Bill Summaries: H533 HUMAN LIFE PROTECTION ACT OF 2023.

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  • Summary date: Mar 30 2023 - View Summary

    Part I titles the act as "The Human Life Protection Act of 2023."

    Part II enacts GS 14-45.2, making it a Class B2 felony to perform, induce, or attempt an abortion, with one described exception. Enhances punishment for violations that result in the death of an unborn child, defined to include all stages from fertilization until birth, to a Class B1 felony. Defines abortion, fertilization, pregnant, reasonable medical judgement, and unborn child. Provides for one exception for which three criteria must be met: (1) a licensed physician performs, induces, or attempts the abortion; (2) in the exercise of reasonable medical judgement, the pregnant female has a life-threatening physical condition aggravated by, caused by, or arising from a pregnancy that places the female at risk of death or poses a serious risk of substantial impairment of a major bodily function unless the abortion is performed or induced (excludes risks arising from a claim or diagnosis that the female would engage in conduct that may result in death or substantial impairment); and (3) in the exercise of reasonable medical judgement, the physician provides the best opportunity for the unborn child to service unless that would create a greater risk of the pregnant female's death, a serious risk of substantial impairment of a major bodily function of the pregnant female. Excludes medical treatment provided by a licensed physician that results in the accidental or unintentional injury or death of an unborn child. 

    In addition to the criminal punishment provided, subjects violators to a civil penalty of at least $100,000 per violation, and requires the appropriate licensing authority to revoke the license, permit, registration, certificate or other authority of the physician or health professional. Specifies that the statutory civil and criminal penalties do not affect other civil remedies available. Specifies that the statute does not impose any liability on the pregnant female. 

    Part III makes the following conforming changes. Repeals GS 14-44 (Using drugs or instruments to destroy unborn child), GS 14-45 (Using drugs or instruments to produce miscarriage or injure pregnant woman), and GS 14-45.1 (When abortion not unlawful); and Article 1I (Woman's Right to Know Act) and 1K (Certain Abortions Prohibited), GS Chapter 90. Replaces statutory cross-references in GS 14-23.7 to now repealed GS 14-45.1 with references to new GS 14-45.2.

    Part III provides a severability clause and makes the act effective July 1, 2023, and applicable to abortions performed, induced, or attempted on or after that date.

  • Summary date: Mar 29 2023 - View Summary

    To be summarized.