R - Lancaster, Palmdale, Victorville, Adelanto): This bill would require parental consent prior to releasing a student from school. Many school districts allow students to be released without parental permission for confidential medical appointments. AB 1041 was referred to the Assembly Committee on Education, where it was rejected on April 23rd, along party lines, Republicans supporting and Democrats opposing, and held in the Assembly Education Committee where it died in Committee in February 2004. Opposed by Planned Parenthood.
AB 1925 - Ray Haynes (R - Murrieta and portions of Riverside/San Diego Counties): Comprehensive Sexual Education and HIV/AIDS Prevention Instruction. Existing law (Education Code 51938) requires a school district to notify the parent or guardian of a pupil about instruction in comprehensive sexual health education and HIV/AIDS prevention and empowers a parent or guardian to excuse his or her pupil from all or part of that instruction. This bill would require, if the instruction in comprehensive sexual health education is to be taught by outside consultants, or if that instruction is to be given in an assembly by guest speakers, a school district must notify the parent or guardian of a pupil about that instruction, such notice must include the date of the instruction, and the name of the organization or affiliation of each guest speaker, no fewer than 14 days in advance of the instruction. Opposition during hearings was presented by Planned Parenthood Affiliates of California, the American Civil Liberties Union, th San Francisco Unified School District, the organization Being Alive Los Angeles, Inc. , and the California County Boards of Education.
AB 2291 - Ray Haynes (R - Murrieta and portions of Riverside/San Diego Counties): Prohibits the funding of an abortion under the Medi-Cal program unless the physician submits a statement signed by the patient that she is aware that it is against the law for anyone to force, intimidate, or coerce her into having an abortion. Failed passage in committee hearing April 13, 2004. Opposed by Planned Parenthood.
AB 2331 - Dennis Mountjoy (R - San Bernardino High Desert): For an abortion performed in the 3rd trimester of pregnancy, this bill requires the physician performing the abortion to offer to the pregnant woman information and counseling on fetal pain and offer to the pregnant woman anesthesia for the unborn child. The bill would require the physician to arrange for anesthesia to be administered, if the pregnant woman voluntarily consents for the unborn child. It would also require the woman to sign a document that information and counseling on fetal pain was provided and that the physician offered anesthesia for the fetus. Failed in Committee on May 4, 2004, those voting down the bill are Rebecca Cohn (D), Wilma Chan (D), Ed Chavez (D), Mervyn Dymally (D), Dario Frommer (D), Paul Koretz (D), Sally Lieber (D), Cinday Montanez (D), George Nakano (D), Gloria Negrete-Mcleod (D), Keith Richman (R), Mark Ridley-Thomas (D), Simon Salinas (D), Lois Wolk (D). Opposed by Planned Parenthood.
AB 3012 - Sharon Runner (R - Lancaster, Palmdale, Victorville, Adelanto): Would repeal SB 322, a bill signed into law last year, which requires that the Department of Health & Human Services develop an advisory committee to write guidelines for research involving the "derivation" of human embryonic stem cells from human embryos, either cloned or "left-over" from infertility programs. The process of "derivation" (a euphemistic term) of cells from human embryos results in killing the newly formed human being. SB 322 is one of the bills that Gov. Schwarzenegger asked to be repealed, because it was an unfunded mandate, one of many, passed last year. Remains in Committee since April 20, 2004. Opposed by Planned Parenthood.
SB 133 - Jim Battin (R - La Quinta): This bill prohibits human reproductive cloning and
therapeutic cloning which is an emerging business market. The bill is supported by the California Catholic Conference, California ProLife Council, Inc., Campaign for California Families, and the Committee on Moral Concerns. However, the bill is opposed by the American College of Obstetricians and Gynecologists, Bay Area Bioscience Center, BIOCOM San Diego, California Healthcare Institute, and the California Medical Association. The bill failed passage in committee with all democrats, the majority, opposing it.

SB 139 - Jim Brulte (R -Rancho Cucamonga): This bill offers helpful technical amendments to the Safe Arms for Newborns statute successfully authored by Senator Brulte in 2000. The original bill allows for surrender of a baby up to 72 hours old with anonymity and without fear of prosecution for abandonment. SB 139 would allow for safe surrender of the child to sites as designated by county boards of supervisors, rather than to designated individuals at the sites; and requires that safe-surrender sites post signs informing the public of this confidential option. Chaptered into law on August 1, 2003.

SB 250 - Jim Battin (R - La Quinta): -- This bill would have required that receptionists, support staff, administrative employees or volunteers of agencies that provide health care be included among those who by law must report reasonably suspected child abuse and neglect. SB 250 failed in the Senate Health & Human Services Committee on March 26, 2003 on a vote of 2-5, with Republican Senators Aanestad and Battin supporting and Democrat Senators Deborah Ortiz, Dean Flores, Sheila Kuehl, Gloria Romero and John Vasconcellos opposing. The bill also failed passage in the Senate Public Safety Committee, votes in opposition included Gloria Romero and Byron Sher. Opposed by Planned Parenthood.

SB 267 - Knight: This bill would require the Department of Health Services to develop and implement a program of abstinence education in a manner that would maximize federal funding resources and specify the purpose and subjects of the program. Supported by pro-family groups. Failed passage in committee in March 2003, with all Democrats opposing the bill. Opposed by Planned Parenthood.
SB 1593 - Dennis Hollingsworth (North Central San Diego County): This bill is essentially the same bill as AB 2291, except it has been introduced on the Senate side, so that the issue will be addressed in committees of both houses of the California Legislature. Rejected in Senate and Assembly Health Committees in April 2004. Opposed by Planned Parenthood.


S 3 - Partial Birth Abortion Ban Act: The bill bans "partial-birth abortion," and it legally defines a partial-birth abortion as any abortion in which the baby is delivered "past the [baby's] navel . . . outside the body of the mother," OR "in the case of head-first presentation, the entire fetal head is outside the body of the mother," BEFORE being killed. The complete official text of the bill signed by President Bush, in a searchable format, is available at Planned Parenthood at this point has located judges who have stayed the implementation of this legislation.
HR 1997 - Unborn Victims of Violence Act (UVVA): This bill passed in the House of Representatives by a vote of 254-163. The bill states that if in the commission of a federal crime there is a result that there are the deaths of both a pregnant woman and an unborn child, there are then two victims. The UVVA is also known as "Laci and Conner's Law." Senate Democrats including our own two senators, Barbara Boxer and Dianne Feinstein, attempted to obstructing the bill. All Democrats in the California delegation voted to scuttle the bill, except for Dennis Cardoza of Merced. All Republicans voted to oppose the scuttling attempt, except for Mary Bono, Doug Ose and Bill Thomas. Except for Mary Bono, all Republicans voted for final passage of the UVVA. Planned Parenthood opposed the bill.

Anti-Life Agenda
SB 322 - Deborah Ortiz (D-Sacramento): This bill requires the Director of the State Department of Health Services to establish a Human Stem Cell Research Review Council. The provisions of the bill are consistent with the recommendations of the Advisory Committee on Human Cloning but extend the mandate for the development of guidelines to all forms of embryonic stem cell research. In legislative session 2002 Senator Ortiz successfully had her bill passed which declares that it is state policy that stem cell research in all forms shall be permitted in California. Signed in to law by Gov. Davis. (Related legislation by Sen. Ortiz includes SB 771 which an establishes an anonymous embryo registry; SB 778 which authorizes general obligation bonds for biomedical research; SB 765 which authorizes lease revenue bonds for biomedical research.)
SB 473 - Dean Florez (D-Shafter ):This bill would require the Superintendent of Public Instruction to appoint a State School Health Advisory Council to make recommendations regarding model health services programs in schools. A similar bill was passed in the Assembly last year when Sen. Florez was an Assemblyman. The state School Health Advisory Council would include agencies such as Planned Parenthood. However, the Governor did veto last year's bill. The committee hearing was canceled by the bill's author in February 2004.
SB 771 - Deborah Ortiz (D-Sacramento): This bill would require the State Department of Health Services to establish and maintain an anonymous registry of embryos that would provide researchers with access to embryos that are available for research purposes. Signed in to law by Gov. Davis. Supported by Planned Parenthood.
SB 778 - Deborah Ortiz (D-Sacramento): This bill would enact the Biomedical Research and Development Act of 2004, which authorizes the issuance of bonds in an unspecified amount for purposes of financing a biomedical research and development. Such funds would be used to support embryonic stem cell research. Held in the Senate Appropriations Committee's Suspense File. Now the point may be moot with the pending Proposition 71 to be voted on at the November 2004 elections (this bond bill is for $3 billion in tax funds plus another $3 billion in interest for embryonic stem cell research).
AB 267 - Gene Mullin (D-San Mateo): —Removes one of two definitions of human cloning, which were a part of the phony ban on human cloning passed by the California Legislature last year (SB 1230—Senator Dede Alpert). The definition remaining appears to give the green light to allow cloned human embryos to be grown to the eight-week stage (when the embryo technically becomes a fetus) before requiring his or her destruction. This would allow the harvesting of, not only stem cells, but specific organs for use in research or experimentation—in any case, killing the donor embryo in the process. Committee hearing canceled by the bill's author.
AB 996 - Patricia Wiggins (D-Sonoma, Solano, Napa): Existing law provides that a commercial property insurance policy, if the insured is a religious, educational, or other nonprofit organization that is organized and operated for religious, charitable, or educational purposes, as specified, may not be canceled, nor may the insurer refuse to renew the policy, because a claim was made against the policy in the preceding 60 months for a loss that was the result of a hate crime. This bill amending the insurance code, expanding the definition of hate crime to include a reproductive health services facility (i.e., abortion facility). Signed in to law by Gov. Davis. Supporting groups for this bill include Planned Parenthood Affiliates of California (sponsor), Planned Parenthood Mar Monte, and Planned Parenthood Golden Gate.
AJR 2 - Hannah-Beth Jackson (D-Santa Barbara/Ventura):The California Assembly "celebrated" 42 million abortions under 30 years of Roe v. Wade through this non-binding resolution, which garnered 54 Assembly and Senate co-authors. It will be sent to the President and members of Congress, asking them to uphold Roe v. Wade and to "encourage all Americans to participate in the national celebration, 'Celebrating 30 Years of Roe v. Wade.' " Signed by Gov. Davis. Supported by Planned Parenthood.
AJR 57 - Hannah-Beth Jackson (D-Santa Barbara/Ventura); Wilma Chan (Oakland): "A joint resolution memorializes the President and the U.S. Congress to stand firm in their resolve to uphold the intent and substance of the U.S. Supreme Court decision in Roe v. occasion deserving of celebration and special public commendations." Supported by Planned Parenthood Affiliates of California, NARAL Pro-Choice California, California Commission on the Status of Women, California National Organization for Women, California Women Lawyers.

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You can access bill text, committee analyses, and votes on these bills, and all others, on the Assembly or Senate Websites-- or Click on “Legislation,” and select the 2003-2004 Session, then insert the bill number.

To register your support or disapproval with your assembly member or state senator on any of the bills, you can write to (State Capitol, Sacramento, Ca 95814), or call, or FAX them. Phone calls and faxes receive more attention than e-mails, but if you elect to use e-mail, state your "Support of" or "Oppose to" in the Subject Line along with the "Bill Number" and Bill "Subject Title" as noted below. You can obtain the assembly member's or state senator's phone, fax or e-mail address through the following link:

You can also follow the progress of bills by entering the bill's number in the "keyword" space at the Legislative Analyst's Office at the internet address of By subscribing to any individual bill you can also be provided an e-mail update.

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