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BILL DOES NOT DECRIMINALIZE INFANTICIDE
Law professors on reproductive health consulted by Reuters said the bill does not decriminalize infanticide and the amendment sought to limit misinterpretation of its language.
“This language in no way protects someone who kills a 28-day-old baby,” Cary Franklin, a law professor at the University of California, Los Angeles School of Law (here), said.
“It protects people whose fetuses die in utero and people who take actions or fail to take actions while pregnant that may result in death shortly after delivery.”
“The bill states that California will not use its law enforcement and judicial resources to prosecute pregnant women and other pregnant people for the outcomes of their pregnancies,” Franklin said, whether miscarriage, stillbirth, abortion, or perinatal death due to causes in utero.
Two cases of women in California being charged for murder after experiencing stillbirths prior to the bill were covered by the Los Angeles Times (here), (here).
Mary Ziegler, a Martin Luther King Jr. Professor of Law at the University of California, Davis School of Law (here) said that when it was first introduced, “there was some concern that that language was vague and it could be interpreted to immunize pregnant people or women from criminal penalties during the perinatal period.”
The California Catholic Conference, for example, initially described the proposed legislation as an “infanticide bill” (here) but after the clarifications made in the amendments said it would “remain neutral on the bill” (here).
The CCC did not respond to a Reuters request for comment.
VERDICT
False. A California reproductive health bill does not legalize infanticide or killing babies up to 28 days old.