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California Infanticide Bill Heads to Governor Newsom’s Desk


Olivia Summers

September 2, 2022

3 min read

Pro Life



Pro-abortion California Bill 2223, which contains language that would restrict the investigation and reporting of certain kinds of infant deaths, has now passed both the California Assembly and Senate and is heading to Governor Newsom’s desk to be signed into law.

As we have previously stated, it has been clear from the beginning that the purpose of AB 2223 is to shield individuals, especially abortion providers, from civil or criminal liability when a baby is born alive after a botched abortion – and then left to die. The ACLJ has actively opposed this bill each step of the way, providing legal analysis to both Assembly and Senate members. Despite significant opposition and grave legal concerns, the pro-abortion majority in both the Assembly and Senate have pushed the bill through. Now, the bill is being prepared for delivery to Governor Newsom’s desk. For that reason, the ACLJ took further action and sent its legal analysis and opposition to the bill to Governor Newsom.

While the bill did receive some amendments in the California Senate, the language that is of gravest concern to the ACLJ has remained intact—and that is the term “perinatal.”

As a reminder for our readers, the term “perinatal” refers to a period of time generally encompassing the 20th to 28th week of gestation up until 28 days after birth.  And, AB 2223 – as originally written – could be interpreted as protecting both a woman (and any person assisting a woman) from civil and criminal liability related to the death of an infant in the perinatal period for “any reason.” Even with the subsequent amendments to make the language of the bill more palatable, the bill fails to protect a certain group of born-alive infants.

As we stated in our letter to the governor: “although AB 2223 has been amended, the bill is still problematic. It changes California law in a way that radically undermines protection for newborns. Unless the word ‘perinatal’ is completely omitted, this law will allow certain forms of infanticide.”

Abortion is and always has been a horrific and brutal act committed upon the most innocent and vulnerable of all human beings. The passage of California Bill 2223, which has the potential to shield individuals from criminal liability for certain kinds of infant deaths, further reveals the evil of abortion and the harm that it causes.

We must continue our fight against AB 2223 and other radical abortion bills like it. The ACLJ is continuing to engage in the battle for life, and we encourage you to fight with us.

Sign our petition today.

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