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
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.
