2012 -- H 7009

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LC00194

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STATE OF RHODE ISLAND

IN GENERAL ASSEMBLY

JANUARY SESSION, A.D. 2012

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A N A C T

RELATING TO HEALTH AND SAFETY -- ABORTION

     Introduced By: Representatives Brien, Corvese, Azzinaro, Savage, and Palumbo

     Date Introduced: January 04, 2012

     Referred To: House Judiciary

It is enacted by the General Assembly as follows:

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     SECTION 1. Chapter 23-4.7 of the General Laws entitled "Informed Consent for

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Abortion" is hereby amended by adding thereto the following sections:

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     23-4.7-1.1. "Forced and required" defined. -- "Forced and required" for the purposes

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of this chapter means being coerced, pressured or threatened physically, emotionally,

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psychologically or otherwise, including the loss of employment or any social assistance of any

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type in which such pregnant woman is already participating, harassed or ordered by any agency

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or department of the State of Rhode Island or any employee thereof.

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     23-4.7-9. Civil action for abortion against woman’s will. -- Any woman who is forced

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or required to have an abortion against her will and without her free consent shall be entitled to

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bring a civil action for tortious misconduct against the person, agency or department, whether

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private or public, who forced or required her to have an abortion in contravention of this chapter,

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within three (3) years of her eighteenth (18th) birthday or within three (3) years of the date of the

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abortion if the woman is more than eighteen (18) years of age at the time of the abortion. In

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addition to said action, the woman shall have a right of action for wrongful death of the unborn

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child against the person, agency or department, whether private or public, who forced or required

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her to have an abortion.

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     SECTION 2. This act shall take effect upon passage.

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LC00194

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EXPLANATION

BY THE LEGISLATIVE COUNCIL

OF

A N A C T

RELATING TO HEALTH AND SAFETY -- ABORTION

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     This act would prohibit any woman from being forced to have an abortion against her

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will, and would provide a cause of action in tort for the wrongful death of the unborn child.

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     This act would take effect upon passage.

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LC00194

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