| HB 854 - Partial-birth abortion; prohibit; penalties; exceptions |
First Reader Summary
A BILL to amend Article 5 of Chapter 12 of Title 16 of the
Official Code of Georgia Annotated, relating to abortion, so as
to prohibit a particular abortion method; and for other purposes.
HB 854 LC 11 9859
A BILL TO BE ENTITLED
AN ACT
1- 1 To amend Article 5 of Chapter 12 of Title 16 of the Official
1- 2 Code of Georgia Annotated, relating to abortion, so as to
1- 3 prohibit a particular abortion method; to provide for
1- 4 penalties, civil actions, attorneys' fees, and relief; to
1- 5 provide for exceptions; to provide for severability; to
1- 6 provide for legislative intent and for powers of the
1- 7 Attorney General; to provide an effective date; to repeal
1- 8 conflicting laws; and for other purposes.
1- 9 BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:
1-10 SECTION 1.
1-11 Article 5 of Chapter 12 of Title 16 of the Official Code of
1-12 Georgia Annotated, relating to abortion, is amended by
1-13 striking subsection (a) of Code Section 16-12-141, providing
1-14 when abortion is legal, and inserting in lieu thereof the
1-15 following:
1-16 "(a) Nothing in this article shall be construed to
1-17 prohibit an abortion performed by a physician duly
1-18 licensed to practice medicine and surgery pursuant to
1-19 Chapter 34 of Title 43, based upon his or her best
1-20 clinical judgment that an abortion is necessary, except
1-21 that Code Section 16-12-144 is a prohibition of a
1-22 particular abortion method which shall apply to both duly
1-23 licensed physicians and laypersons."
1-24 SECTION 2.
1-25 Said article is further amended by striking Code Section
1-26 16-12-144, which reads as follows:
1-27 "16-12-144.
1-28 (a) As used in this Code section, the term:
1-29 (1) 'Fetus' means the biological offspring of human
1-30 parents.
1-31 (2) 'Partial-birth abortion' means an abortion in which
1-32 the person performing the abortion partially vaginally
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2- 1 delivers a living human fetus before ending the life of
2- 2 the fetus and completing the delivery.
2- 3 (b) Any person who knowingly performs a partial-birth
2- 4 abortion and thereby ends the life of a human fetus shall,
2- 5 upon conviction thereof, be punished by a fine not to
2- 6 exceed $5,000.00, imprisonment for not more than five
2- 7 years, or both. This prohibition shall not apply to a
2- 8 partial-birth abortion that is necessary to save the life
2- 9 of the mother because her life is endangered by a physical
2-10 disorder, physical illness, or physical injury, including
2-11 a life-endangering condition caused by or arising from the
2-12 pregnancy itself, provided that no other medical procedure
2-13 will suffice to save the mother's life.
2-14 (c)(1) The father of the fetus, and the maternal
2-15 grandparents of the fetus if the mother has not attained
2-16 the age of 18 years of age at the time of the abortion,
2-17 may obtain appropriate relief in a civil action, unless
2-18 the pregnancy resulted from the plaintiff's criminal
2-19 conduct or the plaintiff consented to the abortion.
2-20 (2) Such relief shall include:
2-21 (A) Money damages for all injuries, psychological and
2-22 physical, occasioned by the violation of this Code
2-23 section; and
2-24 (B) Statutory damages equal to three times the cost of
2-25 the partial-birth abortion.
2-26 (d) A woman upon whom a partial-birth abortion is
2-27 performed may not be prosecuted under this Code section
2-28 for violating this Code section or any provision thereof,
2-29 or for conspiracy or for an attempt to violate this Code
2-30 section or any provision thereof.",
2-31 in its entirety and inserting in lieu thereof the following
2-32 new Code section:
2-33 "16-12-144.
2-34 (a) As used in this Code section, the term:
2-35 (1) 'Child' and 'living child' are used interchangeably
2-36 to refer to a living member of the species Homo sapiens.
2-37 (2) 'Partial birth' and 'partially born' mean that any
2-38 attached portion of a living child who has a beating
2-39 heart has emerged from or been taken out of the body of
2-40 the child's mother, provided that the umbilical cord and
-2-
3- 1 placenta shall not be deemed to be portions of the
3- 2 child's body.
3- 3 (3) 'Partial-birth abortion' means intentionally and
3- 4 deliberately causing the partial birth of a living child
3- 5 for the purpose of killing the child while the child is
3- 6 partially born, and then, in a second overt act,
3- 7 intentionally and deliberately killing the child while
3- 8 the child is known to be partially born.
3- 9 (b) Any person who knowingly performs a partial-birth
3-10 abortion and thereby ends the life of a living child
3-11 shall, upon conviction thereof, be punished by a fine not
3-12 to exceed $5,000.00, imprisonment for not more than five
3-13 years, or both. This prohibition shall not apply to a
3-14 partial-birth abortion that is necessary to save the life
3-15 of the mother because her life is endangered by a physical
3-16 disorder, physical illness, or physical injury, including
3-17 a life endangering condition caused by or arising from the
3-18 pregnancy itself. This prohibition shall not apply if and
3-19 only if no other medical procedure will suffice to save
3-20 the mother's life.
3-21 (c)(1) The woman upon whom a partial-birth abortion has
3-22 been performed in violation of this Code section, the
3-23 father of the child, and the maternal grandparents of
3-24 the child, if the mother has not attained the age of 18
3-25 years at the time of the abortion, may obtain
3-26 appropriate relief in a civil action, unless the
3-27 pregnancy resulted from the plaintiff's criminal conduct
3-28 or the plaintiff consented to the abortion.
3-29 (2) Such relief shall include:
3-30 (A) Money damages for all injuries, psychological and
3-31 physical, occasioned by the violation of this Code
3-32 section;
3-33 (B) Statutory damages equal to three times the cost of
3-34 the partial-birth abortion; and
3-35 (C) If judgment is rendered in favor of the plaintiff
3-36 in an action described in this Code section, the court
3-37 shall also render judgment for reasonable attorney's
3-38 fees in favor of the plaintiff against the defendant.
3-39 If the judgment is rendered in favor of the defendant
3-40 and the court finds that the plaintiff's suit was
3-41 frivolous and brought in bad faith, the court shall
-3-
4- 1 also render judgment for reasonable attorney's fees in
4- 2 favor of the defendant against the plaintiff.
4- 3 (d) A woman upon whom a partial-birth abortion is
4- 4 performed may not be prosecuted under this Code section
4- 5 for violating this Code section or any provision thereof,
4- 6 or for conspiracy or for an attempt to violate this Code
4- 7 section or any provision thereof."
4- 8 SECTION 3.
4- 9 It is the intention of the General Assembly that in the
4-10 event of any constitutional challenge to this Act or Code
4-11 Section 16-12-144, as enacted by this Act, the issue of
4-12 constitutionality should be decided and determined only
4-13 through the full and complete exercise of the judicial
4-14 process, and not through any settlement, compromise, consent
4-15 decree, or other similar agreement. It shall be the duty of
4-16 the Attorney General of the State of Georgia, in the event
4-17 of such a constitutional challenge, to present a full and
4-18 complete defense of this Act and Code Section 16-12-144 in
4-19 the appropriate court of original jurisdiction and, if
4-20 necessary, in any appellate court. Neither the Attorney
4-21 General nor any other counsel acting on behalf of the State
4-22 of Georgia shall have authority to enter on behalf of the
4-23 state into any settlement, compromise, consent decree, or
4-24 other similar agreement with respect to any issue of
4-25 constitutionality or construction of this Act or Code
4-26 Section 16-12-144.
4-27 SECTION 4.
4-28 If subsection (b) of Code Section 16-12-144 is declared or
4-29 adjudged to be invalid or unconstitutional, the remaining
4-30 provisions of this Act shall not be construed to be
4-31 severable from that subsection (b). The General Assembly
4-32 declares that it would not have enacted the remaining
4-33 provisions of this Act had it known that said subsection (b)
4-34 would be adjudged invalid or unconstitutional. If any other
4-35 provision of this Act, other than subsection (b) of Code
4-36 Section 16-12-144, is declared or adjudged to be invalid or
4-37 unconstitutional, such declaration shall not affect the
4-38 remaining portions of this Act, which shall remain in force
4-39 and effect as if such portion so declared or adjudged
4-40 invalid or unconstitutional were not originally part of this
4-41 Act.
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5- 1 SECTION 5.
5- 2 This Act shall become effective on July 1, 1999.
5- 3 SECTION 6.
5- 4 All laws and parts of laws in conflict with this Act are
5- 5 repealed.
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Clerk of the House
Robert E. Rivers, Jr., Clerk
Last Updated on 03/02/99
