Bill Text: GA HB1155 | 2009-2010 | Regular Session | Comm Sub
Bill Title: Prenatal Nondiscrimination Act; enact
Spectrum: Slight Partisan Bill (Republican 4-2)
Status: (Introduced - Dead) 2010-03-11 - House Withdrawn, Recommitted [HB1155 Detail]
Download: Georgia-2009-HB1155-Comm_Sub.html
10
LC 36 1610S
The
House Committee on Judiciary Non-civil offers the following substitute to HB
1155:
A
BILL TO BE ENTITLED
AN ACT
AN ACT
To
amend Title 16 of the Official Code of Georgia Annotated, relating to crimes and
offenses, so as to specify certain acts that constitute criminal abortion; to
provide for certain criminal and civil remedies for criminal abortion; to
provide for notification of certain investigations; to provide for definitions;
to provide for prohibitions on the circumstances under which an abortion may be
performed; to revise the definition of the term "racketeering activity" to
include certain conduct relating to criminal abortion; to provide for related
matters; to provide for an effective date and applicability; to repeal
conflicting laws; and for other purposes.
BE
IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:
SECTION
1.
Title
16 of the Official Code of Georgia Annotated, relating to crimes and offenses,
is amended by revising subsection (b) of Code Section 16-12-140, relating to
criminal abortion, and adding new subsections to read as follows:
"(b)
A person
commits the offense of criminal abortion when that person performs an
abortion:
(1)
With the intent to prevent an unborn child from being born based upon the race,
color, or gender of the unborn child or the race or color of either parent of
that child;
(2)
With the knowledge that the pregnant woman is seeking the abortion based upon
the race, color, or gender of the unborn child or the race or color of either
parent of that child;
(3)
With the knowledge that the pregnant woman is seeking the abortion as a result
of coercion; or
(4)
In violation of any of the following: Code Section 15-11-112, subsection (b) or
(c) of Code Section 16-12-141, Code Section 31-9A-3, or Code Section
31-9A-5.
(c)
A person convicted of the offense of criminal abortion shall be punished by
imprisonment for not less than one nor more than ten
years;
provided, however, that a person convicted of a violation of paragraph (4) of
subsection (b) of this Code section shall be guilty of a
misdemeanor.
(d)
Any woman upon whom an abortion is performed in violation of this Code section
may recover in a civil action from the person who engaged in such violation all
damages available to her under Georgia law for any
torts.
(e)
The right to recover for the death of an unborn child resulting from a violation
of this Code section shall be as provided for in Code Sections 51-4-4 and
19-7-1, with all references to 'child' therein deemed to include 'unborn
child.'
(f)
As used in this Code section, the term 'unborn child' shall have the same
meaning as set forth in Code Section 16-5-80.
(g)
Any woman upon whom an abortion is performed shall not be held criminally or
civilly liable as a result of such abortion for any violation of this Code
section or for solicitation or for conspiracy to violate this Code
section.
(h)
Immediate notification of any criminal investigation initiated pursuant to this
Code section shall be made to the Georgia Composite Medical Board.
(i)
This Code section shall be subject to all applicable laws governing the
confidentiality of a patient's personal medical
information."
SECTION
2.
Said
title is further amended by revising subsection (a) of Code Section 16-12-141,
relating to when abortion is legal and the filing of certificate of abortion by
performing physician, as follows:
"(a)
Nothing in this article shall be construed to prohibit an abortion performed by
a physician duly licensed to practice medicine and surgery pursuant to Chapter
34 of Title 43, based upon his or her best clinical judgment that an abortion is
necessary, except
that
subsection (b) of Code Section 16-12-140 is a prohibition on the circumstances
under which an abortion may be performed which shall apply to both duly licensed
physicians and laypersons, and Code
Section 16-12-144 is a prohibition of a particular abortion method which shall
apply to both duly licensed physicians and laypersons.
The exceptions
set forth in this subsection shall not apply to an abortion that is necessary to
save the life of a mother whose life is endangered by a physical disorder,
physical illness, or physical injury, including a life-endangering physical
condition caused by or arising from the pregnancy
itself."
SECTION
3.
Said
title is further amended by revising subparagraph (A) of paragraph (9) of Code
Section 16-14-3, relating to definitions related to racketeer influenced and
corrupt organizations, by striking the "or" at the end of division (xxxix), by
striking the period and inserting a semicolon at the end of division (xxxx), and
by adding a new divisions to read as follows:
"(xxxxi)
Code Section 16-12-140, relating to criminal
abortion."
SECTION
4.
This
Act shall become effective upon its approval by the Governor or upon its
becoming law without such approval and shall apply to conduct on and after that
date.
SECTION
5.
All
laws and parts of laws in conflict with this Act are repealed.