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Rules Committee recommends HB2364 criminalizing mail delivery of abortion drugs, attorney warns Prop 139 challenge possible
Summary
House Bill 2364 would add criminal penalties for mailing abortion-inducing drugs; the Rules Committee recommended it 5-3 while the Rules Attorney said criminalizing this mode of access may interfere with the fundamental abortion right created by Proposition 139.
Vice Chair Carter moved that House Bill 2364 be recommended as constitutional and in proper form; the committee approved the motion 5-3.
The Rules Attorney said HB2364 amends statute to prohibit the mailing or delivery of abortion-inducing drugs and adds criminal penalties for persons who sell or furnish, order, or for licensed health-care providers and pharmacists involved in the transaction. The attorney placed the bill in the broader context of recent litigation over abortion-related statutes, noting that while underlying statutory prohibitions already exist, Proposition 139's constitutional guarantee of a fundamental abortion right raises questions about whether criminalizing a mode of access may infringe that right.
When asked about penalties, the Rules Attorney recited the sentencing presumptions in the bill: class 5 presumption sentence of 1.5 years, class 4 as 2.5 years, and a class 1 misdemeanor up to six months. The committee recommended the bill to the House floor by a 5-3 vote; the attorney said courts may soon provide further guidance on related statutes.
