AB 2223 would spare abortionist and murderers like Kermit Gosnell for killing babies after birth.


Sacramento, CA — California abortion advocates are ramming their radical abortion agenda through the state legislature at warp speed. Planned Parenthood is already leading a cabal of more than forty pro-abortion organizations to push a fully funded “Future of Abortion” in California at taxpayers’ expense. And Governor Newsom has promised to make California a “sanctuary state” for abortion. 

Abortion legislators have already proposed more than twelve pro-abortion bills during the current legislative cycle to fully fund their atrocious and sweeping attack on the most innocent people among us. One of those bills, AB 2223, actually legalizes infanticide, potentially allowing the killing of a baby up to two months old.

Introduced in February as a placeholder for future legislative language, the authors of the bill submitted updated language on March 17th that would amend existing state laws.

At first glance, AB 2223 simply continues a radical march toward “inclusiveness,” by updating gender specific language – replacing words like “woman” with “pregnant person.” But AB 2223 doesn’t stop there.

AB 2223 literally decriminalizes infanticide — the killing of babies up to a month old and maybe older. It does this by eliminating civil and criminal penalties for abortions including “perinatal death.” The bill doesn’t define the term “perinatal” – but it doesn’t have to.

What does “Perinatal” Mean?

A variety of medical dictionaries define the term to begin at conception and continue through the first month of life.

Existing California law already defines the term “perinatal” to mean “the period from the establishment of pregnancy to one month following delivery.”  Take a look at California’s Article 4. The Medi-Cal Benefits Program § 14134.5(b), effective date January 2020.  It is set forth in the California Welfare and Institutions Code here.

And that period could be expanded to 60 days by applying California Department of Health Title 22 CPSP Regulations § 51179:

Comprehensive Perinatal Services “Comprehensive perinatal services” means obstetric, psychosocial, nutrition, and health education services, and related case coordination provided by or under the personal supervision of a physician during pregnancy and 60 days following delivery.

Applying these pre-existing legal definitions to AB 2223 could effectively decriminalize killing babies born alive conceivably through the first two months of life.

AB 2223 restricts Investigations and incentivizes Attorneys.

The proposed bill also amends existing state law to change the scope of coroners’ inquiries to exclude “deaths related to or following known or suspected self-induced or criminal abortion.” It redefines an unauthorized abortion to exclude any self-abortions committed by the woman herself. 

Like Maryland Senate Bill 669 which revises definitions of fetal murder/manslaughter to decriminalize abortion, California’s AB 2223 also exempts from prosecution those who assist in committing an abortion or perinatal death.  It adds a private cause of action against the state for violations of the proposed law, plus a provision for recovering attorneys’ fees. Adding in the attorneys’ fees provision incentivizes lawyers to sue any state actor, like a police officer or coroner, who investigate infant deaths. 

The bill would amend an existing California Health and Safety code section to read:​​ 

(a) Notwithstanding any other law, a person shall not be subject to civil or criminal liability or penaltybased 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.

So, under Section 7 of AB 2223, if a 28 day old baby dies from abandonment or the mother’s neglect and police investigate and eventually arrest her for the baby’s death, the mother can sue the police for monetary damages plus attorneys’ fees. 

Nor can the state prosecute other people complicit in committing perinatal deaths: 

(b) A person who aids or assists a pregnant person in exercising their rights under this article shall not be subject to civil or criminal liability or penalty, or otherwise be deprived of their rights, based solely on their actions to aid or assist a pregnant person in exercising their rights under this article with the pregnant person’s voluntary consent.

In California under AB 2223, former Philadelphia abortionist Kermit Gosnell, who murdered three infants born alive after botched abortions, could not be prosecuted. 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. 

And consider this: If the definition of “perinatal” expands further, AB 2223’s scope can likewise expand to prevent prosecution of later child mortality. 

That’s the true future of abortion in California – taxpayer funded baby killing through all stages of pregnancy up to and including the first month of life outside the womb. Brought to you by the abortion lobby in the California legislature.


Susan Swift Arnall, Esq.

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