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SEC. 7. Section 123467 is added to the Health and Safety Code, to read:
123467. (a) Notwithstanding any other law, a person shall not be subject to civil or criminal liability or penalty, or otherwise deprived of their rights, based 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.
(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.
Definition:
per·i·na·tal /ˌperəˈnādl/ MEDICINE relating to the time, usually a number of weeks, immediately before and after birth.
I think you overlooked part of that clause. Notwithstanding any other law.
If there is a law against murdering or causing death via abuse or neglect of an infant prior to 30 days of birth, then that law stands.
If the child dies of some disorder, disease, or crib death, etc., not an intentional act of the parent, that is not against the law and therefore shall not be subject to civil or criminal liability.
I think there's enough people around who don't respect life who have never had an abortion and they're not necessarily young women. Prisons are full of those people.
Let's talk about women who put their unborn baby at risk. What punishment do you think they deserve? But why stop at putting a fetus at risk? Let's talk about parents who put their children at risk every singe day. What about a mother who lets her children run wild in a busy restaurant? What about a man who drives over the speed limit with his kids in the car? How about the parents who won't get their kids vaccinated? How about parents who drink too much when they have kids in their care (it only takes a few drinks to get to .08).
All of these situations involve putting children at risk. Why is it different when they're born as opposed to before they're born? And why does this just have to be about women and why does it just have to involve abortion?
If we're going to penalize women for potentially "harming" their fetus, then let's penalize everyone equally across the board.
I don't care if a man has an opinion. What I care about is if his personal opinion is going to infringe on my rights. Then there's a problem.
It's sort of like religion. I don't care if you do what God tells you to do. It's when you want me to do what God tells you to do that you cross the line.
My feeling is that a when a man decides to have sex with a woman, he's consenting to her having an abortion if that's what she wants if she gets pregnant. If he doesn't want to consent to her having an abortion, he should just keep his zipper up and not have sex. Problem solved.
Wow...
You can get a pretty good idea when a person loses touch with reality when they try to compare abortion to someone allowing their child to run through a busy restaurant.
And of course, the only one who needs to take personal responsibility is the man.
It isn't like the woman who is not ready to have a child can't do something like keep her legs closed.
I think you overlooked part of that clause. Notwithstanding any other law.
If there is a law against murdering or causing death via abuse or neglect of an infant prior to 30 days of birth, then that law stands.
If the child dies of some disorder, disease, or crib death, etc., not an intentional act of the parent, that is not against the law and therefore shall not be subject to civil or criminal liability.
So what you are really saying is that with the current laws if a child dies or is stillborn due to a disease such as a genetic disorder the mother can be charged with a crime. Can you provide the section of the law that states this?
As why else would you need to put this "protection" into law?
It's not infanticide...it's "after birth abortion".
So when does life begin ? When the government says it does ?
For a long time, it hasn't been about when life begins whatseover, it's been about "no one can tell a woman what to do with her body." That's why men aren't allowed to have an opinion--they don't have a baby in their body.
Now all of a sudden we're shifted the goalposts to consider a situation in which the baby is no longer in the woman's body. Supposedly this is when there is no doubt that the new BABY (no longer fetus) is a legal person, but some people are still hanging on to the belief that the mother can still decide whether it lives or dies, and men still aren't allowed to have an opinion.
I repeat--I am a woman, and this is 100% wrong to me. And veering off track into "Republicans vs Democratics" is just another way of evading the real point. This issue is moral, not political.
So what you are really saying is that with the current laws if a child dies or is stillborn due to a disease such as a genetic disorder the mother can be charged with a crime. Can you provide the section of the law that states this?
As why else would you need to put this "protection" into law?
I'm sure there is no section of the law that states this just as it does not state that a mother can kill her perinatal born child because it is ugly or she just decided she didnt want it anymore.
I dont doubt people (mothers) have been charged with a criminal offense when a child dies of an unknown reason. I had a friend whose infant died of SIDS. This was over 40 years ago. She was investigated and put through the wringer accused (although never charged) of killing her baby.
I think you overlooked part of that clause. Notwithstanding any other law.
If there is a law against murdering or causing death via abuse or neglect of an infant prior to 30 days of birth, then that law stands.
If the child dies of some disorder, disease, or crib death, etc., not an intentional act of the parent, that is not against the law and therefore shall not be subject to civil or criminal liability.
Notwithstanding means despite or without being prevented by.
"Despite a law a person shall not be charged for an action" means if the person does the action even if there is another law against it, he will not be charged with breaking that law.
Same for an inaction.
So if a person ends the life of another person under 28 days old, he will not be charged under any law. Same the other person dies as a result of another's inaction (as a former Democrat governor of MD admitted to doing).
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