KCRA News published December 13, 2022: Abortion, minimum wage increases among new California laws that go into effect in January
The new year will usher in hundreds of new California laws. We take a look at those, explain the laws that go into effect later this year, and provide you an update on laws that were supposed to go into effect but may be blocked or delayed.
The new year will usher in hundreds of new California laws. From protecting abortion and gender-affirming health care to legalizing jaywalking, state lawmakers and the governor approved a swath of new rules in the state that take effect in January. We take a look at those, explain the laws that go into effect later this year, and provide you an update on laws that were supposed to go into effect but may be blocked or delayed.
KCRA News
New
written by Ashley Zavala
Friday December 16, 2022
SACRAMENTO, Calif. — The new year will usher in hundreds of new California laws. From protecting abortion and gender-affirming health care to legalizing jaywalking, state lawmakers and the governor approved a swath of new rules in the state that take effect in January.
We take a look at those, explain the laws that go into effect later this year, and provide you an update on laws that were supposed to go into effect but may be blocked or delayed.
Health care
Gender-affirming care: SB 107 aims to make California a sanctuary state for transgender health care, shielding transgender people, including youth and their parents, from legal action from states with bans and restrictions.
Abortion: Several reproductive healthcare-related measures have either already taken effect or will at the start of the year in response to the United State Supreme Court's decision to overturn federal abortion protections, which restricted access to the procedure in several states.
This includes laws that protect medical records and cooperation with out-of-state entities regarding abortion restrictions (AB 2091, AB 1242), expands abortion training options and providers (SB 1375), and protections for people from criminal or civil liabilities for pregnancy loss or abortion (AB 2223).
COVID-19: AB 2963 requires workplaces to continue providing employees with COVID-19 exposure notifications until 2024.
AB 2098 makes it easier for the California Medical Board to punish doctors who spread COVID-19 misinformation.
Labor
Minimum wage increase: SB 3 (2016) will raise California's minimum wage to $15.50.
Pay transparency: SB 1162 requires employers to make salary ranges for available job positions to applicants and employees. It also sets new pay data reporting requirements based on gender and race.
Paid family leave: SB 951 increases the share of paid family leave provided to lower-income Californians. It extends what was a temporary increase in the benefit from 55% of wages to 60% to 70% depending on income. In 2025, the bill requires an increase of the benefit to 70%.
KCRA News published December 16, 2022: New California laws for 2023: Public safety.
Public Safety and Criminal Justice
Rape kits: SB 1228 prohibits law enforcement agencies from using the DNA collected from a sexual assault victim from being used in the investigation of an unrelated crime.
Free prison phone calls: SB 1008 provides free phone calls to people detained in California prisons and jails.
Rap lyrics in court: AB 2799 limits the use of creative expression, such as rap lyrics, as evidence in criminal cases.
Retail theft: AB 1700 sets up a section on the state Attorney General’s office website to report stolen items.
AB 2294 gives law enforcement the ability to keep those in custody who are accused of organized retail theft.
Immigration status in court: SB 836 prohibits disclosure of a person’s immigration status in open court in a criminal case by any party unless approved by a judge.
Jaywalking: AB 2147 allows pedestrians to jaywalk (or cross the street outside of an intersection) without being ticketed, as long as the crossing is done when it's safe to do so.
Retail
Pink tax: AB 1287 prohibits gender-based pricing on products based on who they're marketed toward.
Fur: AB 44 (2019) bans the sale and manufacturing of new fur clothing and accessories. It does not apply to used fur products, leather, cowhide, faux fur or shearling.
Food packaging: AB 1200 bans the sale, distribution or offering of any food packaging that contains perfluoroalkyl and polyfluoroalkyl substances, also knowns as PFAS.
KCRA News December 16, 2022: Hundreds of new laws to take effect in 2023. Here’s how they’ll impact businesses.
When the new year starts in a couple weeks, hundreds of new laws will take effect. KCRA 3’s Capitol correspondent Ashley Zavala shares how some of them will impact businesses and how you shop. Get the full story in the video above.
Laws that take effect later this year
Mental Health: SB 1338, also known as CARE Court, will launch new judicial branches in six California counties in October, which would provide court-ordered mental health care to severely mentally ill, unhoused people. Those counties are Glenn, Orange, Riverside, San Diego, Stanislaus, and Tuolumne. The rest of the state is expected to implement the new system by the end of 2024.
Housing: AB 2011 aims to boost housing production and affordability by turning unused retail spaces into homes and communities. It goes into effect on July 1.
Guns: AB 1594 allows the state attorney general, local prosecutors and anyone who suffered harm as a result of gun violence in California to sue firearm manufacturers.
Sealed convictions: SB 731 allows most old convictions on non-violent or non-sex-related offenses in criminal records to be permanently sealed. It applies to previous convictions of those who completed their sentence and did not return to the criminal justice system.
New laws that may be delayed or blocked
Farmworker unionization: AB 2183 makes it easier for farmworkers in California to unionize. The implementation of this law has been delayed following an agreement signed by the governor and labor leaders.
The governor agreed to sign the bill, with conditions, after facing political pressure from high-profile people and politicians, including President Joe Biden.
One of those conditions involved striking out nearly half of the measure that farmworker groups had been pushing for, while another is based on the assumption the state Legislature — a completely separate body from his branch in state government — will approve the changes he wants.
Fast food workers: AB 257 would create a state council to bargain wages and working conditions on behalf of the than half-million fast food workers in the state. Opponents of the measure have said they have gathered more than enough signatures to keep the measure from going into effect, and to give voters the final say on the issue in 2024.
KCRA News published December 23, 2022: New California laws for 2023: Drilling law and gas prices. SB 1137 establishes new setbacks for new oil drilling near communities across the state. Opponents have launched the referendum process to land the issue on the 2024 ballot and face a key signature-gathering deadline this week to keep it from going into effect.
Oil drilling boundaries: SB 1137 establishes new setbacks for new oil drilling near communities across the state. Opponents have launched the referendum process to land the issue on the 2024 ballot and face a key signature-gathering deadline this week to keep it from going into effect.
KTLA5 News published May 24, 2022: CA Assembly passes bill to block 'heartbeat' abortion laws.
The Federalist
written by Katelynn Richardson
Tuesday April 12, 2022
A California bill reveals what abortion activists really want—the convenience of an unrestrained right to murder babies.
Activists’ days of using sanitized euphemisms to mask the horrors of abortion are drawing to a close. The vague “right to choose” mantra is quickly morphing into the right to kill a full-term baby after birth, with no questions asked.
A California bill passed last week by the state Assembly Judiciary Committee and now on its way to the Assembly Health Committee could permit infanticide, opponents warn. The bill, AB 2223, is brought to citizens by the Future of Abortion Council, a group of more than 40 abortion advocacy groups organized at the urging of Gov. Gavin Newsom to help make California an “abortion sanctuary” state.
The bill’s sponsor, Assemblywoman Buffy Wicks, claims it does not legalize infanticide but “protects reproductive freedom by clarifying that the Reproductive Privacy Act prohibits pregnancy criminalization.”
However, the text prohibits investigations into deaths “related to or following known or suspected self-induced or criminal abortion” and would “delete the requirement that an unattended fetal death be handled as a death without medical attendance.” The bill also removes criminal liability for “actions or omissions” with respect to pregnancy and pregnancy outcomes.
‘Perinatal Death’ Is Frighteningly Broad
The biggest problem is found in Section 7, where the bill provides broad protection in the case of “perinatal death due to a pregnancy-related cause.” The bill text states:
The Legislature finds and declares that every individual possesses a fundamental right of privacy with respect to personal reproductive decisions, which entails the right to make and effectuate decisions about all matters relating to pregnancy, including prenatal care, childbirth, postpartum care, contraception, sterilization, abortion care, miscarriage management, and infertility care.---Notwithstanding any other law, a person shall not be subject to civil or criminal liability or penalty, or otherwise deprived of their rights under this article, based on their actions or omissions with respect to their pregnancy or actual, potential, or alleged pregnancy outcome, including miscarriage, stillbirth, or abortion, or perinatal death due to a pregnancy-related cause.
Legal experts explain the word “perinatal” is not clearly defined, meaning it could be used to justify killing a baby weeks after birth, depending on how it is interpreted by courts. According to multiple dictionaries, “perinatal” means “the period around childbirth, especially the five months before and one month after birth.”
The California Family Council notes that definitions of the word all include the period from 22 weeks of gestation to at least seven days post-birth. The World Health Organization also holds to this definition.
Existing California law expands the period. In California’s Welfare and Institutions Code, “perinatal” refers to the period “from the establishment of pregnancy to one month following delivery.” Elsewhere, the term “perinatal services” encompasses 60 days after delivery.
Cases of babies surviving abortion attempts have been extensively documented. But this bill permits abortionists to allow infants born alive to die by neglect.
“In California under AB 2223, former Philadelphia abortionist Kermit Gosnell, who murdered three infants born alive after botched abortions, could not be prosecuted,” explained Susan Arnall, an attorney and director of outreach for the Right to Life League. “And incredibly, someone like Gosnell who helped a California mother kill her newborn after birth will actually have a cause of action to sue police for investigating the matter if AB 2223 becomes law.”
Don’t Let the Vague Amendment Fool You
AB 2223 was amended on April 6 to add “due to a pregnancy-related cause” at the end of “perinatal death.” But Arnall told me the addition is meaningless and does “absolutely nothing to address the justifiable concerns relating to infanticide” or change what constitutes a perinatal death.
“To date, AB 2223 as amended will decriminalize infanticide — the death of a baby born alive, whether as a result of a failed abortion (which is already exempted from prosecution by CA Penal Code Section 187) or for some other reason like neglect or harm by the mother or a third party during the perinatal period,” Arnall said.
Arnall believes the amended bill also still discourages investigation into infant deaths.
“While the April 6 amendments attempt to address problems concerning immunity for government investigations, the bill will likely chill investigation of infant deaths since it empowers mothers and anyone connected with the death of a newborn to bring a private cause of action for damages ($25,000 penalty), including the threat of attorney fees upon motion to a judge, against people who inquire into a newborn’s death,” she said. “What impact will this bill have on private health care providers, doctors or nurses who report a perinatal death?”
Pro-lifers often highlight the absurdity of pro-choice arguments by pointing out there is no practical difference between a baby just before birth and just after birth. Once upon a time, this challenge gave some abortion advocates pause. Not anymore.
As California Family Council President Jonathan Keller told CBN, AB 2223 opens the door to “open season on unwanted newborns.”
“For years, pro-life advocates have argued there is no moral difference between ending a child’s life days before birth or days after birth,” Keller said. “California’s pro-abortion legislators now seemingly agree.”
It’s Not Just California
A similar bill in Maryland, SB 669, entirely strips pre-born babies of all rights, declaring that nothing “shall be construed to confer personhood or any rights on the fetus.” It also bans investigations or criminal charges for death by neglect during the perinatal period.
“One blue-state bill that would allow a born baby to be neglected to death might be an anomaly,” said author Wesley J. Smith in response to the Maryland bill. “A second that does that — and perhaps could be interpreted to allow infanticide, also — is a pattern,” he continued. “The cultural Left is blazing new grounds of depravity.”
In Colorado, Gov. Jared Polis last week signed HB 1279, which will specifically strip unborn babies of any rights as human beings, as well as “permit abortion-on-demand for any reason in Colorado, permit abortion discrimination based on sex or race or ability level,” according to the Catholic Charities Archdiocese of Denver.
The progression should not come as a total surprise, as academics, most notably Princeton University ethics professor Peter Singer, have been discussing the case for infanticide for years. Three years ago, Virginia Democrat Gov. Ralph Northam made headlines for suggesting that a baby who survived an abortion could be killed by doctors at the mother’s direction. The law is just catching up.
AB 2223 is one of many pieces of legislation supported by California’s Future of Abortion Council. In January, Governor Newsom also allocated $20 million of the state budget proposal to loan repayments and scholarships for medical students and healthcare providers who “commit to providing reproductive health care services.”
As the final touch on an already radical bill, AB 2223 erases the fact that pregnancy is a uniquely female gift, replacing all references to “women” with “pregnant people.”
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