California’s Infanticide Bill distracts from Abortion Sanctuary Legislation

AB 2223 provides cover for many radical abortion bills

California’s Infanticide Bill distracts from Abortion Sanctuary Legislation

National news organizations including The Federalist and LifeSite News are reaching out to the Right to Life League about AB 2223, the California bill that will decriminalize infanticide.  They want to know the legal effect of the latest round of amendments to the bill.
Sadly, the latest amendments to AB 2223 do absolutely nothing to address the justifiable concerns relating to infanticide. The added phrase “due to a pregnancy-related cause” is meaningless. It is vague and overbroad and does not change what constitutes a “perinatal death.”

AB 2223 as amended still legalizes Infanticide

As currently drafted, AB 2223 still decriminalizes infanticide — the killing of a baby born alive — whether as a result of a failed abortion (which is already exempted from prosecution by CA Penal Code Section 187) or for some other reason like neglect or harm by the mother or a third party during the perinatal period. New definitions of the term “perinatal” could extend this period far past the first months of life.
While the bill’s April 6th amendments attempt to address problems concerning immunity for government investigations, the bill will likely chill investigation of infant deaths since it empowers mothers and ANYONE connected with the death of a newborn to bring a private cause of action for damages ($25,000 penalty), including the threat of attorney fees upon motion to a judge, against people who inquire into a newborn’s death. What impact will this bill have on private health care providers, doctors or nurses who report a perinatal death to authorities?
The League’s earlier article, written before the latest round of amendments, explains how AB 2223 protects from investigation ANYONE connected with a “perinatal death.” Those portions of the League’s earlier continue to be accurate following the recent amendments.

AB 2223 distracts from Abortion Sanctuary Bills

What is truly troubling is the media’s myopic focus on this one bill. There are more than 20 radical pro-abortion bills wending their way through the California state legislature at a breakneck pace.
They include AB 1918 (abortion scholarship funding), AB 2134 (compelling pro-abortion speech by health insurers), AB 2586 (attacking pro-life entities as “fake clinics”) and SB 1142 (the all-expense-paid abortion tourism).  AB 2223 is a classic distraction, drawing public attention away from a slew of proposed legislation that will turn California into Governor Newsom’s promised “Abortion Sanctuary.”
Ultimately, if AB 2223 is amended to remove “perinatal death,” or if courts strike that provision, conservative forces will cheer and pat themselves on the back. The victory will be a Pyrrhic one.  AB 2223 will have provided cover for passage of the other pro-abort bills to realize the abortion industry’s dream of tax-payer funded business partnership with the state providing abortion-on-demand.
Susan Swift Arnall, Esq.
susan@righttolifeleague.org

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