2017 -- H 5100

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LC000120

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     STATE OF RHODE ISLAND

IN GENERAL ASSEMBLY

JANUARY SESSION, A.D. 2017

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A N   A C T

RELATING TO HEALTH AND SAFETY -- ABORTION -- THE RHODE ISLAND UNBORN

CHILD PROTECTION FROM DISMEMBERMENT ABORTION ACT

     

     Introduced By: Representatives Corvese, Azzinaro, Edwards, O'Brien, and Fellela

     Date Introduced: January 12, 2017

     Referred To: House Judiciary

     It is enacted by the General Assembly as follows:

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

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amended by adding thereto the following chapter:

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CHAPTER 13.8

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THE RHODE ISLAND UNBORN CHILD PROTECTION FROM DISMEMBERMENT

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ABORTION ACT

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     23-13.8-1. Definitions.

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     For purposes of this chapter:

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

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other substance or device intentionally to terminate the pregnancy of a female known to be

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pregnant, with an intention other than to increase the probability of a live birth, to preserve the

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life or health of the child after live birth, or to remove a dead fetus who died as the result of

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natural causes in utero, accidental trauma, or a criminal assault on the pregnant woman or her

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unborn child, and which causes the premature termination of the pregnancy.

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     (2)(i) "Dismemberment abortion" means, with the purpose of causing the death of an

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unborn child, knowingly dismembering a living unborn child and extracting such unborn child

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one piece at a time from the uterus through the use of clamps, grasping forceps, tongs, scissors or

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similar instruments that, through the convergence of two (2) rigid levers, slice, crush or grasp a

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portion of the unborn child's body in order to cut or rip it off.

 

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     (ii) The term "dismemberment abortion" does not include an abortion which uses suction

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to dismember the body of the unborn child by sucking fetal parts into a collection container,

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although it does include an abortion in which a dismemberment abortion, as defined in subsection

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(2)(i) of this section, is used to cause the death of an unborn child but suction is subsequently

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used to extract fetal parts after the death of the unborn child.

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     (3) "Medical emergency" means a condition that, in reasonable medical judgment, so

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complicates the medical condition of the pregnant woman as to necessitate the immediate

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abortion of her pregnancy to avert the death of the woman or for which a delay necessary to

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comply with the applicable statutory requirements will create serious risk of substantial and

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irreversible physical impairment of a major bodily function. No condition shall be deemed a

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medical emergency if based on a claim or diagnosis that the woman will engage in conduct which

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would result in her death or in substantial and irreversible physical impairment of a major bodily

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function.

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     23-13.8-2. Prohibition of dismemberment abortions.

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     (a) No person shall perform, or attempt to perform, a dismemberment abortion on a living

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unborn child unless:

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     (1) The dismemberment abortion is necessary to preserve the life of the pregnant woman;

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or

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     (2) A continuation of the pregnancy will cause a substantial and irreversible physical

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impairment of a major bodily function of the pregnant woman; or

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     (3) No condition shall be deemed to exist if it is based on a claim or diagnosis that the

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woman will engage in conduct that would result in her death or in substantial and irreversible

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physical impairment of a major bodily function.

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     (b) Upon a first conviction of a violation of this section, and amendments thereto, a

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person shall be guilty of a misdemeanor. Upon a second or subsequent conviction of a violation

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of this section, and amendments thereto, a person shall be guilty of a felony.

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     (c) No woman upon whom an abortion is performed or attempted shall be liable for

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performing or attempting to perform a dismemberment abortion. No nurse, technician, secretary,

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receptionist or other employee or agent who is not a physician, but who acts at the direction of a

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physician, and no pharmacist or other individual who is not a physician, but who fills a

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prescription or provides instruments or materials used in an abortion at the direction of or to a

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physician shall be liable for performing or attempting to perform a dismemberment abortion.

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     23-13.8-3. Injunctive relief.

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     A cause of action for injunctive relief against any person who has knowingly violated the

 

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provisions of this chapter may be maintained by the woman upon whom the dismemberment

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abortion was performed or attempted in violation of §23-13.8-2; any person who is the spouse,

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parent, guardian, conservator, or a current or former licensed health care provider of the woman

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upon whom a dismemberment abortion has been performed or attempted in violation of §23-13.8-

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

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performing further dismemberment abortions in violation of §23-13.8-2.

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     23-13.8-4. Civil remedies.

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     (a) A cause of action for civil damages against a person who has performed a

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dismemberment abortion in violation of §23-13.8-2, and amendments thereto, may be maintained

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by the following persons, unless, in a case where the plaintiff is not the woman upon whom the

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abortion was performed, the pregnancy resulted from the plaintiff's criminal conduct:

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     (1) A woman upon whom a dismemberment abortion has been performed in violation of

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§23-13.8-2, and amendments thereto;

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     (2) The father of the unborn child, if married to the woman at the time the

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dismemberment abortion was performed; or

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     (3) The parents or custodial guardians of the woman, if the woman has not attained the

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age of eighteen (18) years at the time of the abortion or has died as a result of the abortion.

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     (b) Damages awarded in such an action shall include:

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     (1) Money damages for all injuries, psychological and physical, occasioned by the

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dismemberment abortion;

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     (2) Statutory damages equal to three (3) times the cost of the dismemberment abortion;

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     (3) Injunctive relief; and

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     (4) Reasonable attorney's fees.

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     (c) No person is estopped from recovery in such a suit on the ground that either the

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plaintiff or the person upon whom the partial-birth abortion was performed gave consent to the

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abortion. Any contract of indemnification for such damages is void.

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     (d) No attorney's fees shall be assessed against the woman upon whom a dismemberment

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abortion was performed or attempted.

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     23-13.8-5. Provision for anonymity of female.

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     In every proceeding or action pursuant to this chapter, the court shall rule whether the

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anonymity of any female upon whom a dismemberment abortion is performed or attempted

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should be preserved from public disclosure if she does not give her consent to such disclosure.

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The court, upon motion or sua sponte, shall make such a ruling and, upon determining that her

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anonymity should be preserved, shall issue orders to the parties, witnesses and counsel, and shall

 

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direct the sealing of the record and exclusion of individuals from courtrooms or hearing rooms, to

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the extent necessary to safeguard her identity from public disclosure. Each such order shall be

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accompanied by a specific written findings explaining why the anonymity of the female should be

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preserved from public disclosure, why the order is essential to that end, how the order is narrowly

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tailored to serve that interest, and why no reasonable less restrictive alternative exists. In the

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absence of written consent of the female upon whom a dismemberment abortion has been

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performed or attempted, anyone, other than a public official, who brings an action under this

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section shall do so under a pseudonym. This section may not be construed to conceal the identity

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of the plaintiff or of witnesses from the defendant.

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     23-13.8-6. Construction.

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     (a) Nothing in this chapter shall be construed as creating or recognizing a right to

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abortion, nor a right to a particular method of abortion.

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

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unlawful.

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     (c) The adoption of this chapter does not repeal or modify, by implication or otherwise,

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any provision of state law not expressly amended by this chapter.

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     23-13.8-7. Severability.

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     If any provision of this chapter or the application thereof to any person or circumstance is

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held invalid, such invalidity shall not affect the provisions for applications of this chapter which

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can be given effect without the invalid provision or application and to this end, the provisions of

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this chapter are severable.

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     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 -- ABORTION -- THE RHODE ISLAND UNBORN

CHILD PROTECTION FROM DISMEMBERMENT ABORTION ACT

***

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     This act would define and regulate, and in some cases, prohibit dismemberment

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abortions.

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     This act would take effect upon passage.

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