Hall of the House of Representatives 87th General Assembly - Regular Session, 2009 Amendment Form

Similar documents
A Bill Regular Session, 2009 HOUSE BILL 1113

Public Law th Congress An Act

H 5114 S T A T E O F R H O D E I S L A N D

ASSEMBLY, No STATE OF NEW JERSEY. 217th LEGISLATURE PRE-FILED FOR INTRODUCTION IN THE 2016 SESSION

GENERAL ASSEMBLY OF NORTH CAROLINA SESSION 2013 S 3 SENATE BILL 353 Second Edition Engrossed 4/8/13 House Committee Substitute Favorable 7/10/13

H 7340 S T A T E O F R H O D E I S L A N D

H 5488 S T A T E O F R H O D E I S L A N D

UNITED STATES DISTRICT COURT SOUTHERN DISTRICT OF NEW YORK

Hall of the House of Representatives 87th General Assembly - Regular Session, 2009 Amendment Form

3 By Representatives Weaver, Mooney, Nordgren, Fridy, Harper, 4 Lee, Wood, Johnson (K), Collins, Boothe, Martin, Ball,

PARENTAL CONSENT FOR ABORTION ACT

A Bill Regular Session, 2017 SENATE BILL 601

Roe v. Wade (1973) Argued: December 13, 1971 Reargued: October 11, 1972 Decided: January 22, Background

Transition to the Criminal Injuries Compensation Act of This chapter may be cited as the "Criminal Injuries Compensation Act.

Substitute for HOUSE BILL No. 2159

As Engrossed: S3/25/03. For An Act To Be Entitled AN ACT TO ENHANCE ENFORCEMENT OF ARKANSAS CODE AND ; AND FOR OTHER PURPOSES.

A Bill Regular Session, 2017 HOUSE BILL 1417

Professional Engineers Act Amended

A Bill Regular Session, 2015 SENATE BILL 476

For An Act To Be Entitled

10 A BILL to amend and reenact , , , , , , , , ,

- elect annually one of its members as chairman, and shall also elect annually a secretary,

A Bill Regular Session, 2017 HOUSE BILL 1312

NC General Statutes - Chapter 93D 1

A Bill Regular Session, 2017 SENATE BILL 506

IC Chapter 1.3. Security Guard Agency Licensing

A Bill Regular Session, 2017 HOUSE BILL 1929

208.4 Inquiry Panel Review. applicant has established that he or she possesses the character and fitness necessary to practice law in

Statutes Amendment (Gender Identity and Equity) Bill 2015

IC Chapter 9. Health Professions Standards of Practice

UNDERSTANDING THE ILLINOIS PARENTAL NOTICE OF ABORTION ACT OF 1995

A Bill Regular Session, 2017 SENATE BILL 294

A Bill Regular Session, 2019 HOUSE BILL 1489

A Bill Regular Session, 2017 HOUSE BILL 1551

A Bill Regular Session, 2017 SENATE BILL 633

ARKANSAS ADULT ABUSE ACT Definitions. As used in this chapter, unless the context otherwise requires:

A Bill Regular Session, 2009 HOUSE BILL 1353

IC Chapter 5. Operating a Vehicle While Intoxicated

Social Workers Act CHAPTER 12 OF THE ACTS OF as amended by. 2001, c. 19; 2005, c. 60; 2012, c. 48, s. 40; 2015, c. 52

A Bill Regular Session, 2011 HOUSE BILL 2021

Private Investigator and Security Guard Licensing Board

A Bill Regular Session, 2017 HOUSE BILL 1051

IC ARTICLE 30. PRIVATE INVESTIGATOR FIRMS, SECURITY GUARDS, AND POLYGRAPH EXAMINERS. IC Chapter 1. Private Investigator Firm Licensing

RULES OF TENNESSEE PRIVATE PROBATION SERVICES COUNCIL CHAPTER RULES OF PROFESSIONAL CONDUCT TABLE OF CONTENTS

ORDINANCE NO

STATE OF OKLAHOMA. 1st Session of the 57th Legislature (2019) AS INTRODUCED

CAUSE NO. MELANIE MENDOZA, IN THE DISTRICT COURT OF Plaintiff, VS. HARRIS COUNTY, TEXAS

1999 Oregon Laws, Chapter Oregon Laws, Chapter 547 Athletic Trainers

PLANNED PARENTHOOD FEDERATION OF AMERICA, INC. v. GONZALES

MIDWIFERY. The Midwifery Act. being

NC General Statutes - Chapter 74E 1

A Bill Regular Session, 2013 SENATE BILL 914

A Bill Regular Session, 2015 HOUSE BILL 1953

IC Chapter 5. Regulated Lifting Devices

A Bill Regular Session, 2013 HOUSE BILL 1414

A Bill Regular Session, 2017 SENATE BILL 255

A Bill Regular Session, 2017 SENATE BILL 42

THE DEFUNDING THE ABORTION INDUSTRY AND ADVANCING WOMEN S HEALTH ACT OF 2012

"AN ACT RELATING TO THE COMMITMENT OF INSANITY ACQUITTEES; AND FOR OTHER PURPOSES." BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF ARKANSAS:

ALABAMA BOARD OF MEDICAL EXAMINERS ADMINISTRATIVE CODE CHAPTER 540 X 12 QUALIFIED ALABAMA CONTROLLED SUBSTANCES REGISTRATION CERTIFICATE (QACSC)

H 7502 SUBSTITUTE A ======== LC004302/SUB A ======== S T A T E O F R H O D E I S L A N D

MISSISSIPPI LEGISLATURE REGULAR SESSION 2016

REVISED UNIFORM ATHLETE AGENTS ACT (2015)*

The Social Workers Act

NC General Statutes - Chapter 15A Article 46 1

1 HB By Representative Williams (JD) 4 RFD: Judiciary. 5 First Read: 11-MAR-15. Page 0

A Bill Regular Session, 2015 HOUSE BILL 1684

New Mexico Medicaid False Claims Act

Title 4: JUDICIARY. Chapter 19: NOTARIES PUBLIC. Table of Contents

The Psychologists Act, 1997

SENATE BILL 1070 AN ACT

A Bill Regular Session, 2017 HOUSE BILL 1026

ROCKFORD CITY CODE. 100 General Provisions City Code

A Bill Regular Session, 2019 HOUSE BILL 1967

Texas Medicaid Fraud Prevention Act

A Bill Regular Session, 2013 HOUSE BILL 2078

(131st General Assembly) (Substitute Senate Bill Number 127) AN ACT

ENGROSSED HOUSE BILL State of Washington 62nd Legislature 2011 Regular Session

IC Chapter 3. State Board of Cosmetology and Barber Examiners

GENERAL ASSEMBLY OF NORTH CAROLINA SESSION 2005 SESSION LAW SENATE BILL 1059 AN ACT AUTHORIZING THE LICENSURE OF PERFUSIONISTS.

State of Oklahoma Athlete Agent Laws

Legal Definitions: A B C D E F G H I J K L M N O P Q R S T U V W X Y Z A

A Bill. For An Act To Be Entitled. Subtitle. SECTION 1. Short Title. This act shall be known as the "Arkansas Acupuncture Practices Act.

AN ACT. Relating to the practice of psychology, providing for licensing of psychologists, making certain acts illegal and providing penalties.

The Medical Profession Act, 1981

ARTICLE IV. AUCTIONS, SPECIAL SALES AND SOLICITATIONS * Division 1. Door-to-Door Solicitation

IC Chapter 1.1. Indiana Occupational Safety and Health Act (IOSHA)

Board -- Establishment and appointment -- Terms -- Officers -- Meetings -- Reimbursement.

Public Accountants Act

TITLE XXX OCCUPATIONS AND PROFESSIONS

ARKANSAS SENATE 91st General Assembly - Regular Session, 2017 Amendment Form

A Bill Regular Session, 2011 SENATE BILL 254

CHAPTER 36. MEDICAID FRAUD PREVENTION SUBCHAPTER A. GENERAL PROVISIONS

A Bill Regular Session, 2013 HOUSE BILL 1566

NEW YORK. New York Correction Law Article Discretionary Relief From Forfeitures and Disabilities Automatically Imposed By Law

7A-304. Costs in criminal actions.

Michigan Medicaid False Claims Act

Illinois Surgical Assistant Law

Alabama License Law Article 2

ARTICLE XIV PAIN MANAGEMENT CLINICS AND CASH ONLY PHARMACIES

Transcription:

Hall of the House of Representatives 87th General Assembly - Regular Session, 2009 Amendment Form * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * Subtitle of House Bill No. 1113 "THE PARTIAL-BIRTH ABORTION BAN ACT." * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * Amendment No. 2 to House Bill No. 1113. Amend House Bill No. 1113 as engrossed, H2/3/09 (version: 02-03-2009 10:18): Add Representatives Adcock, Maloch, and Dale as cosponsors of the bill AND Delete everything after the ENACTING clause and substitute the following: "SECTION 1. Arkansas Code Title 20, Chapter 16 is amended to add an additional subchapter to read as follows: 20-16-1201. Title. This subchapter shall be known and may be cited as the "Partial-Birth Abortion Ban Act". 20-16-1202. Definitions. As used in this subchapter: (1) "Partial-birth abortion" means an abortion in which the person performing the abortion: (A) Purposely vaginally delivers a living human fetus until, in the case of a head-first presentation, the entire fetal head is outside the body of the female or, in the case of breech presentation, any part of the fetal trunk past the navel is outside the body of the female, for the purpose of performing an overt act that the person knows will kill the partially delivered living human fetus; and (B) Performs the overt act, other than completion of delivery of a living human fetus, that kills the partially delivered living human fetus; and (2)(A) "Physician" means a doctor of medicine or osteopathy legally authorized to practice medicine and surgery in this state, or any other individual legally authorized by the state to perform abortions. (B) However, any individual who is not a physician or not otherwise legally authorized by the state to perform abortions, but who nevertheless directly performs a partial-birth abortion, is subject to this subchapter. 20-16-1203. Partial-birth abortions prohibited Penalty Exception. *.MGF140* MGF140-02-10-2009 07:39 1 of 5

(a)(1) Any person who knowingly performs a partial-birth abortion and thereby kills a human fetus is guilty of a Class D felony. (2) This subsection (a) does not apply to a partial-birth abortion that is necessary to save the life of a mother whose life is endangered by a physical disorder, physical illness, or physical injury, including a life-endangering physical condition caused by or arising from the pregnancy itself. (b) A female upon whom a partial-birth abortion is performed shall not be prosecuted under this subchapter. 20-16-1204. License suspension or revocation and fines. (a)(1) After proper notice and an opportunity to be heard, the Arkansas State Medical Board may assess a civil fine against a physician who violates this subchapter. (2) The civil fine shall not exceed: (A) Twenty-five thousand dollars ($25,000) for the first violation; (B) Fifty thousand dollars ($50,000) for the second violation; (C) One hundred thousand dollars ($100,000) for the third violation; and (D) For each subsequent violation, any amount over one hundred thousand dollars ($100,000) sufficient to deter future violations. (b) The board may suspend or revoke the physician's license in accordance with procedures established under 17-95-410. (c)(1) All fines assessed and collected under this section shall be remitted into the Treasurer of State. (2) The Treasurer of State shall deposit the entire amount of any fines collected under this section in the State Treasury as general revenues. (d) The civil fine assessed under this section is in addition to the criminal penalty imposed under 20-16-1203. 20-16-1205. Civil Liability. (a) The father, if married to the mother at the time she receives a partial-birth abortion procedure, and if the mother has not attained the age of eighteen (18) years at the time of the abortion, the maternal grandparents of the fetus, may obtain appropriate relief in a civil action, unless the pregnancy resulted from the plaintiff s criminal conduct or the plaintiff consented to the abortion. (b) Relief under subsection (a) of this section shall include: (1) Money damages for all injuries, psychological and physical, occasioned by the violation of this section: and (2) Statutory damages equal to three (3) times the cost of the partial-birth abortion. (c) Damages shall not be assessed against the female upon whom a partial-birth abortion is performed. 20-16-1206. Hearings before the Arkansas State Medical Board. (a) A physician accused of a violation of this subchapter may seek a hearing before the Arkansas State Medical Board to determine whether the physician's conduct was necessary to save the life of the female under 20- MGF140-02-10-2009 07:39 House Amendment No. to House Bill No. 1113 2 of 5

16-1203. (b) Findings from a hearing held under subsection (a) of this section are admissible at the trial of the physician on the issue of whether the physician's conduct was necessary to save the life of the female under 20-16-1203. (c) Upon a motion of the physician, the circuit court shall delay the beginning of the trial for not more than ninety (90) days to permit a hearing under subsection (a) of this section to take place. 20-16-1207. Provision for anonymity of female. (a) In every proceeding or action under this subchapter, the circuit court shall rule whether the anonymity of any female upon whom a partialbirth abortion is performed should be preserved from public disclosure if the female does not give her consent to the disclosure. (b)(1) Upon its own motion or upon motion by a party to the proceeding or action under this subchapter, the circuit court shall make a ruling concerning the anonymity of any female upon whom a partial-birth abortion is performed. (2) Upon determining that the anonymity should be preserved, the circuit court 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 the female's identity from public disclosure. (3) Each order under subdivision (b)(2) of this section shall be accompanied by a specific written finding explaining: (A) Why the anonymity of the female should be preserved from public disclosure; (B) Why the order is essential to that end; (C) How the order is narrowly tailored to serve that interest; and (D) Why no reasonable, less restrictive alternative exists. (c) In the absence of written consent of the female upon whom a partial-birth abortion has been performed, any person other than a public official who brings an action under this subchapter shall do so under a pseudonym. (d) This section shall not be construed to conceal the identity of the plaintiff or of a witness from the defendant. SECTION 2. Arkansas Code Title 5, Chapter 61, Subchapter 2 is repealed. 5-61-201. Title. This subchapter may be cited as the "Partial-Birth Abortion Ban Act of 1997". 5-61-202. Definitions. As used in this subchapter, "partial-birth abortion" means an abortion in which the person performing the abortion partially vaginally delivers a living fetus before taking the life of the fetus and completing the delivery or as defined by the United States Supreme Court. 5-61-203. Partial-birth abortions prohibited. MGF140-02-10-2009 07:39 House Amendment No. to House Bill No. 1113 3 of 5

(a) Any person who knowingly performs a partial-birth abortion and thereby takes the life of a human fetus is guilty of a Class D felony. (b) A woman upon whom a partial-birth abortion is performed may not be prosecuted under this section for conspiracy, solicitation, attempt, or complicity to violate this section. (c) It is an affirmative defense to a prosecution under this section, which must be proved by a preponderance of the evidence, that the partialbirth abortion was performed by a physician who reasonably believed: (1) The partial-birth abortion was necessary to save the life of the woman upon whom it was performed; and (2) No other form of abortion would suffice for that purpose. (d)(1) Prior to charging a person under this section, a prosecutor shall refer the investigation to the State Medical Board, which shall determine whether the procedure at issue in the investigation is a partialbirth abortion as defined by this subchapter. (2) If the board determines that the procedure being investigated is not a partial-birth abortion as defined by this subchapter, the prosecutor shall not proceed with the case. (e) This subchapter is operative and shall be enforced to the extent permitted by the United States Constitution and laws. 5-61-204. Professional sanctions. (a) Any person who knowingly performs a partial-birth abortion is subject to disciplinary action by the State Medical Board. (b) Disciplinary action taken by the board against a physician who violates this subchapter shall include, as determined by the board: (1) A fine not greater than ten thousand dollars ($10,000); (2) Suspension of the physician's license for a period not greater than one (1) year; or (3) Revocation of the physician's license. SECTION 3. EMERGENCY CLAUSE. It is found and determined by the General Assembly of the State of Arkansas that partial-birth abortion poses serious risks to the health of a female undergoing the procedure; that those risks include, among other things: an increase in a female's risk of suffering from cervical incompetence, a result of cervical dilation making it difficult or impossible for a female to successfully carry a subsequent pregnancy to term; an increased risk of uterine rupture, abruption, amniotic fluid embolus, and trauma to the uterus as a result of converting the child to a footling breech position and a risk of lacerations and secondary hemorrhaging due to the physician blindly forcing a sharp instrument into the base of the unborn child's skull while he or she is lodged in the birth canal, an act which could result in severe bleeding, brings with it the threat of shock, and could ultimately result in maternal death. Therefore, an emergency is declared to exist and this act being immediately necessary for the preservation of the public peace, health, and safety shall become effective on: (1) The date of its approval by the Governor; (2) If the bill is neither approved nor vetoed by the Governor, the expiration of the period of time during which the Governor may veto the bill; or (3) If the bill is vetoed by the Governor and the veto is MGF140-02-10-2009 07:39 House Amendment No. to House Bill No. 1113 4 of 5

overridden, the date the last house overrides the veto." The Amendment was read By: Representative D. Creekmore MGF/KSW - 02-10-2009 07:39 MGF140 Chief Clerk MGF140-02-10-2009 07:39 House Amendment No. to House Bill No. 1113 5 of 5