California Penal Code

§ 3440

PEN § 3440 Effective Jan 1, 2016Title 2 · Part 3 · Ch. 6

Statute text

(a)Sterilization for the purpose of birth control, including, but not limited to, during labor and delivery, of an individual under the control of the department or a county and imprisoned in the state prison or a reentry facility, community correctional facility, county jail, or any other institution in which an individual is involuntarily confined or detained under a civil or criminal statute, is prohibited.

(b)Sterilization of an individual under the control of the department or a county and imprisoned in the state prison or a reentry facility, community correctional facility, county jail, or any other institution in which an individual is involuntarily confined or detained under a civil or criminal statute, through tubal ligation, hysterectomy, oophorectomy, salpingectomy, or any other means rendering an individual permanently incapable of reproducing, is prohibited except in either of the following circumstances:

(1)The procedure is required for the immediate preservation of the individual’s life in an emergency medical situation.

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Legislative history

Amended by Stats. 2015, Ch. 303, Sec. 399. (AB 731) Effective January 1, 2016.