2013 -- H 5566

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LC01138

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STATE OF RHODE ISLAND

IN GENERAL ASSEMBLY

JANUARY SESSION, A.D. 2013

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A N A C T

RELATING TO HEALTH AND SAFETY

     Introduced By: Representatives Fellela, MacBeth, Corvese, Azzinaro, and Ucci

     Date Introduced: February 14, 2013

     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 4.13

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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 which

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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:

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     (i) Agreeing with an individual to perform an abortion on that individual or on some

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other person, whether or not the term "abortion" is used in the agreement, and whether or not the

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agreement is contingent on another factor such as receipt of payment or a determination of

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pregnancy.

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     (ii) Scheduling or planning a time to perform an abortion on an individual, whether or not

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the term "abortion" is used, and whether or not the performance is contingent on another factor

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such as receipt of payment or a determination of pregnancy. This definition shall not be construed

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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. License suspension or revocation. -- A physician who intentionally performs

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or attempts to perform an abortion unlawful under section 23-4.13-2 shall be considered to have

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engaged in unprofessional conduct, and his or her license shall be subject to suspension or

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revocation by the State Board of Medical Licensure and Discipline in accordance with procedures

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provided under chapter 37 of title 5.

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     23-4.13-4. 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, unless the pregnancy resulted from the father’s

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criminal conduct, or the grandparent of such an unborn child, may maintain an action against the

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person who performed the abortion for ten thousand dollars ($10,000) in punitive damages and

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treble whatever actual damages the plaintiff may have sustained. No person shall be stopped from

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

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abortion was performed gave consent to the abortion. Any contract of indemnification for such

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damages is void.

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     23-4.13-5. Injunctive relief. -- A cause of action for injunctive relief against any person

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who has knowingly violated the provisions of this chapter may be maintained by the woman upon

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whom the abortion was performed or attempted in violation of section 23-4.13-2 any person who

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is the spouse, parent, guardian, conservator, or a current or former licensed healthcare provider of

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the woman upon whom an abortion has been performed or attempted in violation of section 23-

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4.13-2; or by the office of the attorney general. The injunction shall prevent the abortion provider

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from performing further abortions in violation of section 23-4.13-2.

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     23-4.13-6. Attorney's fees. -- If judgment is rendered in favor of the plaintiff in an action

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described in this chapter the court shall also render judgment for a reasonable attorney's fee in

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favor of the plaintiff against the defendant. If judgment is rendered in favor of the defendant and

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the court finds that the plaintiff's suit was frivolous and brought in bad faith, the court shall also

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render judgment for a reasonable attorney's fee in favor of the defendant against the plaintiff.

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     23-4.13-7. Exclusion of liability for woman who undergoes abortion. -- No action

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under this chapter may be brought against any woman upon whom an abortion was performed or

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attempted in violation of this chapter.

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     23-4.13-8. 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 was performed or attempted in violation of this chapter shall be preserved from

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public disclosure unless she gives her consent to such disclosure. The court, upon motion or sua

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sponte, shall issue orders to the parties, witnesses, and counsel, and shall direct the sealing of the

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

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safeguard her identity from public disclosure. In the absence of written consent of the woman

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upon whom an abortion was performed or attempted in violation of this chapter, anyone who

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brings an action under this chapter shall do so under a pseudonym.

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     23-4.13-9. 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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     23-4.13-10. Severability. -- If any provision, word, phrase, or clause of this chapter or

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the application thereof to any person or circumstance is held invalid, such invalidity shall not

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affect the provisions, words, phrases, clauses or applications of this chapter which can be given

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effect without the invalid provision, word, phrase, clause, or application and to this end, the

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provisions, words, phrases, and clauses of this chapter are declared to be severable. If the

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application of this law to the period of pregnancy prior to viability is held invalid, then such

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invalidity shall not 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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LC01138

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EXPLANATION

BY THE LEGISLATIVE COUNCIL

OF

A N A C T

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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LC01138

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