Bill Text: AZ HCR2049 | 2010 | Forty-ninth Legislature 2nd Regular | Introduced
Bill Title: Abortion; sex-selection; race-selection; prohibition
Spectrum: Partisan Bill (Republican 1-0)
Status: (Introduced - Dead) 2010-02-16 - Referred to House JUD Committee [HCR2049 Detail]
Download: Arizona-2010-HCR2049-Introduced.html
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REFERENCE TITLE: abortion; sex-selection; race-selection; prohibition |
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State of Arizona House of Representatives Forty-ninth Legislature Second Regular Session 2010
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HCR 2049 |
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Introduced by Representative Montenegro
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A CONCURRENT RESOLUTION
enacting and ordering the submission to the people of a measure relating to abortion.
(TEXT OF BILL BEGINS ON NEXT PAGE)
Be it resolved by the House of Representatives of the State of Arizona, the Senate concurring:
1. Under the power of the referendum, as vested in the Legislature, the following measure, relating to abortion, is enacted to become valid as a law if approved by the voters and on proclamation of the Governor:
AN acT
amending title 13, chapter 36, Arizona Revised Statutes, by adding section 13-3603.02; relating to family offenses.
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:
13-3603.02. Abortion for sex or race selection; injunctive relief; civil action; duty to report; classification
A. It is unlawful for A person to do any of the following:
1. Perform an abortion knowing that the abortion is sought based on the sex, gender, color or race of the child, or the race of a parent of that child.
2. Use force or the threat of force to intentionally injure or intimidate any person for the purpose of coercing a sex-selection or race‑selection abortion.
3. Solicit or accept or attempt to solicit or accept monies for the purpose of financing a sex-selection abortion or a race-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.
C. For the purposes of title VI, section 601 of the civil rights act of 1964, A violation of subsection A is discrimination prohibited by that act.
D. The father of the fetus, if married to the mother at the time she receives a sex-selection abortion or a race‑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, on behalf of the unborn child, a civil action to obtain appropriate relief with respect to a violation of subsection A. The court may award reasonable attorney fees as part of the costs in an action under 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.
E. A physician, physician's assistant, nurse, counselor or other medical or mental health professional shall report known or suspected violations of this section to appropriate law enforcement authorities.
F. For Any action under this section, the court shall expedite the action to the greatest possible extent.
G. A woman on whom a sex-selection or race-selection abortion is performed is not subject to criminal prosecution or civil liability for any violation of this section or for conspiracy to violate this section.
H. A violation of subsection a is a class 3 felony. A violation of subsection E is a class 6 felony.
2. The secretary of state shall submit this proposition to the voters at the next general election as provided by article IV, part 1, section 1, Constitution of Arizona.
