2007 California Penal Code Title 5.7. Reproductive Rights Law Enforcement Act

CA Codes (pen: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, the
Commission on the Status of Women, law enforcement agencies
experienced with anti-reproductive-rights crimes, including the
Attorney General and the Department of Justice, and organizations
such as the American Civil Liberties Union, the American College of
Obstetricians and Gynecologists, the California Council of Churches,
the California Medical Association, the Feminist Majority Foundation,
NARAL Pro-Choice California, the National Abortion Federation, the
California National Organization for Women, the Planned Parenthood
Federation of America, Planned Parenthood Affiliates of California,
and the Women's Health Specialists clinic 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 2001-02 Regular
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.
   (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.



13777.2.  (a) The Commission on the Status of Women shall convene an
advisory committee consisting of one person appointed by the
Attorney General and one person appointed by each of the
organizations named in subdivision (b) of Section 13776 that chooses
to appoint a member, and any other subject matter experts the
commission may appoint. The advisory committee shall elect its chair
and any other officers of its choice.
   (b) The advisory committee shall make a report by December 31,
2007, to the Committees on Health, Judiciary, and Public Safety of
the Senate and Assembly, to the Attorney General, the Commission on
Peace Officer Standards and Training, and the Commission on the
Status of Women. The report shall evaluate the implementation of
Chapter 899, Statutes of 2001 and the effectiveness of the plan
developed by the Attorney General pursuant to subparagraph (A) of
paragraph (4) of Section 13777. The report shall also include
recommendations concerning whether the Legislature should extend or
repeal the sunset dates in Section 13779, recommendations regarding
any other legislation, and recommendations for any other actions by
the Attorney General, Commission on Peace Officer Standards and
Training, or the Commission on the Status of Women.
   (c) The Commission on the Status of Women shall transmit the
report of the advisory committee to the appropriate committees of the
Legislature, including, but not limited to, the Committees on
Health, Judiciary, and Public Safety in the Senate and Assembly, and
make the report available to the public, including by posting it on
the Commission on the Status of Women's Web site. To avoid production
and distribution costs, the Commission on the Status of Women may
submit the report electronically or as part of any other report that
the Commission on the Status of Women submits to the Legislature.
   (d) The Commission on Peace Officer Standards and Training shall
make the telecourse that it produced in 2002 pursuant to subdivision
(a) of Section 13778 available to the advisory committee. However,
before providing the telecourse to the advisory committee or
otherwise making it public, the commission shall remove the name and
face of any person who appears in the telecourse as originally
produced who informs the commission in writing that he or she has a
reasonable apprehension that making the telecourse public without the
removal will endanger his or her life or physical safety.
   (e) Nothing in this section requires any state agency to pay for
compensation, travel, or other expenses of any advisory committee
member.


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, 2009, and
as of that date is repealed unless a later enacted statute deletes
or extends that date.