Bill Text: AZ SB1359 | 2012 | Fiftieth Legislature 2nd Regular | Chaptered

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Bill Title: Civil liability; wrongful life; birth

Spectrum: Partisan Bill (Republican 32-0)

Status: (Passed) 2012-04-17 - Governor Signed [SB1359 Detail]

Download: Arizona-2012-SB1359-Chaptered.html

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House Engrossed Senate Bill

 

 

 

State of Arizona

Senate

Fiftieth Legislature

Second Regular Session

2012

 

 

 

CHAPTER 284

 

SENATE BILL 1359

 

 

AN ACT

 

amending title 12, chapter 6, article 12, Arizona Revised Statutes, by adding section 12-718; relating to civil liability.

 

 

(TEXT OF BILL BEGINS ON NEXT PAGE)

 

Be it enacted by the Legislature of the State of Arizona:

Section 1.  Title 12, chapter 6, article 12, Arizona Revised Statutes, is amended by adding section 12-718, to read:

START_STATUTE12-718.  Civil liability; wrongful birth or life claims; application

A.  A person is not liable for damages in any civil action for wrongful birth based on a claim that, but for an act or omission of the defendant, a child or children would not or should not have been born.

B.  A person is not liable for damages in any civil action for wrongful life based on a claim that, but for an act or omission of the defendant, the person bringing the action would not or should not have been born.

C.  This section applies to any claim regardless of whether the child is born healthy or with a birth defect or other adverse medical condition. 

D.  This section does not apply to any civil action for damages for an intentional or grossly negligent act or omission, including an act or omission that violates a criminal law. END_STATUTE

 

 

 

 

APPROVED BY THE GOVERNOR APRIL 17, 2012.

 

FILED IN THE OFFICE OF THE SECRETARY OF STATE APRIL 17, 2012.