hb1155_LC_36_1541_a_2.html
10 LC 36 1541
House Bill 1155
By: Representatives Loudermilk of the 14th, Setzler of the 35th, Everson of the 106th, Collins of the 95th, and Talton of the 145th

A BILL TO BE ENTITLED
AN ACT


To amend Title 16 of the Official Code of Georgia Annotated, relating to crimes and offenses, so as to establish the offense of criminal solicitation of abortion; to provide a short title; to specify that the performance of an abortion based on the race, color, or sex of the unborn child or on the race or color of a parent of that child constitutes criminal abortion under certain circumstances; to provide for penalties; to provide for certain exceptions to criminal and civil liability for certain violations; to provide for notification of certain investigations and the provision of information obtained during such investigations; to provide for recovery for certain acts through a civil action; to revise the definition of racketeering activity to include certain conduct relating to unlawful abortions; to amend Title 51 of the Official Code of Georgia Annotated, relating to torts, so as to specify the recovery available in the event of an abortion performed in violation of Georgia law; to provide for the right to recover for the homicide of an unborn child; to define a certain term; to specify recovery available for the homicide of an unborn child; to provide for related matters; to provide for an effective date and applicability; to repeal conflicting laws; and for other purposes.

BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:

SECTION 1.
This Act shall be known and may be cited as the "Prenatal Nondiscrimination Act."

SECTION 2.
Title 16 of the Official Code of Georgia Annotated, relating to crimes and offenses, is amended by adding a new Code section to read as follows:
"16-4-11.
(a) A person commits the offense of criminal solicitation of abortion when that person solicits or coerces another person with the intent that an abortion be performed based in any way on account of the race, color, or sex of the unborn child or the race or color of either parent of that child.
(b) A person convicted of the offense of criminal solicitation of abortion shall be guilty of a felony and punished by imprisonment for not less than one nor more than five years and may be sentenced to pay a fine that shall not exceed the greater of $25,000.00 or three times the amount of any pecuniary value gained by such person from such violation.
(c) A pregnant woman who is the target of criminal solicitation of abortion shall not be held criminally or civilly liable for any violation of this Code section or for conspiracy to violate this Code section.
(d) Immediate notification of any criminal investigation initiated pursuant to this Code section shall be made to the Georgia Composite Medical Board, and at the conclusion of the investigation, any information obtained in such investigation shall be made available by the prosecution to the board to support an action pursuant to Code Section 43-34-8."

SECTION 3.
Said title is further amended by revising subsection (b) of Code Section 16-12-140, relating to criminal abortion, and adding two new subsections to read as follows:
"(b) A person commits the offense of criminal abortion when that person performs an abortion:
(1) With the intent to prevent an unborn child from being born based in any way on account of the race, color, or sex of the unborn child or the race or color of either parent of that child; or
(2) With the knowledge that the pregnant woman is seeking the abortion based in any way on account of the race, color, or sex of the unborn child or the race or color of either parent of that child.
(c) A person convicted of the offense of criminal abortion shall be punished by imprisonment for not less than one nor more than ten years.
(d) Any woman upon whom a criminal abortion is performed shall not be held criminally or civilly liable for any violation of this Code section or for conspiracy to violate this Code section."

SECTION 4.
Said title is further amended by revising subsection (a) of Code Section 16-12-141, relating to when abortion is legal and the filing of certificate of abortion by performing physician, as follows:
"(a) Nothing in this article shall be construed to prohibit an abortion performed by a physician duly licensed to practice medicine and surgery pursuant to Chapter 34 of Title 43, based upon his or her best clinical judgment that an abortion is necessary, except that subsection (b) of Code Section 16-12-140 is a prohibition on the circumstances under which an abortion may be performed which shall apply to both duly licensed physicians and laypersons, and Code Section 16-12-144 is a prohibition of a particular abortion method which shall apply to both duly licensed physicians and laypersons."

SECTION 5.
Said title is further amended by adding a new Code section to read as follows:
"16-12-145.
(a) Any woman upon whom an abortion is performed in violation of this article may recover in a civil action from the person who engaged in such violation all damages available to her under Georgia law for any torts.
(b) Immediate notification of any criminal investigation initiated pursuant to this article shall be made to the Georgia Composite Medical Board, and at the conclusion of the investigation, any information obtained in such investigation shall be made available by the prosecution to the board to support an action pursuant to Code Section 43-34-8."

SECTION 6.
Said title is further amended by revising subparagraph (A) of paragraph (9) of Code Section 16-14-3, relating to definitions related to racketeer influenced and corrupt organizations, by striking the "or" at the end of division (xxxix), by striking the period and inserting a semicolon at the end of division (xxxx), and by adding two new divisions to read as follows:
"(xxxxi) Code Section 16-4-11, relating to criminal solicitation of abortion; or
(xxxxii) Code Section 16-12-140, relating to criminal abortion."

SECTION 7.
Title 51 of the Official Code of Georgia Annotated, relating to torts, is amended by revising Code Section 51-1-52, which was previously redesignated, as follows:
"51-1-52.
Any woman upon whom an abortion is performed in violation of Georgia law may recover in a civil action from the person or entity which engaged in such violation all damages available to her under Georgia law for any torts."

SECTION 8.
Said title is further amended by revising Code Section 51-4-3, which is reserved, as follows:
"51-4-3.
Reserved.
(a) For purposes of this Code section, the term 'unborn child' shall have the same meaning as set forth in Code Section 16-5-28.
(b) The right to recover for the homicide of an unborn child shall be as provided in Code Section 51-4-4 and shall also include all cases in which the death of an unborn child results from any violation of Code Section 31-9A-3 or 31-9A-5.
(c) Recovery for the homicide of an unborn child shall be provided for all damages available under Georgia law for any torts committed during any such cases and for all damages as set forth in Code Section 51-4-4 with all references to 'child' therein deemed to include 'unborn child' for all civil actions brought thereunder."

SECTION 9.
This Act shall become effective upon its approval by the Governor or upon its becoming law without such approval and shall apply to conduct on and after that date.

SECTION 10.
All laws and parts of laws in conflict with this Act are repealed.