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03 LC 30 0514
House Bill 52
By: Representatives Mills of the 67th, Post 2, Walker of the 71st, Post 1, Burmeister of the 96th and Westmoreland of the 86th
By: Representatives Mills of the 67th, Post 2, Walker of the 71st, Post 1, Burmeister of the 96th and Westmoreland of the 86th
A BILL TO BE
ENTITLED
AN ACT
AN ACT
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 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
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.
SECTION 1.
Chapter 12 of Title 16 of the Official Code of Georgia
Annotated, relating to offenses against health and morals, is amended by adding
immediately following Article 5 thereof a new article to read as follows:
"ARTICLE
5.1
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 fetus.
(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 Georgia 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.
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 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 an 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 agent shall orally inform the female that materials have been provided by the State of Georgia and that they describe the unborn child and list agencies which offer alternatives to abortion. 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 agent receives a copy of the written certification prescribed by paragraph (3) of this Code section.
16_12_153.
(a) Within 90 days after this article first becomes effective in 2001, 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 a day telephone number which may be called to obtain, orally, such a list and description of agencies in the locality of the caller and of the services they offer; and
(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 or drawings representing the development of unborn children at two_week gestational increments, provided that any such pictures or drawings 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 each such procedure and the medical risks commonly associated with carrying a child to term.
(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.
(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.
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.
Within 90 days after this article first becomes effective in 2001, 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 an 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 an 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 in 2001, 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 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) 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.
(e) 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 take care to 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.
(f) The Department of Human Resources may, by regulation, alter the dates established by subsections (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 (e) 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 felony. 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 agent is required to inform the female of her right to review them.
16_12_157.
(a) Any person 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 person 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 (e) of Code Section 16_12_155, 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 also 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."
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 fetus.
(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 Georgia 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.
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 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 an 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 agent shall orally inform the female that materials have been provided by the State of Georgia and that they describe the unborn child and list agencies which offer alternatives to abortion. 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 agent receives a copy of the written certification prescribed by paragraph (3) of this Code section.
16_12_153.
(a) Within 90 days after this article first becomes effective in 2001, 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 a day telephone number which may be called to obtain, orally, such a list and description of agencies in the locality of the caller and of the services they offer; and
(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 or drawings representing the development of unborn children at two_week gestational increments, provided that any such pictures or drawings 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 each such procedure and the medical risks commonly associated with carrying a child to term.
(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.
(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.
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.
Within 90 days after this article first becomes effective in 2001, 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 an 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 an 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 in 2001, 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 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) 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.
(e) 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 take care to 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.
(f) The Department of Human Resources may, by regulation, alter the dates established by subsections (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 (e) 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 felony. 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 agent is required to inform the female of her right to review them.
16_12_157.
(a) Any person 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 person 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 (e) of Code Section 16_12_155, 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 also 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 2.
This Act shall become effective upon its approval by the
Governor or upon its becoming law without such approval.
SECTION 3.
All laws and parts of laws in conflict with this Act are
repealed.