AMENDED IN ASSEMBLY MAY 12, 2022
AMENDED IN ASSEMBLY APRIL 6, 2022
AMENDED IN ASSEMBLY MARCH 24, 2022
california legislature—2021–22 regular session
ASSEMBLY BILL No. 2091
Introduced by Assembly Member Mia Bonta
(Coauthor: Assembly Member Bennett)
February 14, 2022
An act to add Section 56.108 to the Ci vil Code, to amend Sections 2029.200, 2029.300, and 2029.350 of the Code of Ci vil Procedure, to amend Section 123466 of the Health and Safety Code, to amend Section 791.29 of the Insurance Code, and to amend Section 3408 of the Penal Code, relating to information disclosure. disclosure, and declaring the urgency thereof, to take effect immediately.
legislative counsel’s digest
AB 2091, as amended, Mia Bonta . Disclosure of information:
reproductive health and foreign penal civil actions.
(1) Existing la w pro vides that e very indi vidual possesses a fundamental right of privacy with respect to their personal reproductive decisions. Existing law prohibits the state from denying or interfering with a 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 person. Existing la w requires a health insurer to tak e specified steps to protect the confidentiality of an insured’ s medical information, and prohibits an insurer from disclosing medical information related to sensitive health care services to the policyholder or an y insureds other than the protected indi vidual recei ving care.
96 Existing law generally prohibits a provider of health care, a health care service plan, or a contractor from disclosing medical information regarding a patient, enrollee, or subscriber without first obtaining an authorization, unless a specified e xception applies, including that the disclosure is in response to a subpoena. Existing la w authorizes a California court or attorney to issue a subpoena if a foreign subpoena has been sought in this state.
This bill would prohibit compelling a person to identify or pro vide information that would identify an individual who has sought or obtained an abortion in a state, county , city , or other local criminal, administrative, le gislative, or other proceeding if the information is being requested based on another state’ s la ws that interfere with a person’s right to choose or obtain an abortion or a foreign penal ci vil action, as defined. The bill would authorize the Insurance Commissioner to assess a ci vil penalty , as specified, ag ainst an insurer that has disclosed an insured’s confidential medical information. The bill would prohibit a pro vider of health care, a health care service plan, or a contractor from releasing medical information related to an individual seeking or obtaining an abortion in response to a subpoena or a request if that subpoena or request is based on either another state’ s laws that interfere with a person’ s rights to choose or obtain an abortion or a foreign penal civil action. The bill would prohibit issuance of a subpoena if the submitted foreign subpoena relates to a foreign penal civil action. (2) Existing la w sets forth the health care access rights of an incarcerated pre gnant person and an incarcerated person who is identified as possibly pre gnant or capable of becoming pre gnant.
Existing law prohibits the imposition of conditions or restrictions on an incarcerated person’s ability to obtain an abortion.
This bill w ould prohibit prison staf f from disclosing identifying medical information related to an incarcerated person’ s right to seek and obtain an abortion if the information is being requested based on another state’s law that interferes with a person’ s rights to choose or obtain an abortion or a foreign penal civil action.
(3) This bill would declare that it is to take effect immediately as an urgency statute.
Vote: majority 2⁄3. Appropriation: no. Fiscal committee: yes. State-mandated local program: no.
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The people of the State of California do enact as follows:
line 1 SECTION 1. The Le gislature finds and declares all of the line 2 following:
line 3 (a) Abortion care is a constitutional right and an inte gral part line 4 of comprehensive sexual and reproductive health care and overall line 5 health and well-being.
line 6 (b) In May 2019, the Go vernor signed the California line 7 Proclamation on Reproductive Freedom, reaffirming California’s line 8 commitment to ensuring access to reproductive health care services, line 9 including abortion.
line 10 (c) If the United States Supreme Court overturns the protections line 11 under Roe v. Wade, people in more than one-half of the states in line 12 the country – more than 36 million women and other people who line 13 may become pregnant – will lose access to abortion care. line 14 (d) In December 2021, more than 40 or ganizations joined line 15 together to form the California Future of Abortion Council to line 16 identify barriers to abortion services and recommend proposals to line 17 support equitable and af fordable access to abortion care for line 18 Californians and all who seek care in California. line 19 (e) California is committed to building upon existing protections line 20 that preserve the right to abortion and implement inno vative and line 21 bold programs and policies to truly be a reproducti ve freedom line 22 state.
line 23 (f) Other states and certain California localities have increased line 24 their efforts to limit abortion access and impose criminal, ci vil, line 25 and administrati ve liability on patients, pro viders, and those line 26 coordinating care.
line 27 (g) Actions against California abortion providers, patients, and line 28 supporters based on hostile antiabortion statutes in other states line 29 would interfere with protected rights under the Reproducti ve line 30 Privacy Act (Article 2.5 (commencing with Section 123460) of line 31 Chapter 2 of Part 2 of Division 106 of the Health and Safety Code) line 32 and the confidentiality of patient medical records. line 33 (h) California must protect the confidentiality of medical records line 34 related to abortion to protect abortion pro viders and others who line 35 assist in providing abortion care from frivolous civil lawsuits and line 36 accompanying costs aimed at harassing pro viders, di verting line 37 resources, and shutting down clinics.
line 38 SEC. 2. Section 56.108 is added to the Civil Code, to read:
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line 1 56.108. Notwithstanding subdivisions (b) and (c) of Section line 2 56.10, a pro vider of health care, health care service plan, or line 3 contractor shall not release medical information related to an line 4 individual seeking or obtaining an abortion in response to a line 5 subpoena or request if that subpoena or request is based on either line 6 another state’s la ws that interfere with a person’ s rights under line 7 Section 123466 of the Health and Safety Code or a foreign penal line 8 civil action, as defined in Section 2029.200 of the Code of Ci vil line 9 Procedure.
line 10 SEC. 3. Section 2029.200 of the Code of Ci vil Procedure is line 11 amended to read:
line 12 2029.200. In this article:
line 13 (a) “Foreign jurisdiction” means either of the following:
line 14 (1) A state other than this state.
line 15 (2) A foreign nation.
line 16 (b) “Foreign penal civil action” means a civil action authorized line 17 by the law of a state other than this state in which the sole purpose line 18 is to punish an offense against the public justice of that state. line 19 (c) “Foreign subpoena” means a subpoena issued under authority line 20 of a court of record of a foreign jurisdiction. line 21 (d) “Person” means an indi vidual, corporation, business trust, line 22 estate, trust, partnership, limited liability compan y, association, line 23 joint venture, public corporation, go vernment, or go vernmental line 24 subdivision, agenc y, or instrumentality , or an y other le gal or line 25 commercial entity.
line 26 (e) “State” means a state of the United States, the District of line 27 Columbia, Puerto Rico, the Virgin Islands, a federally recognized line 28 Indian tribe, or an y territory or insular possession subject to the line 29 jurisdiction of the United States.
line 30 (f) “Subpoena” means a document, however denominated, issued line 31 under authority of a court of record requiring a person to do an y line 32 of the following:
line 33 (1) Attend and give testimony at a deposition. line 34 (2) Produce and permit inspection, copying, testing, or sampling line 35 of designated books, documents, records, electronically stored line 36 information, or tangible things in the possession, custody, or control line 37 of the person.
line 38 (3) Permit inspection of premises under the control of the person. line 39 SEC. 4. Section 2029.300 of the Code of Ci vil Procedure is line 40 amended to read:
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line 1 2029.300. (a) To request issuance of a subpoena under this line 2 section, a party shall submit the original or a true and correct copy line 3 of a foreign subpoena to the clerk of the superior court in the line 4 county in which discovery is sought to be conducted in this state. line 5 A request for the issuance of a subpoena under this section does line 6 not constitute making an appearance in the courts of this state. line 7 (b) In addition to submitting a foreign subpoena under line 8 subdivision (a), a party seeking disco very shall do both of the line 9 following:
line 10 (1) Submit an application requesting that the superior court issue line 11 a subpoena with the same terms as the foreign subpoena. The line 12 application shall be on a form prescribed by the Judicial Council line 13 pursuant to Section 2029.390. No civil case cover sheet is required. line 14 (2) Pay the fee specified in Section 70626 of the Go vernment line 15 Code.
line 16 (c) When a party submits a foreign subpoena to the clerk of the line 17 superior court in accordance with subdivision (a), and satisfies the line 18 requirements of subdivision (b), the clerk shall promptly issue a line 19 subpoena for service upon the person to which the foreign subpoena line 20 is directed.
line 21 (d) A subpoena issued under this section shall satisfy all of the line 22 following conditions:
line 23 (1) It shall incorporate the terms used in the foreign subpoena. line 24 (2) It shall contain or be accompanied by the names, addresses, line 25 and telephone numbers of all counsel of record in the proceeding line 26 to which the subpoena relates and of any party not represented by line 27 counsel.
line 28 (3) It shall bear the caption and case number of the out-of-state line 29 case to which it relates.
line 30 (4) It shall state the name of the court that issues it. line 31 (5) It shall be on a form prescribed by the Judicial Council line 32 pursuant to Section 2029.390.
line 33 (e) A subpoena shall not be issued if the submitted foreign line 34 subpoena relates to a foreign penal civil action. line 35 SEC. 5. Section 2029.350 of the Code of Ci vil Procedure is line 36 amended to read:
line 37 2029.350. (a) Notwithstanding Sections 1986 and 2029.300, line 38 if a party to a proceeding pending in a foreign jurisdiction retains line 39 an attorne y licensed to practice in this state, who is an acti ve line 40 member of the State Bar , and that attorne y receives the original 96 AB 2091 — 5 —
line 1 or a true and correct copy of a foreign subpoena, the attorney may line 2 issue a subpoena under this article.
line 3 (b) Notwithstanding subdivision (a), an attorney shall not issue line 4 a subpoena under this article based on a foreign subpoena that line 5 relates to a foreign penal civil action.
line 6 (c) A subpoena issued under this section shall satisfy all of the line 7 following conditions:
line 8 (1) It shall incorporate the terms used in the foreign subpoena. line 9 (2) It shall contain or be accompanied by the names, addresses, line 10 and telephone numbers of all counsel of record in the proceeding line 11 to which the subpoena relates and of any party not represented by line 12 counsel.
line 13 (3) It shall bear the caption and case number of the out-of-state line 14 case to which it relates.
line 15 (4) It shall state the name of the superior court of the county in line 16 which the discovery is to be conducted.
line 17 (5) It shall be on a form prescribed by the Judicial Council line 18 pursuant to Section 2029.390.
line 19 SEC. 6. Section 123466 of the Health and Safety Code is line 20 amended to read:
line 21 123466. (a) The state shall not den y or interfere with a line 22 woman’s right to choose or obtain an abortion before the viability line 23 of the fetus, or when the abortion is necessary to protect the life line 24 or health of the woman.
line 25 (b) A person shall not be compelled in a state, county , city, or line 26 other local criminal, administrative, legislative, or other proceeding line 27 to identify or provide information that would identify an individual line 28 who has sought or obtained an abortion if the information is being line 29 requested based on either another state’ s laws that interfere with line 30 a person’s rights under subdi vision (a) or a foreign penal ci vil line 31 action, as defined in Section 2029.200 of the Code of Ci vil line 32 Procedure.
line 33 SEC. 7. Section 791.29 of the Insurance Code, as added by line 34 Section 7 of Chapter 190 of the Statutes of 2021, is amended to line 35 read:
line 36 791.29. Notwithstanding an y other la w, and to the e xtent line 37 permitted by federal law, a health insurer shall take the following line 38 steps to protect the confidentiality of an insured’ s medical line 39 information:
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line 1 (a) (1) A health insurer shall not require a protected individual line 2 to obtain the polic yholder’s authorization to recei ve sensiti ve line 3 services or to submit a claim for sensitive services if the protected line 4 individual has the right to consent to care.
line 5 (2) A health insurer shall recognize the right of a protected line 6 individual to exclusively exercise rights granted under this section line 7 regarding medical information related to sensiti ve services that line 8 the protected individual has received.
line 9 (3) A health insurer shall direct all communications re garding line 10 a protected indi vidual’s receipt of sensiti ve health care services line 11 directly to the protected individual receiving care as follows:
line 12 (A) If the protected indi vidual has designated an alternati ve line 13 mailing address, email address, or telephone number pursuant to line 14 subdivision (b), the health insurer shall send or mak e all line 15 communications related to the protected indi vidual’s receipt of line 16 sensitive services to the alternative mailing address, email address, line 17 or telephone number designated.
line 18 (B) If the protected individual has not designated an alternative line 19 mailing address, email address, or telephone number pursuant to line 20 subdivision (b), the health insurer shall send or mak e all line 21 communications related to the protected indi vidual’s receipt of line 22 sensitive services in the name of the protected indi vidual at the line 23 address or telephone number on file.
line 24 (C) Communications subject to this paragraph shall include the line 25 following written, verbal, or electronic communications:
line 26 (i) Bills and attempts to collect payment.
line 27 (ii) A notice of adverse benefits determinations. line 28 (iii) An explanation of benefits notice.
line 29 (iv) A health insurer’ s request for additional information line 30 regarding a claim.
line 31 (v) A notice of a contested claim.
line 32 (vi) The name and address of a provider, description of services line 33 provided, and other information related to a visit. line 34 (vii) Any written, oral, or electronic communication from a line 35 health insurer that contains protected health information. line 36 (4) A health insurer shall not disclose medical information line 37 related to sensiti ve health care services pro vided to a protected line 38 individual to the polic yholder or an y insureds other than the line 39 protected indi vidual recei ving care, absent an e xpress written line 40 authorization of the protected individual receiving care. 96 AB 2091 — 7 —
line 1 (b) (1) A health insurer shall permit an insured to request, and line 2 shall accommodate requests for , confidential communication in line 3 the form and format requested by the insured, if it is readily line 4 producible in the requested form and format, or at alternati ve line 5 locations.
line 6 (2) A health insurer may require the insured to make a request line 7 for a confidential communication described in paragraph (1) in line 8 writing or by electronic transmission.
line 9 (3) The confidential communication request shall apply to all line 10 communications that disclose medical information or pro vider line 11 name and address related to receipt of medical services by the line 12 individual requesting the confidential communication. line 13 (4) The confidential communication request shall be valid until line 14 the insured submits a re vocation of the request, or a ne w line 15 confidential communication request is submitted. line 16 (5) For the purposes of this section, a confidential line 17 communications request shall be implemented by the health insurer line 18 within 7 calendar days of the receipt of an electronic transmission, line 19 telephonic request, or request submitted through the health insurer’s line 20 internet website, or within 14 calendar days of receipt by first-class line 21 mail. The health insurer shall ackno wledge receipt of the line 22 confidential communications request and advise the insured of the line 23 status of implementation of the request if an insured contacts the line 24 insurer.
line 25 (c) (1) A health insurer shall notify insureds that the y may line 26 request a confidential communication pursuant to subdivision (b) line 27 and how to make the request.
line 28 (2) The information required to be pro vided pursuant to this line 29 subdivision shall be provided to insureds with individual or group line 30 coverage upon initial enrollment and annually thereafter upon line 31 renewal. The information shall also be pro vided in the following line 32 manner:
line 33 (A) In a conspicuously visible location in the e vidence of line 34 coverage.
line 35 (B) On the health insurer’s internet website, accessible through line 36 a hyperlink on the internet website’s home page and in a manner line 37 that allows insureds, prospecti ve insureds, and members of the line 38 public to easily locate the information.
96 — 8 — AB 2091
line 1 (d) Notwithstanding subdivision (b), a provider of health care line 2 may make arrangements with the insured for the payment of benefit line 3 cost sharing and communicate that arrangement with the insurer. line 4 (e) A health insurer shall not condition coverage on the waiver line 5 of rights provided in this section.
line 6 (f) If the commissioner determines that an insurer has violated line 7 this section, the commissioner may , after appropriate notice and line 8 opportunity for hearing in accordance with the Administrative line 9 Procedure Act (Chapter 5 (commencing with Section 11500) of line 10 Part 1 of Division 3 of Title 2 of the Government Code), by order, line 11 assess a civil penalty not to exceed five thousand dollars ($5,000) line 12 for each violation, or, if a violation was willful, a civil penalty not line 13 to exceed ten thousand dollars ($10,000) for each violation. The line 14 commissioner shall ha ve the discretion to determine the acts or line 15 omissions that constitute a violation of this section. line 16 (g) This section shall become operative on July 1, 2022. line 17 SEC. 8. Section 3408 of the Penal Code is amended to read:
line 18 3408. (a) A person incarcerated in the state prison who is line 19 identified as possibly pregnant or capable of becoming pre gnant line 20 during an intak e health e xamination or at an y time during line 21 incarceration shall be of fered a test upon intak e or by request. line 22 Pregnancy tests shall be v oluntary and not mandatory , and may line 23 only be administered by medical or nursing personnel. An line 24 incarcerated person who declines a pregnancy test shall be asked line 25 to sign an “Informed Refusal of Pre gnancy Test” form that shall line 26 become part of their medical file.
line 27 (b) An incarcerated person with a positive pregnancy test result line 28 shall be offered comprehensive and unbiased options counseling line 29 that includes information about prenatal health care, adoption, and line 30 abortion. This counseling shall be furnished by a licensed health line 31 care provider or counselor who has been pro vided with training line 32 in reproductive health care and shall be nondirecti ve, unbiased, line 33 and noncoercive. Prison staf f shall not ur ge, force, or otherwise line 34 influence a pregnant person’s decision.
line 35 (c) A prison shall not confer authority or discretion to line 36 nonmedical prison staff to decide if a pre gnant person is eligible line 37 for an abortion. If a pregnant person decides to have an abortion, line 38 that person shall be of fered, b ut not forced to accept, all due line 39 medical care and accommodations until the y are no longer line 40 pregnant. A pregnant person who decides to have an abortion shall 96 AB 2091 — 9 —
line 1 be referred to a licensed professional specified in subdivision (b) line 2 of Section 2253 of the Business and Professions Code. line 3 (d) A person incarcerated in prison who is confirmed to be line 4 pregnant shall, within se ven days of arri ving at the prison, be line 5 scheduled for a pre gnancy examination with a ph ysician, nurse line 6 practitioner, certified nurse midwife, nurse-midwife, or physician line 7 assistant. The examination shall include all of the following:
line 8 (1) A determination of the gestational age of the pregnancy and line 9 the estimated due date.
line 10 (2) A plan of care, including referrals for specialty and other line 11 services to evaluate for the presence of chronic medical conditions line 12 or infectious diseases, and to use health and social status of the line 13 incarcerated person to improve quality of care, isolation practices, line 14 level of activities, and bed assignments, and to inform appropriate line 15 specialists in relationship to gestational age and social and clinical line 16 needs, and to guide use of personal protecti ve equipment and line 17 additional counseling for pre vention and control of infectious line 18 diseases, if needed.
line 19 (3) The ordering of prenatal labs and diagnostic studies, as line 20 needed based on gestational age or e xisting or newly diagnosed line 21 health conditions.
line 22 (e) Incarcerated pregnant persons shall be scheduled for prenatal line 23 care visits as follows, unless otherwise indicated by the physician, line 24 nurse practitioner , certified nurse midwife, nur se-midwife, or line 25 physician assistant:
line 26 (1) Every four weeks in the first trimester up to 24 to 28 weeks. line 27 (2) Every two weeks thereafter up to 36 weeks gestation. line 28 (3) Every one week thereafter until birth.
line 29 (f) Incarcerated pregnant persons shall be pro vided access to line 30 both of the following:
line 31 (1) Prenatal vitamins, to be taken on a daily basis, in accordance line 32 with medical standards of care.
line 33 (2) Newborn care that includes access to appropriate assessment, line 34 diagnosis, care, and treatment for infectious diseases that may be line 35 transmitted from a birthing person to the birthing person’s infant, line 36 such as HIV or syphilis.
line 37 (g) Incarcerated pregnant persons housed in a multitier housing line 38 unit shall be assigned lower bunk and lower tier housing. line 39 (h) Incarcerated pre gnant persons shall not be tased, pepper line 40 sprayed, or exposed to other chemical weapons.
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line 1 (i) Incarcerated pregnant persons who have used opioids prior line 2 to incarceration, either by admission or written documentation by line 3 a probation officer , or who are currently recei ving methadone line 4 treatment, shall be offered medication assisted medication-assisted line 5 treatment with methadone or buprenorphine, pursuant to Section line 6 11222 of the Health and Safety Code, and shall be pro vided line 7 information on the risks of withdrawal.
line 8 (j) (1) An eligible incarcerated pregnant person or person who line 9 gives birth after incarceration in the prison shall be provided notice line 10 of, access to, and written application for , community-based line 11 programs serving pre gnant, birthing, or lactating incarcerated line 12 persons. At a minimum, the notice shall contain guidelines for line 13 qualification, the timeframe for application, and the process for line 14 appealing a denial of admittance to those programs. line 15 (2) If a community-based program is denied access to the prison, line 16 the reason for the denial shall be pro vided in writing to the line 17 incarcerated person within 15 w orking days of receipt of the line 18 request. The written denial shall address the safety or security line 19 concerns for the incarcerated person, infant, public, or staff. line 20 (k) Each incarcerated pre gnant person shall be referred to a line 21 social worker who shall do all of the following:
line 22 (1) Discuss with the incarcerated person the options a vailable line 23 for feeding, placement, and care of the child after birth, including line 24 the benefits of lactation.
line 25 (2) Assist the incarcerated pre gnant person with access to a line 26 phone in order to contact relatives regarding newborn placement. line 27 (3) Oversee the placement of the newborn child. line 28 (l) An incarcerated pregnant person shall be temporarily taken line 29 to a hospital outside the prison for the purpose of giving childbirth line 30 and shall be transported in the least restricti ve way possible and line 31 in accordance with Section 3407. An incarcerated pregnant person line 32 shall not be shackled to an yone else during transport. An line 33 incarcerated pregnant person in labor or presumed to be in labor line 34 shall be treated as an emer gency and shall be transported to the line 35 outside facility, accompanied by prison staff.
line 36 (m) An incarcerated pregnant person may elect to have a support line 37 person present during labor , childbirth, and during postpartum line 38 recovery while hospitalized. The support person may be an line 39 approved visitor or the prison’ s staf f designated to assist with line 40 prenatal care, labor, childbirth, lactation, and postpartum care. The 96 AB 2091 — 11 —
line 1 approval for the support person shall be made by the administrator line 2 of the prison or that person’s designee. If an incarcerated pregnant line 3 person’s request for an elected support person is denied, reason line 4 for the denial shall be provided in writing to the incarcerated person line 5 within 15 working days of receipt of the request. The written denial line 6 shall address the safety or security concerns for the incarcerated line 7 person, infant, public, or staf f. Upon receipt of a written denial, line 8 the incarcerated pre gnant person may choose the appro ved line 9 institution staff to act as the support person.
line 10 (n) All pre gnant and postpartum incarcerated persons shall line 11 receive appropriate, timely, culturally responsive, and medically line 12 accurate and comprehensi ve care, e valuation, and treatment of line 13 existing or newly diagnosed chronic conditions, including mental line 14 health disorders and infectious diseases.
line 15 (o) An incarcerated pregnant person in labor and delivery shall line 16 be given the maximum level of privacy possible during the labor line 17 and delivery process. If a guard is present, they shall be stationed line 18 outside the room rather than in the room, absent e xtraordinary line 19 circumstances. If a guard must be present in the room, the guard line 20 shall stand in a place that grants as much privacy as possible during line 21 labor and delivery. A guard shall be remo ved from the room if a line 22 professional who is currently responsible for the medical care of line 23 a pregnant incarcerated person during a medical emergency, labor, line 24 delivery, or reco very after deli very determines that the remo val line 25 of the guard is medically necessary.
line 26 (p) Upon return to prison, the ph ysician, nurse practitioner , line 27 certified nurse midwife, nurse-midwife, or physician assistant shall line 28 provide a postpartum examination within one week from childbirth line 29 and as needed for up to 12 weeks postpartum, and shall determine line 30 whether the incarcerated person may be cleared for full duty or if line 31 medical restrictions are w arranted. Postpartum indi viduals shall line 32 be given at least 12 weeks of recovery after any childbirth before line 33 they are required to resume normal activity.
line 34 (q) The rights provided for incarcerated persons by this section line 35 shall be posted in at least one conspicuous place to which all line 36 incarcerated persons have access.
line 37 (r) Prison staff shall not disclose identifying medical information line 38 related to an incarcerated person’ s right to seek and obtain an line 39 abortion if the information is being requested based on either line 40 another state’s la ws that interfere with a person’ s rights under 96 — 12 — AB 2091
line 1 Section 123466 of the Health and Safety Code or a foreign penal line 2 civil action, as defined in Section 2029.200 of the Code of Ci vil line 3 Procedure.
line 4 SEC. 9. The pro visions of this act are se verable. If an y line 5 provision of this act or its application is held invalid, that invalidity line 6 shall not affect other provisions or applications that can be given line 7 effect without the invalid provision or application. line 8 SEC. 10. This act is an ur gency statute necessary for the line 9 immediate preservation of the public peace, health, or safety within line 10 the meaning of Article IV of the California Constitution and shall line 11 go into immediate effect. The facts constituting the necessity are:
line 12 In order to protect the public from actions authorized under the line 13 law of another state that are contrary to the public policy of this line 14 state, including actions whic h interfere with a per son’s right to line 15 choose or obtain an abortion and foreign penal civil actions, it is line 16 necessary that this act take effect immediately.
O
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