The problem is the “perinatal death” language in the bill. According to the California Family Council and others, this would exempt mothers who kill their newborn babies from prosecution. The definitions of “perinatal” vary, but they all include newborn babies within the first week and potentially up to the first month of life outside the womb.
Even an Assembly Judiciary Committee analysis of the bill warned that the vagueness of “perinatal death” language could be misinterpreted to allow infanticide.
“As currently in print, it may not be sufficiently clear that ‘perinatal death’ is intended to be the consequence of a pregnancy complication,” the legislative analysis states. “Thus, the bill could be interpreted to immunize a pregnant person from all criminal penalties for all pregnancy outcomes, including the death of a newborn for any reason during the ‘perinatal’ period after birth, including a cause of death which is not attributable to pregnancy complications …”
