Bill Text: AZ HB2442 | 2011 | Fiftieth Legislature 1st Regular | Introduced

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Bill Title: Abortion; sex selection; prohibition

Spectrum: Partisan Bill (Republican 9-0)

Status: (Introduced - Dead) 2011-01-27 - Referred to House HHS Committee [HB2442 Detail]

Download: Arizona-2011-HB2442-Introduced.html

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REFERENCE TITLE: abortion; sex selection; prohibition

 

 

 

 

State of Arizona

House of Representatives

Fiftieth Legislature

First Regular Session

2011

 

 

HB 2442

 

Introduced by

Representatives Montenegro, Barton, Burges, Gowan, Lesko, Seel, Smith D, Stevens: Yee

 

 

AN ACT

 

Amending title 13, chapter 36, Arizona Revised Statutes, by adding section 13‑3603.02; amending title 36, chapter 20, article 1, Arizona Revised Statutes, by adding section 36-2156; Relating to abortion.

 

 

(TEXT OF BILL BEGINS ON NEXT PAGE)

 

Be it enacted by the Legislature of the State of Arizona:

Section 1.  Title 13, chapter 36, Arizona Revised Statutes, is amended by adding section 13-3603.02, to read:

START_STATUTE13-3603.02.  Abortion; sex selection; injunctive and civil relief; failure to report; classifications; definition

A.  A person who knowingly does any of the following is guilty of a class 3 felony:

1.  Performs an abortion knowing that the abortion is sought based on the sex of the child.

2.  Uses force or the threat of force to intentionally injure or intimidate any person for the purpose of coercing a sex-selection abortion.

3.  Solicits or accepts monies to finance a sex-selection abortion.

B.  The attorney general or the county attorney may bring an action in superior court to enjoin the activity described in subsection A of this section.

C.  For the purposes of title VI, section 601 of the civil rights act of 1964, a violation of subsection A of this section is discrimination prohibited by that act.

D.  The father of the unborn child who is married to the mother at the time she receives a sex-selection abortion, or, if the mother has not attained eighteen years of age at the time of the abortion, the maternal grandparents of the unborn child, may bring a civil action on behalf of the unborn child to obtain appropriate relief with respect to a violation of subsection A of this section.  The court may award reasonable attorney fees as part of the costs in an action brought pursuant to this subsection.  For the purposes of this subsection, "appropriate relief" includes monetary damages for all injuries, whether psychological, physical or financial, including loss of companionship and support, resulting from the violation of subsection A of this section.

E.  A physician, physician's assistant, nurse, counselor or other medical or mental health professional who knowingly does not report known or suspected violations of this section to appropriate law enforcement authorities is guilty of a class 6 felony.

F.  A woman on whom a sex-selection abortion is performed is not subject to criminal or civil liability for a violation of this section or for a conspiracy to violate this section.

G.  For the purposes of this section, "abortion" has the same meaning prescribed in section 36-2151. END_STATUTE

Sec. 2.  Title 36, chapter 20, article 1, Arizona Revised Statutes, is amended by adding section 36-2156, to read:

START_STATUTE36-2156.  Affidavit requirements

A person shall not knowingly perform or induce an abortion before that person completes and signs an affidavit that:

1.  States that the child to be aborted is not being aborted because of the child's sex.

2.  Is signed by the woman on whom the abortion is to be performed or induced.

3.  Is signed by the person performing or inducing the abortion. END_STATUTE

Sec. 3.  Construction

This act does not establish or recognize a right to an abortion and does not make lawful an abortion that is currently unlawful.

Sec. 4.  Severability

If a provision of this act or its application to any person or circumstance is held invalid, the invalidity does not affect other provisions or applications of the act that can be given effect without the invalid provision or application, and to this end the provisions of this act are severable.

Sec. 5.  Short title

This act may be cited as the "Susan B. Anthony Prenatal Nondiscrimination Act of 2011".