State Sen. Nancy Skinner, D-Berkeley, introduced new legislation Monday aimed to strengthen California’s laws that protect those who access abortion or gender-affirming care.
The bill, SB 36, was announced last week, but she could not introduce it until the first day of the new legislative session, would add protections for people who come to California seeking refuge from prosecution by other states that have criminalized abortions or health care that supports and affirms an individual’s gender identity.
Per Skinners Press Release:
Skinner’s proposed “Safe Haven” legislation would make it illegal for bail agents or bounty hunters to apprehend people in California who have left another state to avoid criminal prosecution or imprisonment related to that state’s criminalization of abortion or gender-affirming care. The bill would also ensure that benefits such as food and housing assistance would not be denied to individuals who left another state and traveled to California for purposes described above but would otherwise be eligible for such benefits.
“Last year the Legislature, Governor Newsom, and California voters took bold action, guaranteeing the right to an abortion and gender-affirming care. But a growing number of states have done the opposite, putting residents who seek essential health care at risk of being prosecuted. My ‘Safe Haven’ bill will ensure that those who come to California fleeing persecution by other states will be free from the worry that a bounty hunter could snatch them up and send them back,” Sen. Skinner said.
Since the anti-abortion majority of the U.S. Supreme Court overturned Roe v. Wade in June, at least 13 states now have laws on the books making it a felony to receive or perform an abortion, according to the Guttmacher Institute.
In addition, four states have enacted laws or regulations banning gender-affirming care, and 15 additional states are considering legislation to do so, according to a report by the Kaiser Family Foundation.
During the most recent legislative session, Gov. Newsom signed AB 1242 by Assemblymember Rebecca Bauer-Kahan, D-Orinda and SB 107 by Senator Scott Wiener, D-San Francisco, as well as other laws that made California a sanctuary state for abortion services and gender-affirming care. In addition, in the November election, California voters passed a constitutional amendment, guaranteeing the right to abortion and contraception.
The new legislation by Sen. Skinner builds on those landmark laws by barring California judges from directing bounty hunters or bail agents, and making it illegal for bounty hunters and bail agents, to apprehend people who fled criminal prosecution or imprisonment for providing, receiving or supporting an abortion or gender-affirming care. Bounty hunters and bail agents who violate the new statute would be guilty of a misdemeanor and face up to a year in jail and forfeiture of their license to operate in California.
“Now that some states have shown a willingness to aggressively enforce anti-abortion and gender-conformity laws, it won’t be surprising to see bounty hunters trying to track down people who seek refuge in California. My ‘Safe Haven’ law will send a message to any bounty hunter who tries to enforce another states’ reactionary law: Do so and you’ll face jail time and lose your license,” Sen. Skinner added.
In addition, Skinner’s new ‘Safe Haven’ legislation would ensure that the state would not deny benefits, such as food or housing assistance, solely on the basis that a person has been charged or convicted in another state for actions related to abortion or gender-affirming health care that is fully legal in California.
Sen. Nancy Skinner represents the 9th Senate District and is chair of the Senate Budget Committee and the California Legislative Women’s Caucus
