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2012 -- H 7114 | |
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LC00312 | |
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STATE OF RHODE ISLAND | |
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IN GENERAL ASSEMBLY | |
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JANUARY SESSION, A.D. 2012 | |
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A N A C T | |
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RELATING TO HEALTH AND SAFETY | |
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Introduced By: Representatives Fellela, Corvese, Ucci, Edwards, and McLaughlin | |
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Date Introduced: January 12, 2012 | |
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Referred To: House Judiciary | |
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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 4.13 |
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ABORTIONS SOLELY AS A MEANS OF SEX SELECTION |
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23-4.13-1. Definitions. -- For purposes of this chapter the following definitions apply: |
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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 to terminate the pregnancy of a woman known to be pregnant with an |
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intention other than to increase the probability of a live birth, to preserve the life or health of the |
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child after live birth, or to remove a dead unborn child who died as the result of natural causes in |
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utero, accidental trauma, or a criminal assault on the pregnant woman or her unborn child, and |
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which causes the premature termination of the pregnancy. |
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(2) "Attempt to perform an abortion" means to do or omit to do anything that, under the |
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circumstances as the actor believes them to be, is an act or omission constituting a substantial step |
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in a course of conduct planned to culminate in an abortion. Such substantial steps include, but are |
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not limited to: (i) Agreeing with an individual to perform an abortion on that individual or on |
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some other person, whether or not the term "abortion" is used in the agreement, and whether or |
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not the agreement is contingent on another factor such as receipt of payment or a determination of |
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pregnancy; (ii) Scheduling or planning a time to perform an abortion on an individual, whether or |
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not the term "abortion" is used, and whether or not the performance is contingent on another |
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factor such as receipt of payment or a determination of pregnancy. This definition shall not be |
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construed to require that an abortion procedure actually be initiated for an attempt to occur. |
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23-4.13-2. Abortion as a means of sex selection. -- No person shall intentionally |
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perform or attempt to perform an abortion with knowledge that the pregnant woman is seeking |
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the abortion solely on account of the sex of the unborn child. Nothing in this chapter shall be |
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construed to proscribe the performance of an abortion because the unborn child has a genetic |
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disorder which is sex-linked. |
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23-4.13-3. Civil damages for abortions as a method of sex selection. -- Any woman |
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upon whom an abortion unlawful under section 23-4.13-2 was performed, the father of the unborn |
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child who was the subject of such an abortion, or the grandparent of such an unborn child may |
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maintain an action against the person who performed the abortion for ten thousand dollars |
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($10,000) in punitive damages and treble whatever actual damages the plaintiff may have |
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sustained. No person shall be estopped from recovery in such a suit on the ground that either the |
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plaintiff or the person upon whom the abortion was performed gave consent to the abortion. |
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23-4.13-4. Privacy of woman upon whom an abortion is performed or attempted. – |
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In every proceeding or action brought under this chapter, the anonymity of any woman upon |
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whom an abortion is performed or attempted shall be preserved from public disclosure unless she |
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gives her consent to such disclosure. The court, upon motion or sua sponte, shall issue orders to |
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the parties, witnesses, and counsel, and shall direct the sealing of the record and exclusion of |
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individuals from courtrooms or hearing rooms, to the extent necessary to safeguard her identity |
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from public disclosure. In the absence of written consent of the woman upon whom an abortion |
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has been performed or attempted, anyone who brings an action under section 23-4.13-3 shall do |
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so under a pseudonym. |
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23-4.13-5. Construction. -- (a) Nothing in this chapter shall be construed as creating or |
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recognizing a right to 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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23-4.13-6. Severability. -- If any provision, word, phrase, or clause of this chapter or the |
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application thereof to any person or circumstance is held invalid, such invalidity shall not affect |
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the provisions, words, phrases, clauses or applications of this chapter which can be given effect |
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without the invalid provision, word, phrase, clause, or application and to this end, the provisions, |
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words, phrases, and clauses of this chapter are declared to be severable. If the application of this |
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law to the period of pregnancy prior to viability is held invalid, then such invalidity shall not |
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affect its application to the period of pregnancy subsequent to viability. |
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SECTION 2. This act shall take effect upon passage. |
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LC00312 | |
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EXPLANATION | |
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BY THE LEGISLATIVE COUNCIL | |
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OF | |
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A N A C T | |
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RELATING TO HEALTH AND SAFETY | |
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This act would ban abortions solely as a means of sex selection. |
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This act would take effect upon passage. |
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LC00312 | |
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