cdcan NEWS REPORT
Report #024-2007  February 14, 2007 - Wednesday evening
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California Legislature
* Berg & Levine to Introduce Assisted Suicide Bill
* Assembly Speaker Nunez Announces Support
* Press Conference Set for February 15 at 11 AM
* Opponents To Hold Media Briefing In Capitol at 1:30 PM

SACRAMENTO -  Assembly Speaker Fabian Nunez (Democrat - Los Angeles) announced Tuesday that he would work for the  passage of controversial legislation that would permit doctors to prescribe medications to persons who are diagnosed with a terminal illness with 6 months or less to live, to hasten their death - commonly referred to as assisted suicide.  The bill last year excluded certain persons, including persons who were not competent or persons who had developmental disabilities, according to Assemblymember Berg - but other persons with disabilities and seniors could be included. 

The Assembly Speaker said he would support the efforts of Assemblymembers Patty Berg (Democrat - Eureka) and Lloyd Levine (Democrat - Van Nuys) who plan to announce a new bill in a press conference Thursday morning (February 15) at the State Capitol.  Nunez, who is focusing on major healthcare reform legislation this year, plans to be a co-author to the bill and his support is considered by Capitol observers to be a major boost in the chances of passage, at least in the Assembly. 

The issue however has - and will likely in the coming months, generate enormous emotional controversy among voters, with many Democratic and Republican legislators divided on the issue in both houses. The issue is also a major controversy among many of the disability and senior advocates and among many religious groups.  While supporters of the proposed legislation believe their chances of passage in the Assembly have been increased - opponents vow to defeat the bill once again. 

Last Year's Bill Narrowly Defeated in Senate Committee
* Last year's legislation, AB 651,  was narrowly defeated in the Senate Judiciary Committee by a vote of 2-2. That bill would have still faced a difficult process in getting approval on the floor of the full Senate, and then the full Assembly. 
* Supporters - who prefer to call the bill the "Compassionate Choices Act"  say  last year's bill - and the new legislation to be introduced is based on the Oregon statute passed by voters in 1994 and includes additional protections and safeguards that improve on the Oregon law. 
* Some senior organizations and some disability advocates last year supported AB 651 citing that it allowed "death with dignity" and choice. 
* Several persons some suffering from terminal illnesses or their family members, came to the Capitol to appeal for passage of legislation in testimony that was often emotional and moving
* Supporters of the new legislation say that Berg and Levine have about two dozen other co-authors, which they say demonstrates a strong level of support, combined with the endorsement of the Assembly Speaker. 

Opponents Vow Major Fight - Schedule Press Conference
* Opponents - who include many disability advocacy organizations across the State, strongly disagree that the bill provides "compassionate choices",  and have previously said that the bill decriminalizes assisted suicide. Opponents also say that there are significant flaws in the reporting required under the Oregon law.
* They also claim that proposed safeguards in the bill introduced in California would fail to protect the most vulnerable people in the State - including people with disabilities, seniors and people with mental health needs.  Several persons with disabilities testified last year to the Senate Judiciary Committee making comments that also were emotional and moving. . 
* Other opponents cite religious objections or while others cite significant ethical issues as strong reasons for opposing the bill. 
* A press conference is scheduled for Thursday (February 15) at 1:30 PM in the State Capitol,. Room 1190 by opponents of the bill, including Marilyn Golden with Disability Rights Education and Defense Fund, Ann Guerra of FREED Center for Independent Living and Angel Luevano of the League of United Latin American Citizens. 

Berg and Levine Previously Authored AB 651 and AB 654
* Berg and Levine on June 6, 2005 amended the contents of AB 654 into AB 651 (deleting the original provisions that was on a different subject). AB 651 - in a different formcovering an entirely different subject - passed the Assembly and was waiting for a hearing in the Senate Judiciary Committee before the assisted suicide (or "compassionate choices act") provisions of AB 654 was amended into it (a common process that is referred to as "gut and amend" - removing the previous version of the bill, and replacing it with new provisions).
* As reported, AB 651, amended with the assisted suicide provisions, failed passage in the Senate Judiciary Committee on June 27, 2006.
* Berg and Levine previously authored AB 654 which passed in 2005 out of the Assembly Judiciary and Appropriations Committee but died on the Assembly floor without a vote.
* In 1999 then Assemblymember Dion Aroner (Democrat - Berkeley) authored AB 1592 which mirrored the Oregon law, passed out of both Assembly Judiciary and Appropriations Committee, but was held on the Assembly Floor and died there.
* In 1994 the voters of Oregon approved a new state law titled "Death With Dignity Act".
* In 1992, California voters rejected a ballot measure that proposed a law regarding lethal injections for persons with terminal illnesses.

NEXT STEPS
* Assemblymember Berg (and Levine) will officially introduce the bill - could be Thursday (Feb 15).
* The bill will likely be referred to Assembly Judiciary Committee for a hearing. 
* Normally a bill has to wait 30 calendar days before it can be heard in a policy committee - unless rules are waived.  This means at the earliest (unless rules are waived), the bill could be heard in policy committee is sometime in mid to late March or April. 

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The California Disability Community Action Network is a non-partisan network connecting  tens of thousands of Californians in every community, including people of color, people of every type of disability, including people with physical disabilities, people with developmental and other disabilities, people with traumatic brain and other injuries, people with mental health needs, seniors, people with MS, Alzheimer's and others, and families, community organizations and providers, in-home, direct care and other workers, and other advocates.

MANY THANKS to Training Toward Self Reliance, UCP, California NAELA, Californians for Disability Rights, Inc (CDR), Parents Helping Parents, Arriba, Strategies To Empower People, Parents Helping Parents, Asian American parents groups, Resources for Independent Living and many other Independent Living Centers, several regional centers, People First chapters, IHSS workers, other self advocacy and family support groups, developmental center families, and hundreds of individuals.  Thanks also to partnerships and the good people with the State Council on Developmental Disabilities, and also the Department of Health Services, the Department of Developmental Services, Department of Social Services and the CA Health and Human Services Agency and other agencies, and the State Legislature and staff, the Legislative Analyst Office.