House amendment makes the following changes to the 2nd edition.
Provides that, notwithstanding GS 14-45.1, no person will perform or attempt to perform an abortion on a woman in North Carolina with knowledge, or an objective reason to know, that a significant factor in seeking the abortion is related to the sex of the unborn child (previously, stated that no person will knowingly or recklessly perform or attempt to perform...). Establishes that this section will not be construed as creating an affirmative duty for a physician to inquire if the sex of the unborn child is a significant factor in seeking the abortion.
Amends GS 90-21.122, Civil remedies, deleting the "knowingly or recklessly" standard for would-be violators from subsections (a), (b), and (c). Limits the class of people who can seek injunctive relief against violators of a provision of this Article to include a parent of the woman who received an abortion or attempted abortion in violation of this Article if the woman was a minor at the time the abortion was performed or attempted (was, parent for any woman).
Summary date: May 7 2013 - View summary
Summary date: May 1 2013 - View summary
House committee substitute makes the following changes to the 1st edition.
Makes a technical amendment to subsection (a) ofnew GS 90-21.122, deleting the phrase "as provided in this section." Also amends subsection (b) to remove "sibling" from the list of persons who may seek injunctive relief under the provisions of this section.
Provides that this act applies to violations occurring on or after the effective date of October 1, 2013 (was, applies to violations occurring or civil actions commenced on or after the effective date).
Summary date: Apr 10 2013 - View summary
Enacts new Article 1K, Certain Abortions Prohibited, in GS Chapter 90. Prohibits knowingly or reckless performing or attempting to perform an abortion with knowledge or an objective reason to know that a significant factor in seeking abortion is related to the sex of the unborn child. Provides for civil remedies for violations. Allows a claim for injunctive relief to be sought by (1) the woman upon whom an abortion was performed or attempted in violation of this Article or (2) any person who is the spouse, parent, sibling, guardian, or current or former licensed health care provider of the woman upon whom an abortion has been performed or attempted in violation of this Article. Provides for civil contempt fines.
Requires the court to rule whether the anonymity of any woman upon whom an abortion has been performed or attempted must be preserved from public disclosure if the woman does not give her consent to the disclosure. Upon determining that the woman's anonymity should be preserved, requires the court to issue orders to the parties, witnesses, and counsel and to direct the sealing of the record and exclusion of individuals from courtrooms or hearing rooms to the extent necessary to safeguard the woman's identity from public disclosure. Requires such orders to be accompanied by specific written findings explaining (1) why the anonymity of the woman should be preserved from public disclosure, (2) why the order is essential to that end, (3) how the order is narrowly tailored to serve that interest, and (4) why no reasonable, less restrictive alternative exists.
Applies to violations occurring or civil actions commenced on or after October 1, 2013.