Georgia House of Representatives - 1995/1996 Sessions

HB 43 - Abortion; amend provisions

Page Numbers - 1/ 2

Code Sections - 16-12-141

1. Joyce  1st             2. Lakly  105th


House Comm: Judy       /                Senate Comm:            /                                   
House Vote: Yeas       Nays             Senate Vote: Yeas     Nays                                  
              ----------------------------------------                                              
               House          Action         Senate                                                 
              ----------------------------------------                                              
              1/9/95   Read 1st Time                                                                
              1/10/95  Read 2nd Time                                                                
              ----------------------------------------                                              
Rules Suspended to Introduce                                                                        
                                                                                                    
Code Sections amended: 16-12-141                                                                    


HB 43                                              LC 9 7938






                        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  change the provisions relating to the circumstances in which
  1- 4  abortion is legal; to repeal or change certain provisions
  1- 5  relating to the performance of abortions and the practices,
  1- 6  procedures, and requirements related thereto; to repeal
  1- 7  conflicting laws; and for other purposes.

  1- 8       BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:

                         SECTION 1.

  1- 9  Article 5 of Chapter 12 of Title 16 of the Official Code of
  1-10  Georgia Annotated, relating to abortion, is amended by
  1-11  striking Code Section 16-12-141, relating to when an
  1-12  abortion is legal and the filing of a certificate of
  1-13  abortion by the performing physician, and inserting in lieu
  1-14  thereof a new Code Section 16-12-141 to read as follows:

  1-15    "16-12-141. (Index)

  1-16    (a) Nothing in this article shall be construed to prohibit
  1-17    an abortion performed by a physician duly licensed to
  1-18    practice medicine and surgery pursuant to Chapter 34 of
  1-19    Title 43, based upon his or her best clinical judgment
  1-20    that an abortion is necessary to preserve the life of the
  1-21    woman. 

  1-22    (b) No abortion is authorized or shall be performed after
  1-23    the first trimester unless the abortion is performed in a
  1-24    licensed hospital or in a health facility licensed as an
  1-25    abortion facility by the Department of Human Resources.

  1-26    (c)(b) No abortion is authorized or shall be performed
  1-27    after the second trimester unless the physician and two
  1-28    consulting physicians certify that the abortion is
  1-29    necessary in their best clinical judgment to preserve the
  1-30    life or health of the woman. If the product of the
  1-31    abortion is capable of meaningful or sustained life,
  1-32    medical aid then available must be rendered.



                                 -1- (Index)

                                                   LC 9 7938

  2- 1    (d)(c) The performing physician shall file with the
  2- 2    commissioner of human resources within ten days after an
  2- 3    abortion procedure is performed a certificate of abortion
  2- 4    containing such statistical data as is determined by the
  2- 5    Department of Human Resources consistent with preserving
  2- 6    the privacy of the woman.  Hospital or other licensed
  2- 7    health facility records shall be available to the district
  2- 8    attorney of the judicial circuit in which the hospital or
  2- 9    health facility is located."

                         SECTION 2.

  2-10  All laws and parts of laws in conflict with this Act are
  2-11  repealed.



































                                 -2- (Index)