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2005 California Penal Code Sections 13775-13779 TITLE 5.7. REPRODUCTIVE RIGHTS LAW ENFORCEMENT ACT

PENAL CODE
SECTION 13775-13779

13775.  This title shall be known and may be cited as the
Reproductive Rights Law Enforcement Act.
13776.  The following definitions apply for the purposes of this
title:
   (a) "Anti-reproductive-rights crime" means a crime committed
partly or wholly because the victim is a reproductive health services
client, provider, or assistant, or a crime that is partly or wholly
intended to intimidate the victim, any other person or entity, or any
class of persons or entities from becoming or remaining a
reproductive health services client, provider, or assistant.
"Anti-reproductive-rights crime" includes, but is not limited to, a
violation of subdivision (a) or (c) of Section 423.2.
   (b) "Subject matter experts" includes, but is not limited to, law
enforcement agencies experienced with anti-reproductive-rights
crimes, and organizations such as the American Civil Liberties Union,
the American College of Obstetricians and Gynecologists, the
California Abortion and Reproductive Rights Action League, the
California Medical Association, the Feminist Majority Foundation, the
National Abortion Federation, the National Organization for Women,
and the Planned Parenthood Federation of America that represent
reproductive health services clients, providers, and assistants.
   (c) "Crime of violence," "nonviolent," "reproductive health
services;" "reproductive health services client, provider, or
assistant;" and "reproductive health services facility" each has the
same meaning as set forth in Section 423.1.
13777.  (a) Except as provided in subdivision (d), the Attorney
General shall do each of the following:
   (1) Collect and analyze information relating to
anti-reproductive-rights crimes, including, but not limited to, the
threatened commission of these crimes and persons suspected of
committing these crimes or making these threats.  The analysis shall
distinguish between crimes of violence, including, but not limited
to, violations of subdivisions (a) and (e) of Section 423.2, and
nonviolent crimes, including, but not limited to, violations of
subdivision (c) of Section 423.2.  The Attorney General shall make
this information available to federal, state, and local law
enforcement agencies and prosecutors in California.
   (2) Direct local law enforcement agencies to report to the
Department of Justice, in a manner that the Attorney General
prescribes, any information that may be required relative to
anti-reproductive-rights crimes.  The report of each crime that
violates Section 423.2 shall note the subdivision that prohibits the
crime.  The report of each crime that violates any other law shall
note the code, section, and subdivision that prohibits the crime.
The report of any crime that violates both Section 423.2 and any
other law shall note both the subdivision of Section 423.2 and the
other code, section, and subdivision that prohibits the crime.
   (3) On or before July 1, 2003, and every July 1 thereafter, submit
a report to the Legislature analyzing the information it obtains
pursuant to this section.
   (4) (A) Develop a plan to prevent, apprehend, prosecute, and
report anti-reproductive-rights crimes, and to carry out the
legislative intent expressed in subdivisions (c), (d), (e), and (f)
of Section 1 of the act that enacts this title in the 2001-2002
session of the Legislature.
   (B) Make a report on the plan to the Legislature by December 1,
2002.  The report shall include recommendations for any legislation
necessary to carry out the plan.
   (5) Make a report to the Legislature in 2005, that evaluates the
implementation of the act that enacts this title in the 2001-02
Regular Session, any legislation recommended pursuant to subparagraph
(B) of paragraph (4), and the plan developed pursuant to
subparagraph (A) of paragraph (4).  The report shall also include a
recommendation concerning whether the Legislature should extend or
repeal the sunset date in Section 13779 and recommendations regarding
any other necessary legislation.
   (b) In carrying out his or her responsibilities under this
section, the Attorney General shall consult the Governor, the
Commission on Peace Officer Standards and Training, and other subject
matter experts.
   (c) To avoid production and distribution costs, the Attorney
General may submit the reports that this section requires
electronically or as part of any other reports that he or she submits
to the Legislature, and shall post the reports that this section
requires on the Department of Justice Web site.
   (d) The Attorney General shall implement this section to the
extent the Legislature appropriates funds in the Budget Act or
another statute for this purpose.
13778.  (a) The Commission on Peace Officer Standards and Training,
utilizing available resources, shall develop a two-hour telecourse on
anti-reproductive-rights crimes and make the telecourse available to
all California law enforcement agencies as soon as practicable after
chaptering of the act that enacts this title in the 2001-2002
session of the Legislature.
   (b) Persons and organizations, including, but not limited to,
subject-matter experts, may make application to the commission, as
outlined in Article 3 (commencing with Section 1051) of Division 2 of
Title 11 of the California Code of Regulations, for certification of
a course designed to train law enforcement officers to carry out the
legislative intent expressed in paragraph (1) of subdivision (d) of
Section 1 of the act that enacts this title in the 2001-02 Regular
Session.
   (c) In developing the telecourse required by subdivision (a), and
in considering any applications pursuant to subdivision (b), the
commission, utilizing available resources, shall consult the Attorney
General and other subject matter experts, except where a subject
matter expert has submitted, or has an interest in, an application
pursuant to subdivision (b).
13779.  This title shall remain in effect until January 1, 2007, and
as of that date is repealed unless a later enacted statute deletes
or extends that date.


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