2014 -- S 2376

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LC004379

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     STATE OF RHODE ISLAND

IN GENERAL ASSEMBLY

JANUARY SESSION, A.D. 2014

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A N   A C T

RELATING TO HEALTH AND SAFETY

     Introduced By: Senators Crowley, Metts, McCaffrey, and Goodwin

     Date Introduced: February 12, 2014

     Referred To: Senate Judiciary

     It is enacted by the General Assembly as follows:

     SECTION 1. Title 23 of the General Laws entitled "HEALTH AND SAFETY" is hereby

amended by adding thereto the following chapter:

CHAPTER 4.13

ABORTIONS SOLELY AS A MEANS OF SEX SELECTION

     23-4.13-1. Definitions. -- For purposes of this chapter the following definitions apply:

     (1) "Abortion" means the use or prescription of any instrument, medicine, drug, or any

other substance or device to terminate the pregnancy of a woman known to be pregnant, with an

intention other than to: increase the probability of a live birth, to preserve the life or health of the

child after live birth, or to remove a dead unborn child who died as the result of natural causes in

utero, or accidental trauma or a criminal assault on the pregnant woman or her unborn child

which causes the premature termination of the pregnancy.

     (2) "Attempt to perform an abortion" means to do or omit to do anything that, under the

circumstances as the actor believes them to be, is an act or omission constituting a substantial step

in a course of conduct planned to culminate in an abortion. Such substantial steps include, but are

not limited to:

     (i) Agreeing with an individual to perform an abortion on that individual or on some

other person, whether or not the term "abortion" is used in the agreement, and whether or not the

agreement is contingent on another factor such as receipt of payment or a determination of

pregnancy.

     (ii) Scheduling or planning a time to perform an abortion on an individual, whether or not

the term "abortion" is used, and whether or not the performance is contingent on another factor

such as receipt of payment or a determination of pregnancy. This definition shall not be construed

to require that an abortion procedure actually be initiated for an attempt to occur.

     23-4.13-2. Abortion as a means of sex selection. -- No person shall intentionally

perform or attempt to perform an abortion with knowledge that the pregnant woman is seeking

the abortion solely on account of the sex of the unborn child. Nothing in this chapter shall be

construed to proscribe the performance of an abortion because the unborn child has a genetic

disorder which is sex-linked.

     23-4.13-3. License suspension or revocation. -- A physician who intentionally performs

or attempts to perform an abortion unlawful under § 23-4.13-2 herein shall be considered to have

engaged in unprofessional conduct, and his or her license shall be subject to suspension or

revocation by the State Board of Medical Licensure and Discipline in accordance with procedures

provided under chapter 37 of title 5.

     23-4.13-4. Civil damages for abortions as a method of sex selection. -- Any woman

upon whom an abortion unlawful under § 23-4.13-2 was performed, the father of the unborn child

who was the subject of such an abortion, (unless the pregnancy resulted from the father’s criminal

conduct), or the grandparent of such an unborn child, may maintain an action against the person

who performed the abortion for treble damages, and an additional ten thousand dollars ($10,000)

in punitive damages. No person shall estopped from recovery in such a suit on the grounds that

either the plaintiff or the person upon whom the abortion was performed gave consent to the

abortion. Any contract of indemnification for such damages is hereby declared null and void.

     23-4.13-5. Injunctive relief. -- A cause of action for injunctive relief against any person

who has knowingly violated the provisions of this chapter may be maintained by the woman upon

whom the abortion was performed or attempted in violation of § 23-4.13-2 any person who is the

spouse, parent, guardian, conservator, or a current or former licensed healthcare provider of the

woman upon whom an abortion has been performed or attempted in violation of § 23-4.13-2; or

by the office of the attorney general. The injunction shall prevent the abortion provider from

performing further abortions in violation of § 23-4.13-2.

     23-4.13-6. Attorney's fees. -- If judgment is rendered in favor of the plaintiff in an action

described in this chapter the court shall also render judgment for a reasonable attorney's fee in

favor of the plaintiff against the defendant. If judgment is rendered in favor of the defendant and

the court finds that the plaintiff's suit was frivolous and brought in bad faith, the court shall also

render judgment for a reasonable attorney's fee in favor of the defendant against the plaintiff.

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     23-4.13-7. Exclusion of liability for woman who undergoes abortion. -- No action

under this chapter may be brought against any woman upon whom an abortion was performed or

attempted in violation of this chapter.

     23-4.13-8. Privacy of woman upon whom an abortion is performed or attempted. --

In every proceeding or action brought under this chapter. the anonymity of any woman upon

whom an abortion was performed or attempted in violation of this chapter shall be preserved from

public disclosure unless she gives her consent to such disclosure. The court, upon motion or sua

sponte, shall issue orders to the parties, witnesses, and counsel, and shall direct the sealing of the

record and exclusion of individuals from courtrooms or hearing rooms, to the extent necessary to

safeguard her identity from public disclosure. In the absence of written consent of the woman

upon whom an abortion was performed or attempted in violation of this chapter, anyone who

brings an action under this chapter shall do so under a pseudonym.

     23-4.13-9. Construction. -- (a) Nothing in this chapter shall be construed as creating or

recognizing a right to abortion.

     (b) It is not the intent of this chapter to make lawful an abortion that is currently

unlawful.

     23-4.13-10. Severability. -- If any provision, word, phrase, or clause of this chapter or

the application thereof to any person or circumstance is held invalid, such invalidity shall not

affect the provisions, words, phrases, clauses or applications of this chapter which can be given

effect without the invalid provision, word, phrase, clause, or application and to this end, the

provisions, words, phrases, and clauses of this chapter are declared to be severable. If the

application of this law to the period of pregnancy prior to viability is held invalid, then such

invalidity shall not affect its application to the period of pregnancy subsequent to viability.

     SECTION 2. This act shall take effect upon passage.

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EXPLANATION

BY THE LEGISLATIVE COUNCIL

OF

A N   A C T

RELATING TO HEALTH AND SAFETY

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     This act would ban abortions performed solely as a means of sex selection.

     This act would take effect upon passage.

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