AB 1242 is a legislative response to the U.S. Supreme Court’s decision in Dobbs v. Jackson Women’s Health Organization, where the Supreme Court overturned Roe v. Wade and held that the federal Constitution does not confer a right to abortion. The decision opened the door to state regulation of abortion. In many states – not including California – new or old laws now impose strict restrictions on abortions.
In California, abortion remains legal, and the bill was intended to protect those who may want or need to travel to California in order to obtain an abortion. AB 1242 declares that any law of another state that prohibits abortions that would be lawful under California law is against the public policy of California. Among other provisions, the bill prohibits law enforcement agencies and law enforcement officers in California from arresting any person for performing or obtaining an abortion in California that is lawful under California law and prohibits California law enforcement from cooperating with or giving information to a person, agency, or department from another state regarding a lawful abortion performed in California. However, the law specifies that these provisions do not prohibit the investigation of any other criminal activity in this state merely because the activity involves the performance of an abortion.
(AB 1242 amends Sections 629.51, 629.52, 638.50, 638.52, 1269b, 1524, 1524.2, and 1551 of, and adds Sections 1546.5 and 13778.2 to, the Penal Code.)