Bill Summary for H 716 (2013-2014)

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Summary date: 

Apr 10 2013

Bill Information:

View NCGA Bill Details2013-2014 Session
House Bill 716 (Public) Filed Wednesday, April 10, 2013
A BILL TO BE ENTITLED AN ACT TO PROHIBIT A PERSON FROM PERFORMING OR ATTEMPTING TO PERFORM AN ABORTION WHEN THE SEX OF THE UNBORN CHILD IS A SIGNIFICANT FACTOR IN SEEKING THE ABORTION.
Intro. by Samuelson, McElraft, Schaffer, Turner.

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Bill 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.