AB 556: Misuse of sperm, ova, or embryos: damages.
- Session Year: 2021-2022
- House: Assembly
- Latest Version Date: 2021-09-16
Existing law makes it a felony for anyone to knowingly use sperm, ova, or embryos in assisted reproduction technology for any purpose other than that indicated by the sperm, ova, or embryo providers signature on a written consent form, and to knowingly implant sperm, ova, or embryos, through the use of assisted reproduction technology, into a recipient who is not the sperm, ova, or embryo provider, without the signed written consent of the sperm, ova, or embryo provider and recipient.
This bill would authorize a private cause of action for damages against a person who misuses sperm, ova, or embryos in violation of those provisions. The bill would specify that a prevailing plaintiff who suffers harm as a result of such a violation may be awarded actual damages or statutory damages of not less than $50,000, whichever is greater.
Existing law makes it a felony for anyone to knowingly use sperm, ova, or embryos in assisted reproduction technology for any purpose other than that indicated by the sperm, ova, or embryo providers signature on a written consent form, and to knowingly implant sperm, ova, or embryos, through the use of assisted reproduction technology, into a recipient who is not the sperm, ova, or embryo provider, without the signed written consent of the sperm, ova, or embryo provider and recipient.
This bill would authorize a private cause of action for damages against a person who misuses sperm, ova, or embryos in violation of those provisions. The bill would specify that a prevailing plaintiff who suffers harm as a result of such a violation may be awarded actual damages or statutory damages of not less than $50,000, whichever is greater.
Existing law makes it a felony for anyone to knowingly use sperm, ova, or embryos in assisted reproduction technology for any purpose other than that indicated by the sperm, ova, or embryo providers signature on a written consent form, and to knowingly implant sperm, ova, or embryos, through the use of assisted reproduction technology, into a recipient who is not the sperm, ova, or embryo provider, without the signed written consent of the sperm, ova, or embryo provider and recipient.
This bill would authorize a private cause of action for damages against a person who misuses sperm, ova, or embryos in violation of those provisions. The bill would specify that a prevailing plaintiff who suffers harm as a result of such a violation may be awarded actual damages or statutory damages of not less than $50,000, whichever is greater.
(a)A private cause of action for damages lies against a person who misuses sperm, ova, or embryos in violation of Section 367g of the Penal Code.
(b)A prevailing plaintiff who suffers harm as a result of a violation of Section 367g of the Penal Code may be awarded actual damages or statutory damages of not less than fifty thousand dollars ($50,000), whichever is greater.
(a)A private cause of action for damages lies against a person who misuses sperm, ova, or embryos in violation of Section 367g of the Penal Code.
(b)A prevailing plaintiff who suffers harm as a result of a violation of Section 367g of the Penal Code may be awarded actual damages or statutory damages of not less than fifty thousand dollars ($50,000), whichever is greater.
(a)A private cause of action for damages lies against a person who misuses sperm, ova, or embryos in violation of Section 367g of the Penal Code.
(b)A prevailing plaintiff who suffers harm as a result of a violation of Section 367g of the Penal Code may be awarded actual damages or statutory damages of not less than fifty thousand dollars ($50,000), whichever is greater.
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Date
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Status
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| Sep 16, 2021 | Chaptered by Secretary of State - Chapter 170, Statutes of 2021. |
| Sep 16, 2021 | Approved by the Governor. |
| Sep 8, 2021 | Enrolled and presented to the Governor at 4:30 p.m. |
| Sep 1, 2021 | In Assembly. Ordered to Engrossing and Enrolling. |
| Sep 1, 2021 | Read third time. Passed. Ordered to the Assembly. (Ayes 39. Noes 0. Page 2294.). |
| Aug 26, 2021 | From committee: Do pass. (Ayes 7. Noes 0.) (August 26). |
| Jun 21, 2021 | In committee: Referred to APPR suspense file. |
| Jun 8, 2021 | From committee: Do pass and re-refer to Com. on APPR. (Ayes 11. Noes 0.) (June 8). Re-referred to Com. on APPR. |
| May 12, 2021 | Referred to Coms. on JUD. and APPR. |
| Apr 5, 2021 | In Senate. Read first time. To Com. on RLS. for assignment. |
| Apr 5, 2021 | Read third time. Passed. Ordered to the Senate. (Ayes 68. Noes 0. Page 860.) |
| Mar 24, 2021 | Read second time. Ordered to third reading. |
| Mar 23, 2021 | From committee: Do pass. (Ayes 10. Noes 1.) (March 23). |
| Feb 18, 2021 | Referred to Com. on JUD. |
| Feb 12, 2021 | From printer. May be heard in committee March 14. |
| Feb 11, 2021 | Read first time. To print. |
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Date
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Description
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Location
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Votes
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| Sep 1, 2021 | Assembly 3rd Reading AB556 Maienschein By Laird | Senate Floor |
Passed |
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| Apr 5, 2021 | AB 556 Maienschein Assembly Third Reading | Assembly Floor |
Passed |
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Bill Author
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