Bill Summary for S 425 (2017-2018)

Printer-friendly: Click to view

Summary date: 

Mar 28 2017

Bill Information:

View NCGA Bill Details2017-2018 Session
Senate Bill 425 (Public) Filed Tuesday, March 28, 2017
AN ACT ESTABLISHING THE NORTH CAROLINA UNBORN CHILD PROTECTION FROM DISMEMBERMENT ABORTION ACT.
Intro. by Krawiec, Randleman, Ballard.

View: All Summaries for BillTracking:

Bill summary

Enacts new GS Chapter 90, Article 1L (The Unborn Child Protection From Dismemberment Abortion Act).

Defines several terms, includingdismemberment abortion,purposely, andserious health risk to the unborn child's mother.

Makes it unlawful to purposely perform a dismemberment abortion (as defined in the Act) and thereby kill an unborn child, or to attempt to perform a dismemberment abortion unless necessary to prevent serious health risk to the mother. Violation is a Class A1 misdemeanor.

Provides for a physician accused of unlawful conduct under this Article to seek a hearing before the North Carolina Medical Board on whether the dismemberment abortion was necessary to prevent serious health risk to the mother. Makes the Board's findings admissible on that issue in any trial at which such unlawful conduct is alleged. Directs a court to delay the beginning of the trial of the accused physician for up to 30 days to permit the Board hearing to take place.

Grants immunity from civil or criminal liability for actions related to dismemberment abortion to the woman upon whom the abortion was performed or attempted, non-physician employees acting at the direction of a physician, and pharmacists and other individuals who fill prescriptions and provide instruments or materials used in a dismemberment abortion.

Does not prevent abortion for any reason by any other method.

Imposes civil damages on persons who violate any provision of the Article, including any one or more of the following: monetary damages for physical and psychological injuries, treble damages based on the cost of the dismemberment abortion, and punitive damages. Authorizes an action under this Article by the woman upon whom the abortion was performed, the spouse or guardian of the woman, or the parent of the woman if the woman was a minor at the time of the abortion. Does not allow damages awarded to a plaintiff whose criminal conduct caused the pregnancy. Further authorizes injunctive relief to the woman, or the woman's parents if the mother is a minor, against the physician. Imposes civil penalties for violations of the injunction.

Directs the court to rule on the need to protect the anonymity of the woman in every proceeding under this Article in which she does not give written consent for disclosure, and provides instruction for the Court in determining whether her anonymity should be preserved.

Clarifies that the Article does not prevent an otherwise lawful abortion by any other method, or create or recognize a right to abortion, nor a right to a particular method of abortion.

Contains a severability clause.

Effective December 1, 2017, and applies to offenses committed on or after that date.