California AB 54: Civil actions.

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 Bill Text - AB-54 Access to Safe Abortion Care Act.

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 |Add To My Favorites |Track Bill | Version: 07/01/25 - Amended Senate
 03/17/25 - Amended Assembly
 12/02/24 - Introduced

 AB-54 Access to Safe Abortion Care Act.(2025-2026)

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 Date Published: 07/01/2025 09:00 PM

AB54:v97#DOCUMENTBill Start

 Amended
 IN 
 Senate
 July 01, 2025

 Amended
 IN 
 Assembly
 March 17, 2025

 CALIFORNIA LEGISLATURE—
 2025–2026 REGULAR SESSION

 Assembly Bill

No. 54

Introduced by Assembly Members Krell and Aguiar-Curry
(Principal coauthors: Senators Cabaldon, Cervantes, Pérez, and Weber Pierson)
(Coauthors: Assembly Members Bonta, Harabedian, Kalra, Nguyen, Pellerin, Ransom, Sharp-Collins, Stefani, and Zbur)

December 02, 2024

An act to add Chapter 25 (commencing with Section 27050) to Division 20 of the Health and Safety Code, relating to reproductive health.

LEGISLATIVE COUNSEL'S DIGEST

AB 54, as amended, Krell.
 Access to Safe Abortion Care Act.

Existing law sets forth provisions, under the California Constitution, regarding the fundamental right to choose to have an abortion. Existing law, the Reproductive Privacy Act, prohibits the state from denying or interfering with a pregnant person’s right to choose or obtain an abortion prior to viability of the fetus, or when the abortion is necessary to protect the life or health of the pregnant person.

This bill, the Access to Safe Abortion Care Act, would make legislative findings about medication abortion, with a focus on use of the drugs mifepristone and misoprostol. Under the bill, the Legislature would reaffirm that it has been, and would continue to be, lawful to cause the delivery of, or mail, ship, take, receive, or otherwise transport, any drug, medicine, or instrument that can be designed or adapted to produce an abortion that is
 lawful in the State of California.

 The bill would set forth provisions regarding the lack of civil or criminal liability, or professional disciplinary action, for accessing or administering brand name or generic mifepristone or misoprostol, among other certain conduct, or any drug used for medication abortion that is lawful under the laws of the state, on or after January 1, 2020, with this provision applied retroactively, as specified.

The bill would make its provisions severable.

Digest Key

 Vote:
 MAJORITY 
 Appropriation:
 NO 
 Fiscal Committee:
 YES 
 Local Program:
 NO 

Bill Text

The people of the State of California do enact as follows:

SECTION 1.

 The Legislature finds and declares all of the following:

(a) In 1973, the United States Supreme Court recognized a federal constitutional right to an abortion in Roe v. Wade (1973) 410 U.S. 113. For nearly 50 years, and through numerous challenges, the federal courts consistently upheld this fundamental right. However, in 2022, the United States Supreme Court reversed course. In Dobbs v. Jackson Women’s Health Organization (2022) 597 U.S. 215, the Court threw out decades of precedent, overruled Roe, and concluded that there was no federal constitutional right to an abortion. In reaching that conclusion, the Court “return[ed]” the authority
 to regulate abortion to the “people and their elected representatives” (id. at 302).

(b) Both before and after the Dobbs decision was announced, California enacted numerous measures to protect the right to an abortion at the state level. Chief among these is Section 1.1 of Article I of the California Constitution, which states that individuals in California have a constitutional right to choose to have an abortion.

(c) California’s decision to protect access to abortion as a matter of both individual rights and sound public policy is consistent with the promise of the Dobbs decision that abortion would be entrusted to the states and the normal political processes. However, in the wake of Dobbs, there are numerous threats to access to abortion care and reproductive rights, even
 in California. In particular, an ongoing court case, Missouri et al. v. U.S. FDA et al., Case No. 2:22-cv-00223-Z (N.D. Tex), threatens to upend access to mifepristone.

(d) In 2000, the United States Food and Drug Administration (FDA) approved mifepristone for use in the termination of pregnancy. In April 2019, the FDA approved a generic version of mifepristone.

(e) Mifepristone is usually used in combination with misoprostol to terminate a pregnancy. Misoprostol can also be used on its o