05 LC 28
2100
Senate
Bill 77
By:
Senators Unterman of the 45th, Hudgens of the 47th, Schaefer of the 50th,
Goggans of the 7th, Shafer of the 48th and others
A
BILL TO BE ENTITLED
AN ACT
AN ACT
To
amend Article 3 of Chapter 11 of Title 15 of the Official Code of Georgia
Annotated, relating to parental notification, so as to define and eliminate
certain terms; to require certain types of identification to be presented in
order for a physician to perform an abortion; to amend Chapter 12 of Title 16 of
the Official Code of Georgia Annotated, relating to offenses against health and
morals, so as to provide that all abortions must be performed in certain
facilities; to provide for certain reports by physicians; to provide for certain
forms; to provide for certain reports by the Department of Human Resources; to
provide for penalties and remedies for failure to provide such reports; to
provide for a short title; to provide for definitions; to require that a female
give her informed consent prior to an abortion; to require that certain
information be provided to or made available to a female prior to an abortion;
to require a written acknowledgment of receipt of such information; to provide
for the preparation and availability of certain information; to provide for
procedures in a medical emergency; to provide for reporting; to provide criminal
sanctions; to provide for civil actions, damages, and attorney´s fees; to
provide for anonymity of certain persons in civil actions; to provide for
related matters; to provide for severability; to provide for an effective date;
to repeal conflicting laws; and for other purposes.
BE
IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:
SECTION
1.
Article
3 of Chapter 11 of Title 15 of the Official Code of Georgia Annotated, relating
to parental notification, is amended by striking Code Section 15-11-111,
relating to definitions, and inserting in lieu thereof the
following:
"15-11-111.
As
used in this article, the term:
(1)
'Abortion' means the
intentional
termination of human pregnancy with an intention other than to produce a live
birth or to remove a dead fetus
use or
prescription of any instrument, medicine, drug, or any other substance or device
intentionally to terminate the pregnancy of a female known to be pregnant with
an intention other than to increase the probability of a live birth, to preserve
the life or health of the child after live birth, or to remove a dead unborn
child who died as a result of a spontaneous
abortion.
(2)
'Proper identification' means any document issued by a governmental agency
containing a description of the person, the person´s photograph, or both,
including, but not limited to, a driver´s license, an identification card
authorized under Code Sections 40-5-100 through 40-5-104 or similar
identification card issued by another state, a military identification card, a
passport, or an appropriate work authorization issued by the United States
Immigration and Naturalization Service.
(2)(3)
'Unemancipated minor' means any person under the age of 18 who is not or has not
been married or who is under the care, custody, and control of such
person´s parent or parents, guardian,
person
standing in loco parentis, or the juvenile
court of competent
jurisdiction."
SECTION
2.
Said
article is further amended by striking Code Section 15-11-112, relating to the
notice of an abortion for an unemancipated minor, and inserting in lieu thereof
the following:
"(a)
No physician or other person shall perform an abortion upon an unemancipated
minor under the age of 18 years unless:
(1)(A)
The minor seeking an abortion shall
furnish a
statement, signed
be accompanied
by a
parent,
or
guardian,
or person standing in loco parentis and such minor,
stating
who shall show
proper identification and state that such
parent,
or
guardian,
or person standing in loco parentis is the
lawful parent or guardian of such
minor, or
is the person standing in loco parentis of such
minor, and that such
parent,
or
guardian,
or person standing in loco parentis has
been notified that an abortion is to be performed on such minor;
or
(B)
The physician or an agent gives at least 24 hours´ actual notice, in person
or by telephone, to a
parent,
or
guardian,
or person standing in loco parentis of the
minor, of the pending abortion and the
name and address of the place where the abortion is to be performed; provided,
however, that, if the person so notified indicates that he or she has been
previously informed that the minor was seeking an abortion or if the person so
notified has not been previously informed and he or she clearly expresses that
he or she does not wish to consult with the minor, then in either event the
abortion may proceed immediately; or
(C)
The physician or an agent gives written notice of the pending abortion and the
address of the place where the abortion is to be performed, sent by regular
mail, addressed to a
parent,
or
guardian,
or person standing in loco parentis of the
minor at the usual place of abode of the
parent,
or
guardian,
or person standing in loco parentis.
Unless proof of delivery is otherwise sooner established, such notice shall be
deemed delivered 48 hours after mailing. The time of mailing shall be recorded
by the physician or agent in the minor´s file. The abortion may be
performed 24 hours after the delivery of the notice; provided, however, that, if
the person so notified
indicates
certifies in
writing that he or she has been previously
informed that the minor was seeking an abortion or if the person so notified has
not been previously informed and he or she
clearly
expresses
certifies in
writing that he or she does not wish to
consult with the minor, then in either event the abortion may proceed
immediately; and
(2)
The minor signs a consent form stating that she consents, freely and without
coercion, to the abortion.
(b)
If the unemancipated minor or the physician or an agent, as the case may be,
elects not to comply with any one of the notification requirements of
subparagraph (a)(1)(A), (a)(1)(B), or (a)(1)(C) of this Code section, or if the
parent,
or
legal
guardian,
or person standing in loco parentis of
such
the
minor cannot be located,
such
the
minor may petition, on
such
the
minor´s own behalf or by next friend, any juvenile court in the state for a
waiver of such requirement pursuant to the procedures provided for in Code
Section 15-11-114.
Such
The
juvenile court shall assist the minor or next friend in preparing the petition
and notices required pursuant to this Code section. Venue shall be lawful in
any county, notwithstanding Code Section
15-11-29."
SECTION
3.
Said
article is further amended by striking subsection (c) of Code Section 15-11-114,
relating to the conduct of the hearing and appeal, and inserting in lieu thereof
the following:
"(c)
The notification requirement of subparagraph (a)(1)(A), (a)(1)(B), or (a)(1)(C)
of Code Section 15-11-112 shall be waived if the court finds
either:
(1)
That the unemancipated minor is mature enough and well enough informed to make
the abortion decision in consultation with her physician, independently of the
wishes of such minor´s
parent,
or
guardian,
or person standing in loco parentis;
or
(2)
That the notice to a parent or, if the minor is subject to guardianship, the
legal guardian
or person
standing in loco parentis pursuant to Code
Section 15-11-112 would not be in the best interests of the
minor."
SECTION
4.
Chapter
12 of Title 16 of the Official Code of Georgia Annotated, relating to offenses
against health and morals, is amended by striking subsection (b) of Code Section
16-12-141, relating to when abortion is legal, and inserting in lieu thereof a
new subsection (b) to read as follows:
"(b)
No abortion is authorized or shall be performed
after the
first trimester unless the abortion is
performed in a licensed
hospital, in a
licensed ambulatory surgical center, or in
a health facility licensed as an abortion facility by the Department of Human
Resources."
SECTION
5.
Said
chapter is further amended in Code Section 16-12-141.1, relating to disposal of
aborted fetuses and reports, by adding new subsections (c), (d), (e), (f), (g),
(h), (i), and (j) to read as follows:
"(c)
Within 90 days after the effective date of this subsection, the Department of
Human Resources shall prepare a reporting form for physicians which shall
include:
(1)
The number of females whose parent or guardian was provided the notice required
in paragraph (1) of subsection (a) of Code Section 15-11-112 by the physician or
such physician´s agent; of that number, the number of notices provided
personally under subparagraphs (a)(1)(A) and (a)(1)(B) of Code Section 15-11-112
and the number of notices provided by mail under subparagraph (a)(1)(C) of Code
Section 15-11-112; and, of each of those numbers, the number of females who, to
the best of the reporting physician´s information and belief, went on to
obtain the abortion;
(2)
The number of females upon whom the physician performed an abortion without
providing to the parent or guardian of a minor the notice required by subsection
(a) of Code Section 15-11-112; of that number, the number who were emancipated
minors; and the number of females for which subsection (b) of Code Section
15-11-112 and Code Section 15-11-116 were applicable;
(3)
The number of abortions performed upon a female by the physician after receiving
judicial authorization to do so without parental notification; and
(4)
The same information described in paragraphs (1), (2), and (3) of this
subsection with respect to females for whom a guardian or conservator has been
appointed.
(d)
The Department of Human Resources shall ensure that copies of the reporting
forms described in subsection (c) of this Code section, together with a reprint
of this Code section, are provided:
(1)
Within 120 days after the effective date of this subsection, to all physicians
licensed to practice in this state;
(2)
To each physician who subsequently becomes newly licensed to practice medicine
in this state at the same time as official notification to that physician that
the physician is so licensed; and
(3)
By December 1 of every year, other than the calendar year in which forms are
distributed in accordance with paragraph (1) of this subsection, to all
physicians licensed to practice in this state.
(e)
By February 28 of each year following a calendar year in any part of which this
subsection was in effect, each physician who provided, or whose agent provided,
the notice described in subsection (a) of Code Section 15-11-112 and any
physician who knowingly performed an abortion upon a female or upon a female for
whom a guardian or conservator had been appointed because of a finding of
incompetency during the previous calendar year shall submit to the Department of
Human Resources a copy of the form described in subsection (c) of this Code
section with the requested data entered accurately and completely.
(f)
Reports that are submitted more than 30 days following the due date shall be
subject to a late fee of $500.00 for each additional 30 day period or portion of
a 30 day period in which they remain overdue. Any physician required to report
in accordance with this Code section who fails to submit a report, or submits
only an incomplete report, for more than one year following the due date, may,
in an action brought by the Department of Human Resources, be directed by a
court of competent jurisdiction to submit a complete report within a period
stated by court order or be subject to sanctions for civil contempt.
(g)
By June 30 of each year, the Department of Human Resources shall issue a public
report providing statistics for the previous calendar year compiled from all the
reports covering that year submitted in accordance with this Code section for
each of the items listed in subsection (c) of this Code section. The report
shall also include statistics which shall be obtained by the Administrative
Office of the Courts giving the total number of petitions or motions filed under
subsection (b) of Code Section 15-11-112 and, of that number, the number in
which the court appointed a guardian ad litem, the number in which the court
appointed counsel, the number in which the judge issued an order authorizing an
abortion without notification, the number in which the judge denied such an
order, and, of the last, the number of denials from which an appeal was filed,
the number of such appeals that resulted in the denials being affirmed, and the
number of such appeals that resulted in reversals of such denials. Each report
shall also provide the statistics for all previous calendar years for which such
a public statistical report was required to be issued, adjusted to reflect any
additional information from late or corrected reports. The Department of Human
Resources shall take care to ensure that none of the information included in the
public reports could reasonably lead to the identification of any individual
female or of any female for whom a guardian or conservator has been
appointed.
(h)
The Department of Human Resources may by regulation alter the dates established
by paragraph (3) of subsection (d) and subsections (e) and (g) of this Code
section or consolidate the forms or reports to achieve administrative
convenience or fiscal savings or to reduce the burden of reporting requirements
so long as reporting forms are sent to all licensed physicians in the state at
least once every year and the report described in subsection (g) of this Code
section is issued at least once each year.
(i)
If the Department of Human Resources fails to issue the public report required
by subsection (g) of this Code section, any group of ten or more citizens of
this state may seek injunction relief or a writ of mandamus in a court of
competent jurisdiction against the commissioner of the Department of Human
Resources requiring that a complete report be issued within a period stated by
court order. Failure to abide by such an injunction shall subject the
commissioner to sanctions for civil contempt.
(j)
If judgment is rendered in favor of the plaintiffs in any action described in
this Code section, the court shall also render judgment for reasonable
attorney´s fees in favor of the plaintiffs against the defendant. If
judgment is rendered in favor of the defendant and the court finds that the
plaintiffs´ suit was frivolous and brought in bad faith, the court shall
also render judgment for reasonable attorney´s fees in favor of the
defendant against the
plaintiffs."
SECTION
6.
Said
chapter is further amended by adding immediately following Article 5 thereof a
new article to read as follows:
"ARTICLE
5A
16-12-150.
This
article shall be known and may be cited as the 'Woman´s Right to Know
Act.'
16-12-151.
As
used in this article, the term:
(1)
'Abortion' means the use or prescription of any instrument, medicine, drug, or
any other substance or device intentionally to terminate the pregnancy of a
female known to be pregnant with an intention other than to increase the
probability of a live birth, to preserve the life or health of the child after
live birth, or to remove a dead unborn child who died as the result of a
spontaneous abortion.
(2)
'Attempt to perform an abortion' means an act, or an omission of a statutorily
required act, that, under the circumstances as the actor believes them to be,
constitutes a substantial step in a course of conduct planned to culminate in
the performance of an abortion in this state in violation of this
article.
(3)
'Medical emergency' means any condition which, on the basis of the
physician´s good faith clinical judgment, so complicates the medical
condition of a pregnant female as to necessitate the immediate abortion of her
pregnancy to avert her death or for which a delay will create serious risk of
substantial and irreversible impairment of a major bodily function.
(4)
'Physician' means a person licensed to practice medicine under Article 2 of
Chapter 34 of Title 43.
(5)
'Probable gestational age of the unborn child' means what, in the judgment of
the physician, will with reasonable probability be the gestational age of the
unborn child at the time the abortion is planned to be performed.
(6)
'Qualified agent' means the agent of the physician who is a licensed
psychologist, licensed social worker, licensed professional counselor, licensed
physician´s assistant, registered nurse, or physician.
(7)
'Secure Internet website' means a website that, to the extent reasonably
practicable, is safeguarded from having its content altered other than by the
commissioner of human resources.
(8)
'Unborn child' means a member of the species homo sapiens from fertilization
until birth.
16-12-152.
No
abortion shall be performed in this state except with the voluntary and informed
consent of the female upon whom the abortion is to be performed. Except in the
case of a medical emergency, consent to an abortion is voluntary and informed if
and only if:
(1)
The female is told the following, by telephone or in person, by the physician
who is to perform the abortion or by a referring physician, at least 24 hours
before the abortion:
(A)
The name of the physician who will perform the abortion;
(B)
The particular medical risks associated with the particular abortion procedure
to be employed, including, when medically accurate, the risks of infection,
hemorrhage, breast cancer, danger to subsequent pregnancies, and
infertility;
(C)
The probable gestational age of the unborn child at the time the abortion is to
be performed; and
(D)
The medical risks associated with carrying her child to term.
The
information required by this paragraph may be provided by telephone without
conducting a physical examination or tests of the patient, in which case the
information required to be provided may be based on facts supplied to the
physician by the female and whatever other relevant information is reasonably
available to the physician. Such information may not be provided by a tape
recording but must be provided during a consultation in which the physician is
able to ask questions of the female and the female is able to ask questions of
the physician. If a physical examination, tests, or the availability of other
information to the physician subsequently indicates, in the medical judgment of
the physician, a revision of the information previously supplied to the patient,
that revised information may be communicated to the patient at any time prior to
the performance of the abortion. Nothing in this Code section may be construed
to preclude provision of required information in a language understood by the
patient through a translator;
(2)
The female is informed, by telephone or in person, by the physician who is to
perform the abortion, by a referring physician, or by a qualified agent of
either physician at least 24 hours before the abortion:
(A)
That medical assistance benefits may be available for prenatal care, childbirth,
and neonatal care;
(B)
That the father is liable to assist in the support of her child, even in
instances in which the father has offered to pay for the abortion;
and
(C)
That she has the right to review the printed materials described in Code Section
16-12-153, that these materials are available on a state sponsored website, and
what the website address is. The physician or the physician´s qualified
agent shall orally inform the female that materials have been provided by the
State of Georgia and that they describe the unborn child, list agencies that
offer alternatives to abortion, and contain information on fetal pain. If the
female chooses to view the materials other than on the website, they shall
either be given to her at least 24 hours before the abortion or mailed to her at
least 72 hours before the abortion by certified mail, restricted delivery to
addressee, which means the postal employee can only deliver the mail to the
addressee.
The
information required by this paragraph may be provided by a tape recording if
provision is made to record or otherwise register specifically whether the
female does or does not choose to review the printed materials other than on the
website;
(3)
The female certifies in writing, prior to the abortion, that the information
described in paragraphs (1) and (2) of this Code section has been furnished her
and that she has been informed of her opportunity to review the information
referred to in subparagraph (C) of paragraph (2) of this Code section;
and
(4)
Prior to the performance of the abortion, the physician who is to perform the
abortion or the physician´s qualified agent receives a copy of the written
certification prescribed by paragraph (3) of this Code section and retains it on
file with the female´s medical record for at least three years following
the date of receipt.
16-12-153.
(a)
Within 90 days after this article first becomes effective, the Department of
Human Resources shall cause to be published in English and in each language
which is the primary language of 2 percent or more of the state´s
population and shall cause to be available on the state website provided for in
subsection (d) of this Code section the following printed materials in such a
way as to ensure that the information is easily comprehensible:
(1)
Geographically indexed materials designed to inform the female of public and
private agencies and services available to assist a female through pregnancy,
upon childbirth, and while the child is dependent, including adoption agencies,
which shall include a comprehensive list of the agencies available, a
description of the services they offer, and a description of the manner,
including telephone numbers, in which they might be contacted or, at the option
of such department, printed materials including a toll-free, 24 hour telephone
number which may be called to obtain, orally or by a tape recorded message
tailored to the ZIP Code entered by the caller, such a list and description of
agencies in the locality of the caller and of the services they
offer;
(2)
Materials designed to inform the female of the probable anatomical and
physiological characteristics of the unborn child at two-week gestational
increments from the time when a female can be known to be pregnant to full term,
including any relevant information on the possibility of the unborn child´s
survival and pictures representing the development of unborn children at
two-week gestational increments, provided that any such pictures must contain
the dimensions of the fetus and must be realistic and appropriate for the stage
of pregnancy depicted. The materials shall be objective, nonjudgmental, and
designed to convey only accurate scientific information about the unborn child
at the various gestational ages. The material shall also contain objective
information describing the methods of abortion procedures commonly employed, the
medical risks commonly associated with each such procedure, the possible
detrimental psychological effects of abortion, and the medical risks commonly
associated with carrying a child to term; and
(3)
Materials with the following statement concerning unborn children of 20
weeks´ or more gestational age:
'By
20 weeks´ gestation, the unborn child has the physical structures necessary
to experience pain. There is evidence that by 20 weeks´ gestation unborn
children seek to evade certain stimuli in a manner which in an infant or an
adult would be interpreted to be a response to pain. Anesthesia is routinely
administered to unborn children who are 20 weeks´ gestational age or older
who undergo prenatal surgery.'
The
materials shall be objective, nonjudgmental, and designed to convey only
accurate scientific information about the human fetus at the various gestational
ages.
(b)
The materials referred to in subsection (a) of this Code section shall be
printed in a typeface large enough to be clearly legible. The website provided
for in subsection (d) of this Code section shall be maintained at a minimum
resolution of 72 pixels per inch. All pictures appearing on the website shall
be a minimum of 11 point type. All information and pictures shall be accessible
with an industry standard browser, requiring no additional
plug-ins.
(c)
The materials required under this Code section shall be available at no cost
from the Department of Human Resources upon request and in appropriate number to
any person, facility, or hospital.
(d)
The Department of Human Resources shall develop and maintain a secure Internet
website to provide the information described in this Code section. No
information regarding who uses the website shall be collected or maintained.
The Department of Human Resources shall monitor the website on a weekly basis to
prevent and correct tampering.
16-12-154.
When
a medical emergency compels the performance of an abortion, the physician shall
inform the female, prior to the abortion if possible, of the medical indications
supporting the physician´s judgment that an abortion is necessary to avert
her death or that a 24 hour delay will create serious risk of substantial and
irreversible impairment of a major bodily function.
16-12-155.
(a)
Within 90 days after this article first becomes effective, the Department of
Human Resources shall prepare a reporting form for physicians containing a
reprint of this article and listing:
(1)
The number of females to whom the physician provided the information described
in paragraph (1) of Code Section 16-12-152; of that number, the number to whom
such information was provided by telephone and the number to whom such
information was provided in person; and of each of those numbers, the number to
whom such information was provided by a referring physician and the number to
whom such information was provided by a physician who is to perform the
abortion;
(2)
The number of females to whom the physician or a qualified agent of the
physician provided the information described in paragraph (2) of Code Section
16-12-152; of that number, the number to whom such information was provided by
telephone and the number to whom such information was provided in person; of
each of those numbers, the number to whom such information was provided by a
referring physician and the number to whom such information was provided by a
physician who is to perform the abortion; and of each of those numbers, the
number to whom such information was provided by the physician and the number to
whom such information was provided by a qualified agent of the
physician;
(3)
The number of females who availed themselves of the opportunity to obtain a copy
of the printed information described in Code Section 16-12-153, other than on
the website, and the number who did not; and of each of those numbers, the
number who, to the best of the reporting physician´s information and
belief, went on to obtain the abortion; and
(4)
The number of abortions performed by the physician in which information
otherwise required to be provided at least 24 hours before the abortion was not
so provided because an immediate abortion was necessary to avert the
female´s death and the number of abortions in which such information was
not so provided because a delay would create serious risk of substantial and
irreversible impairment of a major bodily function.
(b)
The Department of Human Resources shall ensure that copies of the reporting
forms described in subsection (a) of this Code section are
provided:
(1)
Within 120 days after this article first becomes effective, to all physicians
licensed to practice in this state;
(2)
To each physician who subsequently becomes newly licensed to practice in this
state, at the same time as official notification to that physician that the
physician is so licensed; and
(3)
By December 1 of each year, other than the calendar year in which forms are
distributed in accordance with paragraph (1) of this subsection, to all
physicians licensed to practice in this state.
(c)
By February 28 of each year following a calendar year in any part of which this
article was in effect, each physician who provided, or whose qualified agent
provided, information to one or more females in accordance with Code Section
16-12-152 during the previous calendar year shall submit to the Department of
Human Resources a copy of the form described in subsection (a) of this Code
section with the requested data entered accurately and completely.
(d)
Nothing in this Code section shall be construed to preclude the voluntary or
required submission of other reports or forms regarding abortions.
(e)
Reports that are not submitted within a grace period of 30 days following the
due date shall be subject to a late fee of $500.00 for each additional 30 day
period or portion of a 30 day period such reports are overdue. Any physician
required to submit a report in accordance with this Code section who has not
submitted such report or has submitted only an incomplete report or has
submitted such report more than one year following the due date may, in an
action brought by the Department of Human Resources, be directed by a court of
competent jurisdiction to submit a complete report within a period stated by
court order or may be subject to sanctions for civil contempt.
(f)
By June 30 of each year, the Department of Human Resources shall issue a public
report providing statistics for the previous calendar year compiled from all of
the reports covering that year submitted in accordance with this Code section
for each of the items listed in subsection (a) of this Code section. Each such
report shall also provide the statistics for all previous calendar years
adjusted to reflect any additional information from late or corrected reports.
The Department of Human Resources shall ensure that none of the information
included in the public reports could reasonably lead to the identification of
any individual provided information in accordance with Code Section 16-12-152 or
16-12-153.
(g)
The Department of Human Resources may, by regulation, alter the dates
established by subsection (c) or (e) of this Code section or paragraph (3) of
subsection (b) of this Code section or may consolidate the forms or reports
described in this Code section with other forms or reports to achieve
administrative convenience or fiscal savings or to reduce the burden of
reporting requirements, so long as reporting forms are sent to all licensed
physicians in the state at least once every year and the report described in
subsection (f) of this Code section is issued at least once every
year.
16-12-156.
Any
person who knowingly or recklessly performs or attempts to perform an abortion
in violation of this article shall be guilty of a misdemeanor. Any physician
who knowingly or recklessly submits a false report under subsection (c) of Code
Section 16-12-155 shall be guilty of a misdemeanor. No penalty may be assessed
against the female upon whom the abortion is performed or attempted to be
performed. No penalty or civil liability may be assessed for failure to comply
with subparagraph (C) of paragraph (2) of Code Section 16-12-152 or that portion
of paragraph (3) of Code Section 16-12-152 requiring a written certification
that the female has been informed of her opportunity to review the information
referred to in subparagraph (C) of paragraph (2) of Code Section 16-12-152
unless the Department of Human Resources has made the printed materials
available at the time the physician or the physician´s qualified agent is
required to inform the female of her right to review them.
16-12-157.
(a)
Any female upon whom an abortion has been performed without complying with this
article, the father of the unborn child who was the subject of such an abortion,
or the grandparent of such an unborn child may maintain an action against the
person who performed the abortion in knowing or reckless violation of this
article for actual and punitive damages. Any female upon whom an abortion has
been attempted without complying with this article may maintain an action
against the person who attempted to perform the abortion in knowing or reckless
violation of this article for actual and punitive damages.
(b)
If the Department of Human Resources fails to issue the public report required
by subsection (f) of Code Section 16-12-155, or fails in any way to enforce the
provisions of this article, any group of ten or more citizens of this state may
seek an injunction in a court of competent jurisdiction against the commissioner
of human resources requiring that a complete report be issued within a period of
time stated by court order. Failure to abide by such an injunction shall
subject the commissioner to sanctions for civil contempt.
(c)
If judgment is rendered in favor of the plaintiff in any action described in
this Code section, the court shall also render judgment for a reasonable
attorney´s fee in favor of the plaintiff against the defendant. If
judgment is rendered in favor of the defendant and the court finds that the
plaintiff´s suit was frivolous and brought in bad faith, the court shall
render judgment for a reasonable attorney´s fee in favor of the defendant
against the plaintiff.
16-12-158.
In
every civil or criminal proceeding or action brought under this article, the
court shall rule whether the anonymity of any female upon whom an abortion has
been performed or attempted shall be preserved from public disclosure if she
does not give her consent to such disclosure. The court, upon motion or sua
sponte, shall make such a ruling and, upon determining that her anonymity should
be preserved, shall issue orders to the parties, witnesses, and counsel and
shall direct the sealing of the record and exclusion of individuals from
courtrooms or hearing rooms to the extent necessary to safeguard her identity
from public disclosure. Each such order shall be accompanied by specific
written findings explaining why the anonymity of the female should be preserved
from public disclosure, why the order is essential to that end, how the order is
narrowly tailored to serve that interest, and why no reasonable less restrictive
alternative exists. In the absence of written consent of the female upon whom
an abortion has been performed or attempted, anyone, other than a public
official, who brings an action under subsection (a) of Code Section 16-12-157
shall do so under a pseudonym. This Code section may not be construed to
conceal the identity of the plaintiff or of witnesses from the
defendant.
16-12-159.
If
any one or more provisions, Code sections, subsections, sentences, clauses,
phrases, or words of this article or the application thereof to any person or
circumstance is found to be unconstitutional, the same is declared to be
severable, and the balance of this article shall remain effective
notwithstanding such unconstitutionality. The General Assembly declares that it
would have enacted this article and each Code section, subsection, sentence,
clause, phrase, or word thereof irrespective of the fact that any one or more
provisions, Code sections, subsections, sentences, clauses, phrases, or words
would be declared
unconstitutional."
SECTION
7.
This
Act shall become effective upon its approval by the Governor or upon its
becoming law without such approval.
SECTION
8.
All
laws and parts of laws in conflict with this Act are repealed.