Amended  IN  Senate  June 13, 2022
Amended  IN  Senate  June 28, 2021
Amended  IN  Assembly  May 24, 2021
Amended  IN  Assembly  April 28, 2021

CALIFORNIA LEGISLATURE— 2021–2022 REGULAR SESSION

Assembly Bill
No. 1242

Introduced by Assembly Member Bauer-Kahan Members Bauer-Kahan, Mia Bonta, and Cristina Garcia
(Coauthor: Assembly Member Eduardo Garcia)(Coauthors: Assembly Members Aguiar-Curry, Boerner Horvath, Calderon, Carrillo, Cervantes, Friedman, Gabriel, Haney, Holden, Irwin, Petrie-Norris, Blanca Rubio, Akilah Weber, Wicks, and Wilson)
(Coauthors: Senators Caballero, Skinner, and Wiener)

February 19, 2021

An act to amend Section 19819 of the Business and Professions Code, relating to gambling. An act to add Section 13778.2 to the Penal Code, relating to reproductive rights.


LEGISLATIVE COUNSEL'S DIGEST


AB 1242, as amended, Bauer-Kahan. California Gambling Control Commission: voting records. Reproductive rights.
Existing law includes a declaration of the Legislature that every individual possesses a fundamental right of privacy with respect to reproductive decisions, including the fundamental right to choose to bear a child or obtain an abortion. Existing law prohibits the state from denying or interfering with a woman’s fundamental right to choose to bear a child or obtain an abortion prior to viability of the fetus, as defined, or when necessary to protect her life or health.
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. Existing law requires all law enforcement agencies to develop, adopt, and implement written policies and standards for responding to anti-reproductive-rights calls by January 1, 2023.
This bill would prohibit a peace officer from arresting a person for performing or aiding in the performance of an abortion or for obtaining an abortion, if it falls within specified protections. The bill would prohibit law enforcement agencies from cooperating with or providing information to an individual or agency from another state regarding a lawful abortion. The bill would not prohibit the investigation of criminal activity that may involve an abortion, provided that no information relating to any medical procedure performed on a specific individual may be shared with an agency or individual from another state for the purpose of enforcing another state’s abortion law.

Existing law, the Gambling Control Act, establishes the California Gambling Control Commission, which is responsible for licensing and regulating various legalized gambling activities and establishments. Existing law requires the California Gambling Control Commission to maintain a public record of every vote at its principal office.

This bill would require the California Gambling Control Commission to post a public record of every vote on the commission’s internet website no later than the close of business of the 2nd business day after the meeting at which the vote was taken.

Vote: MAJORITY   Appropriation: NO   Fiscal Committee: YES   Local Program: NO  

The people of the State of California do enact as follows:


SECTION 1.

 Section 13778.2 is added to the Penal Code, to read:

13778.2.
 (a) A peace officer shall not arrest any person for performing or aiding in the performance of an abortion within this state, or obtaining an abortion in this state, if the abortion falls within the protections of Section 123466 of the Health and Safety Code.
(b) A peace officer shall not cooperate with or provide information to any individual or agency or department from another state regarding a lawful abortion protected under Section 123466 of the Health and Safety Code performed in this state.
(c) This section does not prohibit the investigation of any criminal activity in this state that may involve the performance of an abortion, provided that information relating to any medical procedure performed on a specific individual is not shared with an agency or individual from another state for the purpose of enforcing another state’s abortion law.

SECTION 1.Section 19819 of the Business and Professions Code is amended to read:
19819.

(a)The commission shall establish and maintain a general office for the transaction of its business in Sacramento. The commission may hold meetings at any place within the state when the interests of the public may be better served.

(b)A public record of every vote shall be maintained at the commission’s principal office and posted on the commission’s internet website no later than the close of business of the second business day after the meeting at which the vote was taken.

(c)A majority of the membership of the commission is a quorum of the commission. The concurring vote of three members of the commission shall be required for any official action of the commission or for the exercise of any of the commission’s duties, powers, or functions.

(d)Except as otherwise provided in this chapter, Article 9 (commencing with Section 11120) of Chapter 1 of Part 1 of Division 3 of Title 2 of the Government Code applies to meetings of the commission. Notwithstanding Section 11125.1 of the Government Code, documents that are filed with the commission by the department for the purpose of evaluating the qualifications of an applicant are exempt from disclosure under Chapter 3.5 (commencing with Section 6250) of Division 7 of Title 1 of the Government Code.