HF 235

as introduced - 84th Legislature (2005 - 2006) Posted on 12/15/2009 12:00am

A bill for an act
relating to health; providing for unborn child pain
prevention; providing criminal penalties; proposing
coding for new law in Minnesota Statutes, chapter 145.

BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA:

Section 1. new text begin SHORT TITLE.
new text end

new text begin This act shall be known and may be cited as the "Unborn
Child Pain Prevention Act."
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Sec. 2.

new text begin [145.4232] UNBORN CHILD PAIN PREVENTION.
new text end

new text begin Subdivision 1. new text end

new text begin Definitions. new text end

new text begin For purposes of this
section, the terms used have the meanings given:
new text end

new text begin (1) "abortion" means the use of any means to terminate the
pregnancy of a female known to be pregnant with knowledge that
the termination with those means will, with reasonable
likelihood, cause the death of the unborn child;
new text end

new text begin (2) "attempt to perform an abortion" means an act, or an
omission of a statutorily required act, that, under the
circumstances as the actor believes them to be, constitutes a
substantial step in a course of conduct planned to culminate in
the performance of an abortion in violation of this section;
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new text begin (3) "unborn child" means a member of the species Homo
sapiens from fertilization until birth;
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new text begin (4) "medical emergency" means any condition that, on the
basis of the physician's good faith clinical judgment, so
complicates the medical condition of a pregnant female as to
necessitate the immediate abortion of her pregnancy to avert her
death or for which a delay will create serious risk of
substantial and irreversible impairment of a major bodily
function; and
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new text begin (5) "physician" means a person licensed as a physician or
osteopath under chapter 147.
new text end

new text begin Subd. 2. new text end

new text begin Unborn child pain prevention. new text end

new text begin Except in the
case of a medical emergency, before an abortion is performed on
an unborn child who is 20 weeks gestational age or more, the
physician performing the abortion or the physician's agent shall
inform the female if an anesthetic or analgesic would eliminate
or alleviate organic pain to the unborn child caused by the
particular method of abortion to be employed and inform her of
the particular medical risks associated with the particular
anesthetic or analgesic. With her consent, the physician shall
administer such anesthetic or analgesic.
new text end

new text begin Subd. 3. new text end

new text begin Criminal penalties. new text end

new text begin Any person who knowingly or
recklessly performs or attempts to perform an abortion in
violation of this section is guilty of a felony. No penalty may
be assessed against the female upon whom the abortion is
performed or attempted to be performed.
new text end

new text begin Subd. 4. new text end

new text begin Civil remedies. new text end

new text begin (a) Any person upon whom an
abortion has been performed in violation of this section or the
father or a grandparent of the unborn child who was the subject
of such an abortion may maintain an action against the person
who performed the abortion in knowing or reckless violation of
this section for actual and punitive damages. Any person upon
whom an abortion has been attempted in violation of this section
may maintain an action against the person who attempted to
perform the abortion in knowing or reckless violation of this
section for actual and punitive damages.
new text end

new text begin (b) If judgment is rendered in favor of the plaintiff in
any action described in this subdivision, the court shall render
judgment for a reasonable attorney's fee in favor of the
plaintiff against the defendant. If judgment is rendered in
favor of the defendant and the court finds that the plaintiff's
suit was frivolous and brought in bad faith, the court shall
render judgment for a reasonable attorney's fee in favor of the
defendant against the plaintiff.
new text end

new text begin Subd. 5. new text end

new text begin Protection of privacy. new text end

new text begin In every civil or
criminal proceeding or action brought under this section, the
court shall rule whether the anonymity of any female upon whom
an abortion has been performed or attempted shall be preserved
from public disclosure if she does not give her consent to such
disclosure. The court, upon motion or sua sponte, shall make
such a ruling and, upon determining that her anonymity should be
preserved, shall issue orders to the parties, witnesses, and
counsel and shall direct the sealing of the record and exclusion
of individuals from courtrooms or hearing rooms to the extent
necessary to safeguard her identity from public disclosure. The
order shall be accompanied by specific written findings
explaining why the anonymity of the female should be preserved
from public disclosure, why the order is essential to that end,
how the order is narrowly tailored to serve that interest, and
why no reasonable, less restrictive alternative exists. In the
absence of written consent of the female upon whom an abortion
has been performed or attempted, anyone, other than a public
official, who brings an action under subdivision 4, paragraph
(a), shall do so under a pseudonym. This subdivision may not be
construed to conceal the identity of the plaintiff or of
witnesses from the defendant.
new text end

new text begin Subd. 6. new text end

new text begin Severability. new text end

new text begin If any one or more provision,
section, subsection, sentence, clause, phrase, or word of this
section or the application thereof to any person or circumstance
is found to be unconstitutional, the same is hereby declared to
be severable and the balance of this section shall remain
effective notwithstanding such unconstitutionality. The
legislature hereby declares that it would have passed this
section, and each provision, section, subsection, sentence,
clause, phrase, or word thereof, irrespective of the fact that
any one or more provision, section, subsection, sentence,
clause, phrase, or word be declared unconstitutional.
new text end