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Today, Governor Newsom signed Assembly Bill (AB) 2223 authored by Assemblymember Buffy Wicks into law. AB 2223 ensures that no one in the State of California is investigated, prosecuted, or incarcerated for ending a pregnancy or experiencing pregnancy loss. By signing AB 2223 into law, California is protecting reproductive freedom for people in our state. Pregnancies and pregnancy outcomes should never be policed let alone criminalized. AB 2223 was supported by a wide range of organizational supporters and co-sponsors including: ACLU of California, Black Women for Wellness Action Project, California Latinas for Reproductive Justice, If/When/How: Lawyering for Reproductive Justice, NARAL Pro-Choice California, and Planned Parenthood Affiliates of California. 

Pregnancy criminalization is a national problem and the punishment system will continue to  expand as abortion bans sweep the country. It is Black, Indigenous, and other people of color; immigrants; LGBTQ people; young people; those with low incomes; and people who live at the intersections of these experiences who bear the brunt of pregnancy criminalization. In the past two decades, at least 1,300 pregnant people have been criminally prosecuted in the U.S. for having miscarriages or stillbirths, or for self-managing an abortion. Today, California stood firm that every Californian should feel secure that they can seek medical assistance without fear of becoming the subject of criminal investigation. 

“AB 2223 sends a clear message that California will protect our right to decide if and when to become a parent and our ability to seek care with dignity and without fear of criminalization. This is especially important at a time when the bodily autonomy and lives of our communities across the country, Black, Indigenous, other communities of color,  people with disabilities, immigrants, people living in poverty, young people, and LGBTQIA+ communities continue to be under attack,” – Laura Jiménez, Executive Director, California Latinas for Reproductive Justice. 

“As states around the country are stripping reproductive freedoms away, the Governor’s signature on AB 2223 reaffirms California’s commitment to protecting reproductive rights, and ensures that no one in California is investigated or criminalized for pregnancy loss or abortion,” said Molly Robson, Legislative Director at Planned Parenthood Affiliates of California. “People should be able to access and receive the health care they want or need without fear of being criminally punished—including abortion care. AB 2223 is a critical step towards a future where that is the norm.”

In California, this misuse of state power is partly traceable to out-of-date provisions that give coroners a duty to investigate certain abortions and pregnancy losses. Based on these provisions, health care providers and institutions sometimes report people who have just given birth, had an abortion, or experienced a pregnancy loss to police, triggering harmful investigations and even unlawful prosecutions. Policing pregnancy outcomes isolates people from their communities and loved ones, and makes getting medical care more difficult, if not impossible. When people fear arrest and criminalization, they are less likely to seek care and support when they need it. If they do seek care, investigating and interrogating their health outcomes interferes with the relationship between patients and providers. This is why medical professionals—including the American Medical Association, the American College of Obstetricians and Gynecologists, and the American Public Health Association—oppose the criminalization of pregnancy loss. 

“The threat of criminalization deters people from seeking medical care when they need it, undermines trust between patients and their health care providers, discriminates against which communities are targeted for policing and surveillance, and violates the rule of law. But today, California took a clear stance that no one should be criminalized for their pregnancy outcomes or for seeking the health care they need. We hope today’s action can continue fueling the transformative power our movement has to adapt, respond, and protect our communities from systemic harms,”- Myra Gissel Durán, Senior Policy Advocate, If/When/How: Lawyering for Reproductive Justice.

“As extremist lawmakers across the country work overtime to block people from accessing the abortion care they need, California continues to cement its leadership as a Reproductive Freedom State,” said Shannon Olivieri Hovis, Director of NARAL Pro-Choice California. “Even when Roe still stood, people were already being criminalized for pregnancy outcomes. It’s past time that every person has the freedom to access the care they need—including abortion care—without fear of arrest or criminalization. Thank you to Governor Newsom for signing this bill, and to Assemblymember Wicks for her steadfast commitment and clear-eyed vision of a future where pregnancy is not policed.”

“In California, we believe that people have the right to control their body, and their future. The government should not be policing pregnancy outcomes, and with AB 2223 signed into law, it won’t be.” -Ruth Dawson, ACLU California Action

AB 2223 protects people’s reproductive freedom and decision making by separating pregnancy outcomes from the state systems that police and criminalize by:

• Preventing prosecutions and invasive interrogations by updating out-of-date provisions that give coroners a duty to investigate certain pregnancy losses, including abortion care;
• Empowers people to seek legal recourse if their reproductive rights are violated through a private right of action;  
• Clarifies that California law does not permit prosecutors to target people for self-managing an abortion.

“California has not been immune to the concerted effort to roll back reproductive rights across the country and the criminalization of pregnancy outcomes, particularly of BIPOC communities who are heavily surveilled and overpoliced, has been an insidious tool for reproductive oppression,” said Onyemma Obiekea, Policy Analyst, Black Women for Wellness Action Project. “Today, California has reaffirmed its commitment to protecting the reproductive freedoms of its people. AB 2223 is a critical step to ensuring that our communities can experience pregnancy with dignity, access the full spectrum of reproductive healthcare, including abortion, and determine their reproductive destiny without fear of prosecution. Many thanks to Governor Newsom for signing this bill, and Assemblymember Wicks for her fierce advocacy.”