2020 -- H 7923

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LC004791

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     STATE OF RHODE ISLAND

IN GENERAL ASSEMBLY

JANUARY SESSION, A.D. 2020

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A N   A C T

RELATING TO HEALTH AND SAFETY -- ESTABLISHING PROTECTION FROM

PARTIAL BIRTH ABORTION

     

     Introduced By: Representatives Serodio, and Roberts

     Date Introduced: February 26, 2020

     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 4.14

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THE RHODE ISLAND UNBORN CHILD PROTECTION FROM PARTIAL BIRTH

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ABORTION ACT

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     23-4.14-1. Short title.

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     This chapter shall be known and may be cited as "The Rhode Island Unborn Child

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Protection from Partial Birth Abortion Act".

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     23-4.14-2. Definitions.

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     As used in this chapter:

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     (1) "Partial-birth abortion" means an abortion in which the person performing the abortion:

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     (i) Deliberately and intentionally vaginally delivers a living fetus until, in the case of a

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head-first presentation, the entire fetal head is outside the body of the mother, or, in the case of

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breech presentation, any part of the fetal trunk past the navel is outside the body of the mother, for

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the purpose of performing an overt act that the person knows will kill the partially delivered living

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fetus; and

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     (ii) Performs the overt act, other than completion of delivery, that kills the partially

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delivered living fetus.

 

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     (2) "Physician" means a doctor of medicine or osteopathy legally authorized to practice

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medicine and surgery in the state, or any other individual legally authorized by the state to perform

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abortions; provided, however, that any individual who is not a physician or not otherwise legally

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authorized by the state to perform abortions, but who nevertheless directly performs a partial-birth

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abortion, shall be subject to the provisions of this chapter.

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     23-4.14-3. Prohibition of partial-birth abortions.

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     Any physician or person who knowingly performs a partial-birth abortion and thereby kills

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a human fetus is guilty of a felony and subject to imprisonment of not more than ten (10) years or

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punishable by a fine of not more than five thousand dollars ($5,000), or both. This subsection does

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not apply to a partial-birth abortion that is necessary to save the life of a mother whose life is

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endangered by a physical disorder, physical illness, or physical injury, including a life-endangering

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physical condition caused by or arising from the pregnancy itself. A female upon whom a partial-

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birth abortion is performed may not be prosecuted under this chapter.

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     23-4.14-4. Review by state medical board.

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     (a) A defendant physician or licensed medical care professional accused of an offense

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under this chapter may seek a hearing before the state board of medical licensure and discipline on

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whether the physician's or licensed medical care professional's conduct was necessary to save the

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life of the mother whose life was endangered by a physical disorder, physical illness, or physical

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injury, including a life-endangering physical condition caused by or arising from the pregnancy

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itself.

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     (b) The findings on the issue of whether the physician's conduct was necessary to save the

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life of the mother shall be admissible on that issue at the trial of the defendant for violating § 23-

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4.14-3. Upon a motion of the defendant, the court shall delay the beginning of the trial for not more

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than thirty (30) days to permit such a hearing to take place.

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     23-4.14-5. Injunctive relief.

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     The attorney general may bring a cause of action for injunctive relief against a person who

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has performed a partial-birth abortion in violation of § 23-4.14-3. The injunction shall prevent the

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defendant from performing or attempting to perform partial birth abortions in this state in violation

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of § 23-4.14-3.

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     23-4.14-6. Civil remedies.

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

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abortion in violation of § 23-4.14-3 may be maintained by the following persons:

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     (1) Any woman upon whom a partial-birth abortion has been performed in violation of §

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23-4.14-3;

 

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

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abortion was performed; or

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

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

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     (b) No cause of action may be maintained by a plaintiff who is not the woman upon whom

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the abortion was performed and the pregnancy resulted from the plaintiff's criminal conduct.

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

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

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birth abortion;

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     (2) Statutory damages equal to three (3) times the cost of the partial-birth abortion;

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     (3) Injunctive relief; and

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     (4) Reasonable attorneys' fees.

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     (d) In a civil action filed pursuant to the provisions of this section, no person shall be

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estopped from recovery in such a suit on the ground that either the plaintiff or the person upon

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whom the partial-birth abortion was performed gave consent to the abortion. Any contract of

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indemnification for such damages is void as against public policy.

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     (e) No attorneys' fees shall be assessed against the woman upon whom a partial birth

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abortion was performed or attempted.

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     23-4.14-7. Protection of privacy in court proceedings.

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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 woman upon whom a partial-birth abortion is performed or attempted should be

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preserved from public disclosure if she does not give her consent to such disclosure. The court,

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

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

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

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

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by specific written findings explaining why the anonymity of the female should be preserved from

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public disclosure, why the order is essential to that end, how the order is narrowly tailored to serve

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that interest, and why no reasonable less restrictive alternative exists. In the absence of written

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consent of the female upon whom a partial-birth abortion has been performed or attempted, anyone,

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other than a public official, who brings an action under this chapter shall do so under a pseudonym.

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This section may not be construed to conceal the identity of the plaintiff or of witnesses from the

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defendant.

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     23-4.14-8. Construction.

 

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

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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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     23-4.14-9. 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 does 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 -- ESTABLISHING PROTECTION FROM

PARTIAL BIRTH ABORTION

***

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     This act would prohibit partial-birth abortions except to save the life of the mother.

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Physicians violating the prohibition would be guilty of a felony punishable by imprisonment of not

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more than ten (10) years or by a fine of not more than five thousand dollars ($5,000), or both. The

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act would also provide for a private cause of action for violation of the prohibition.

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     This act would take effect upon passage.

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