Under California code, the definition of "perinatal" is "the period from the establishment of pregnancy to one month following delivery." The bill will remove criminal liability from "all pregnancy outcomes." This includes the death of a newborn during the perinatal period for any reason.

According to the analysis of the legislation prepared by Alison Merrilees, CA State Senate Legislative Director:

"This bill seeks to further clarify and strengthen California's already strong legal protections against civil liability and criminal prosecution of a pregnant person for the death of their unborn fetus, creates a new civil action allowing individuals whose rights under the Reproductive Privacy Act are violated to seek accountability against "state actors" in the civil courts; and allows a civil action under the Bane Act (Civil Code Section 52.1) to be based upon violation of the bill, including for an exercise of prosecutorial discretion. The analysis reviews how existing criminal homicide statutes prohibit prosecution of a pregnant person for the death of their unborn fetus. Existing state law also prohibits a civil cause of action for prenatal torts (civil actions involving an unborn child). The analysis also points out that while other states are adopting increasingly aggressive measures to limit abortions, California continues to protect reproductive rights."

The legislation comes as two Kings County women were charged with "fetal murder" for causing the stillbirths of their fetuses. They were imprisoned after delivering stillbirths and testing positive for methamphetamines. One of the women, Adora Perez, had an 11-year prison sentence overturned in March, and the other, Chelsea Becker, had charges dropped in May of last year.