Bill Text: AZ SB1383 | 2021 | Fifty-fifth Legislature 1st Regular | Introduced


Bill Title: Detectable heartbeat abortion; offense

Spectrum: Partisan Bill (Republican 1-0)

Status: (Introduced - Dead) 2021-01-27 - Senate read second time [SB1383 Detail]

Download: Arizona-2021-SB1383-Introduced.html

 

 

 

REFERENCE TITLE: detectable heartbeat abortion; offense

 

 

 

 

State of Arizona

Senate

Fifty-fifth Legislature

First Regular Session

2021

 

SB 1383

 

Introduced by

Senator Rogers

 

 

AN ACT

 

amending title 13, chapter 36, Arizona Revised Statutes, by adding section 13-3603.03; relating to family offenses.

 

 

(TEXT OF BILL BEGINS ON NEXT PAGE)

 


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

Section 1.  Title 13, chapter 36, Arizona Revised Statutes, is amended by adding section 13-3603.03, to read:

START_STATUTE13-3603.03.  Detectable heartbeat abortion; classification; civil action; definitions

A.  Any physician who knowingly performs an abortion after determining that the baby has a detectable heartbeat kills a human being and is guilty of a class 3 felony.

B.  This section does not apply to a detectable heartbeat abortion if it is determined to be one hundred percent medically necessary to save the life of a mother whose life is endangered by a physical disorder, physical illness or physical injury, including a life‑endangering physical condition caused by or arising from the pregnancy itself.

C.  The father of the baby, if married to the mother at the time she receives a detectable heartbeat abortion procedure and the maternal grandparents of the baby if the mother is not at least eighteen years of age at the time of the detectable heartbeat abortion, may bring a civil action to obtain appropriate relief unless the pregnancy resulted from the plaintiff's criminal conduct or the plaintiff consented to the detectable heartbeat abortion. Relief pursuant to this subsection includes the following:

1.  Money damages for all injuries, psychological and physical, resulting from the violation of this section.

2.  Statutory damages in an amount equal to three times the cost of the detectable heartbeat abortion.

D.  This section shall not subject a woman on whom a detectable heartbeat abortion is performed to any criminal prosecution or civil liability.

E.  A defendant who is accused of an offense under this section may seek a hearing before the Arizona medical board if the defendant is licensed pursuant to title 32, chapter 13 or the Arizona board of osteopathic examiners in medicine and surgery if the defendant is licensed pursuant to title 32, chapter 17 on whether the physician's conduct was necessary to save the life of the mother whose life was endangered by a physical disorder, physical illness or physical injury, including a life‑endangering physical condition caused by or arising from the pregnancy itself. The findings on that issue are admissible, in the court's discretion, on that issue at the trial of the defendant.  On a motion of the defendant, the court, in its discretion, shall delay the beginning of the trial for not more than thirty days to permit a hearing to take place.

F.  For the purposes of this section:

1.  "Detectable heartbeat abortion" means an abortion in which the person performing the abortion does both of the following:

(a)  Complies with sections 36-2152, 36-2153, 36‑2156 and 36-2158 or deliberately and intentionally disregards the requirements prescribed in sections 36‑2152, 36‑2153, 36‑2156 or 36‑2158 with the intention and for the purpose of performing an overt act that the person knows will kill the living baby who is of a gestational age to have a detectable heartbeat.

(b)  Performs the overt act, other than completion of delivery, that kills the delivered living baby.

2.  "Physician" means a doctor of medicine or a doctor of osteopathy who is licensed pursuant to title 32, chapter 13 or 17 or any other individual legally authorized by this state to perform abortions. Physician includes an individual who is not a physician or who is not otherwise legally authorized by this state to perform abortions but who nevertheless directly performs a detectable heartbeat abortion. END_STATUTE

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