CA Infanticide Bill Rushed to Next Hearing April 19th

CA Infanticide Bill Rushed to Next Hearing April 19th

Democrats are rushing through a bill, AB 2223, to decriminalize the killing of a newborn baby up to one month old.

Late last night, around 9:30 pm PST, the California legislature quietly scheduled a new hearing on the Infanticide bill. AB 2223,will come before the Assembly Health Committee, Tuesday, April 19th, during Easter week and spring break, at 4:00pm, a special time at the very end of the committee’s long agenda.

Section 7 of the proposed bill decriminalizes infanticide by eliminating civil and criminal penalties for abortions and by amending Health and Safety Code to include “perinatal death due to a pregnancy-related cause,” an utterly meaningless, vague and overbroad clause.

AB 2223: Infanticide isn’t actionable if the mother consents.

No one who aids or assists the mother with a perinatal death will face investigation or prosecution for a newborn’s death so long as the mother gives voluntary consent.  Let that sink in. The ramifications are staggering. With the mother’s blessing, an OB/GYN, like convicted murdered Kermit Gosnell, can sever a newborn’s neck and throw it into a bucket to let it die without consequence.

A mother, her boyfriend or, for that matter, the babysitter, can starve or beat or shake a three week old baby to death and no one can investigate because under AB 2223 it is a “perinatal death.” You see, the mother can give consent to kill that baby for up to a month or more after it is born. Her consent converts the crime of infanticide into a “perinatal death” protected from investigation or prosecution.

AB 2223 seeks to change the scope of coroners’ inquiries.  And the coroner’s findings cannot be used to “support a criminal prosecution or civil cause of action” for the infant’s death.

And to make matter worse, AB 2223 will make it actionable to investigate a newborn’s death! It creates a civil cause of action against private individuals, like doctors or nurses or physician assistants, midwives, relatives or neighbors, who report an infant’s death: Just the “threat of investigation, arrest, or prosecution, of a person with respect to their pregnancy or actual, potential, or alleged pregnancy outcome, constitutes ‘threat, intimidation, or coercion’ ” sufficient to trigger a civil cause of action for violating the woman’s right to privacy.

Damages start at $25,000 and can also include lawyers’ fees. That will deter all but the most courageous good Samaritans from reporting child abuse leading to an infant’s death lest they face crippling legal challenge for violating the rights of the infant’s murderers. This is chilling.

AB 2223 means “Fourth Trimester” Abortions.

Passing AB 2223 will mean a large step closer to desuetude for California’s Born Alive Protection law, Health and Safety Code Section 123435. Desuetude is the legal doctrine that says ongoing continued non-enforcement or non-use of a law makes it invalid. Like the biological concept of extinction for the dodo birds.

AB 2223 directly conflicts with California’s 1995 Born Alive Protection law, requiring that a child born alive in the course of an abortion must receive the same care offered a child delivered in the course of a live birth. AB 2223 will make this statutory born-alive protection null and void by prohibiting the investigation of that infant’s death — and thus, desuetude. 

AB 2223’s inclusion of the phrase “perinatal death due to a pregnancy-related cause” and its private cause of action to deter the reporting of infant deaths is not an accident, an oversight, or a misguided attempt to protect grieving mothers from overzealous, rogue prosecutors.

AB 2223 is intentional, strategic legislation designed to extend abortion rights past birth, to create a protected “fourth trimester” right to infanticide.


*NOTE:  On May 27, 2022 this article was updated to correct the hyperlink to AB 2223.

Susan Swift Arnall, Esq.

Civil Rights attorney for the Unborn, Wife and Mother of 7. Member California State Bar, SAG/AFTRA.