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 | |
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Introduced By: Representatives Serodio, and Roberts | |
Date Introduced: February 26, 2020 | |
Referred To: House Judiciary | |
It is enacted by the General Assembly as follows: | |
1 | SECTION 1. Title 23 of the General Laws entitled "HEALTH AND SAFETY" is hereby |
2 | amended by adding thereto the following chapter: |
3 | CHAPTER 4.14 |
4 | THE RHODE ISLAND UNBORN CHILD PROTECTION FROM PARTIAL BIRTH |
5 | ABORTION ACT |
6 | 23-4.14-1. Short title. |
7 | This chapter shall be known and may be cited as "The Rhode Island Unborn Child |
8 | Protection from Partial Birth Abortion Act". |
9 | 23-4.14-2. Definitions. |
10 | As used in this chapter: |
11 | (1) "Partial-birth abortion" means an abortion in which the person performing the abortion: |
12 | (i) Deliberately and intentionally vaginally delivers a living fetus until, in the case of a |
13 | head-first presentation, the entire fetal head is outside the body of the mother, or, in the case of |
14 | breech presentation, any part of the fetal trunk past the navel is outside the body of the mother, for |
15 | the purpose of performing an overt act that the person knows will kill the partially delivered living |
16 | fetus; and |
17 | (ii) Performs the overt act, other than completion of delivery, that kills the partially |
18 | delivered living fetus. |
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1 | (2) "Physician" means a doctor of medicine or osteopathy legally authorized to practice |
2 | medicine and surgery in the state, or any other individual legally authorized by the state to perform |
3 | abortions; provided, however, that any individual who is not a physician or not otherwise legally |
4 | authorized by the state to perform abortions, but who nevertheless directly performs a partial-birth |
5 | abortion, shall be subject to the provisions of this chapter. |
6 | 23-4.14-3. Prohibition of partial-birth abortions. |
7 | Any physician or person who knowingly performs a partial-birth abortion and thereby kills |
8 | a human fetus is guilty of a felony and subject to imprisonment of not more than ten (10) years or |
9 | punishable by a fine of not more than five thousand dollars ($5,000), or both. This subsection does |
10 | not apply to a partial-birth abortion that is necessary to save the life of a mother whose life is |
11 | endangered by a physical disorder, physical illness, or physical injury, including a life-endangering |
12 | physical condition caused by or arising from the pregnancy itself. A female upon whom a partial- |
13 | birth abortion is performed may not be prosecuted under this chapter. |
14 | 23-4.14-4. Review by state medical board. |
15 | (a) A defendant physician or licensed medical care professional accused of an offense |
16 | under this chapter may seek a hearing before the state board of medical licensure and discipline on |
17 | whether the physician's or licensed medical care professional's conduct was necessary to save the |
18 | life of the mother whose life was endangered by a physical disorder, physical illness, or physical |
19 | injury, including a life-endangering physical condition caused by or arising from the pregnancy |
20 | itself. |
21 | (b) The findings on the issue of whether the physician's conduct was necessary to save the |
22 | life of the mother shall be admissible on that issue at the trial of the defendant for violating § 23- |
23 | 4.14-3. Upon a motion of the defendant, the court shall delay the beginning of the trial for not more |
24 | than thirty (30) days to permit such a hearing to take place. |
25 | 23-4.14-5. Injunctive relief. |
26 | The attorney general may bring a cause of action for injunctive relief against a person who |
27 | has performed a partial-birth abortion in violation of § 23-4.14-3. The injunction shall prevent the |
28 | defendant from performing or attempting to perform partial birth abortions in this state in violation |
29 | of § 23-4.14-3. |
30 | 23-4.14-6. Civil remedies. |
31 | (a) A cause of action for civil damages against a person who has performed a partial-birth |
32 | abortion in violation of § 23-4.14-3 may be maintained by the following persons: |
33 | (1) Any woman upon whom a partial-birth abortion has been performed in violation of § |
34 | 23-4.14-3; |
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1 | (2) The father of the unborn child, if married to the woman at the time the partial birth |
2 | abortion was performed; or |
3 | (3) The parents or custodial guardians of the woman, if the woman has not attained the age |
4 | of eighteen (18) years at the time of the abortion or has died as a result of the abortion. |
5 | (b) No cause of action may be maintained by a plaintiff who is not the woman upon whom |
6 | the abortion was performed and the pregnancy resulted from the plaintiff's criminal conduct. |
7 | (c) Damages awarded in such an action shall include: |
8 | (1) Money damages for all injuries, psychological and physical, occasioned by the partial- |
9 | birth abortion; |
10 | (2) Statutory damages equal to three (3) times the cost of the partial-birth abortion; |
11 | (3) Injunctive relief; and |
12 | (4) Reasonable attorneys' fees. |
13 | (d) In a civil action filed pursuant to the provisions of this section, no person shall be |
14 | estopped from recovery in such a suit on the ground that either the plaintiff or the person upon |
15 | whom the partial-birth abortion was performed gave consent to the abortion. Any contract of |
16 | indemnification for such damages is void as against public policy. |
17 | (e) No attorneys' fees shall be assessed against the woman upon whom a partial birth |
18 | abortion was performed or attempted. |
19 | 23-4.14-7. Protection of privacy in court proceedings. |
20 | In every proceeding or action pursuant to this chapter, the court shall rule whether the |
21 | anonymity of any woman upon whom a partial-birth abortion is performed or attempted should be |
22 | preserved from public disclosure if she does not give her consent to such disclosure. The court, |
23 | upon motion or sua sponte, shall make such a ruling and, upon determining that her anonymity |
24 | should be preserved, shall issue orders to the parties, witnesses and counsel, and shall direct the |
25 | sealing of the record and exclusion of individuals from courtrooms or hearing rooms, to the extent |
26 | necessary to safeguard her identity from public disclosure. Each such order shall be accompanied |
27 | by specific written findings explaining why the anonymity of the female should be preserved from |
28 | public disclosure, why the order is essential to that end, how the order is narrowly tailored to serve |
29 | that interest, and why no reasonable less restrictive alternative exists. In the absence of written |
30 | consent of the female upon whom a partial-birth abortion has been performed or attempted, anyone, |
31 | other than a public official, who brings an action under this chapter shall do so under a pseudonym. |
32 | This section may not be construed to conceal the identity of the plaintiff or of witnesses from the |
33 | defendant. |
34 | 23-4.14-8. Construction. |
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1 | (a) Nothing in this chapter shall be construed as creating or recognizing a right to abortion, |
2 | nor a right to a particular method of abortion. |
3 | (b) It is not the intention of this chapter to make lawful an abortion that is currently |
4 | unlawful. |
5 | (c) The adoption of this chapter does not repeal or modify, by implication or otherwise, |
6 | any provision of state law not expressly amended by this chapter. |
7 | 23-4.14-9. Severability. |
8 | If any provision of this chapter or the application thereof to any person or circumstance is |
9 | held invalid, such invalidity does not affect the provisions for applications of this chapter which |
10 | can be given effect without the invalid provision or application and to this end, the provisions of |
11 | this chapter are severable. |
12 | SECTION 2. This act shall take effect upon passage. |
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LC004791 | |
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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 | |
*** | |
1 | This act would prohibit partial-birth abortions except to save the life of the mother. |
2 | Physicians violating the prohibition would be guilty of a felony punishable by imprisonment of not |
3 | more than ten (10) years or by a fine of not more than five thousand dollars ($5,000), or both. The |
4 | act would also provide for a private cause of action for violation of the prohibition. |
5 | This act would take effect upon passage. |
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