AB 3140 California Assembly · 2019-2020 Regular Session

Access to reproductive health services.

Summary
(1) Existing law prohibits a person, business, or association from knowingly publicly posting or displaying on the internet the home address or home telephone number of a provider, employee, volunteer, or patient of a reproductive health care services facility, or of persons residing at the same home address as a provider, employee, volunteer, or patient of a reproductive health services facility, with the intent to incite a 3rd person to cause imminent great bodily harm to the person identified in the posting or display, or to a coresident of that person, where the 3rd person is likely to commit this harm, or to threaten the person identified in the posting or display, or a coresident of that person, in a manner that places the person identified or the coresident in objectively reasonable fear for the person's or coresident's personal safety. Existing law establishes a cause of action for damages and declaratory relief for violations. This bill, instead, would prohibit a person, business, or association from knowingly publicly posting, displaying, disclosing, or distributing the personal information, as defined, or image, or a reproductive health services patient, provider, or assistant, as defined, without that person's consent and with the above-specified intent. Existing law makes it a misdemeanor, punishable by up to 6 months in a county jail, a fine of not more than $2,500, or both that fine and imprisonment, to post the home address, telephone number, or personally identifying information about a provider, employee, volunteer, or patient of a reproductive health service facility or other individuals residing at the same home address with the intent that another person imminently use that information to commit a crime involving violence or a threat of violence against that person or entity. If the violation leads to bodily injury of the person, existing law makes it a misdemeanor punishable by up to one year in a county jail, a fine of up to $5,000, or both that crime and imprisonment. This bill would make it a crime to post personal information or an image of a provider, employee, volunteer, or patient and would increase the penalty to either imprisonment in a county jail for either one year or 16 months or 2 or 3 years, a fine of up to $10,000, or both that fine and imprisonment, and would make violation a felony if bodily injury occurs. By increasing the penalty for a crime, this bill would impose a state-mandated local program. (2) Existing law, the California Freedom of Access to Clinic and Church Entrances Act (the Act) , prohibits specified actions that, by force, threat of force, or physical obstruction, impede access to reproductive health services facilities, as defined. This bill would also make it a crime, within 100 feet of the entrance to or within a reproductive health services facility, to intentionally videotape, film, photograph, or record by electronic means a reproductive health services patient, provider, or assistant, as defined, because of that status or in order to intimidate a person or entity, or a class of persons or entities, from becoming or remaining a reproductive health services patient, provider, or assistant. The bill would also make it a crime to intentionally disclose or distribute material obtained in violation of that provision to intimidate a person or entity, or a class of persons or entities, from becoming or remaining a reproductive health services patient, provider, or assistant. Existing law specifies the penalties for violation of the Act, including imprisonment as a misdemeanor and specified fines. This bill would increase the penalties for the existing crimes, including making some instances a felony and increasing fines, and would establish the same penalties for the newly added crimes described. By increasing the penalty for a crime, this bill would impose a state-mandated local program. (3) Existing law, the Reproductive Rights Law Enforcement Act, requires the Attorney General to carry out certain functions relating to anti-reproductive-rights crimes in consultation with, among others, subject matter experts, and requires the Commission on the Status of Women and Girls to convene an advisory committee that consists of members of the organizations identified as subject matter experts. Existing law requires the advisory committee to make 2 reports to specified legislative entities, the Commission on Peace Officer Standards and Training (POST) , and the Commission on the Status of Women and Girls, the first by December 31, 2007, and the 2nd by December 31, 2011, to evaluate the implementation of the act and making recommendations. This bill would require the advisory council to make 2 additional reports, the first by December 31, 2024, and the 2nd by December 31, 2029, for the same purposes. Existing law requires POST to develop a 2-hour telecourse on anti-reproductive-rights crimes and make the telecourse available to all California law enforcement agencies and to the advisory committee. This bill would also require the commission to keep the telecourse updated and to provide the updated course to the prescribed entities. (4) The California Constitution requires the state to reimburse local agencies and school districts for certain costs mandated by the state. Statutory provisions establish procedures for making that reimbursement. This bill would provide that no reimbursement is required by this act for a specified reason.
Bill status in committee 1 of 4 stages cleared
Introduction
Feb 2020
Committee Review
Floor Vote
Governor
Introduced Feb 21, 2020 Last action May 5, 2020
Floor votes

How they voted

No floor votes recorded yet.
Full legislative history

Actions timeline

Total actions
6
Key actions
1
Committee
3
May 5, 2020
Committee
Re-referred to Com. on PUB. S.
lower
Apr 24, 2020
Committee
Referred to Com. on PUB. S.
lower
Feb 22, 2020
Lower · Passed
From printer. May be heard in committee March 23.
lower
Feb 21, 2020
Introduced
Introduced. To print.
lower
1 primary · 0 co-sponsors

Sponsors

Role
Legislator
Party
State
District
P
Photo of Rebecca Bauer-Kahan
Rebecca Bauer-Kahan
DDemocratic
CA
16