SF 3487

as introduced - 89th Legislature (2015 - 2016) Posted on 04/08/2016 08:58am

A bill for an act
relating to health; enacting the Unborn Child Protection from Dismemberment
Abortion Act; imposing civil and 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 [145.4221] UNBORN CHILD PROTECTION FROM
DISMEMBERMENT ABORTION ACT.
new text end

new text begin Subdivision 1. new text end

new text begin Short title. new text end

new text begin This act may be cited as the "Unborn Child Protection
from Dismemberment Abortion Act."
new text end

new text begin Subd. 2. new text end

new text begin Definitions. new text end

new text begin For the purposes of this act:
new text end

new text begin (a) "Abortion" means the use or prescription of any instrument, medicine, drug,
or any other substance or device:
new text end

new text begin (1) to purposely kill the unborn child of a woman known to be pregnant; or
new text end

new text begin (2) to purposely terminate the pregnancy of a woman known to be pregnant, with a
purpose other than:
new text end

new text begin (i) after viability to produce a live birth and preserve the life and health of the child
born alive; or
new text end

new text begin (ii) to remove a dead unborn child.
new text end

new text begin (b) "Attempt to perform an abortion" means to do or omit to do anything that, under
the circumstances as the actor believes them to be, is an act or omission constituting a
substantial step in a course of conduct planned to culminate in the actor performing an
abortion. Such substantial steps include, but are not limited to:
new text end

new text begin (1) agreeing with an individual to perform an abortion on that individual or on some
other person, whether or not the term abortion is used in the agreement, and whether
or not the agreement is contingent on another factor such as receipt of payment or a
determination of pregnancy; or
new text end

new text begin (2) scheduling or planning a time to perform an abortion on an individual, whether
or not the term abortion is used, and whether or not the performance is contingent on
another factor such as receipt of payment or a determination of pregnancy.
new text end

new text begin This definition shall not be construed to require that an abortion procedure actually
must be initiated for an attempt to occur.
new text end

new text begin (c) "Dismemberment abortion" means the purpose of causing the death of an unborn
child purposely to dismember a living unborn child and extract the living unborn child
one piece at a time from the uterus through the use of clamps, grasping forceps, tongs,
scissors, or similar instruments that, through the convergence of two rigid levers, slice,
crush, or grasp a portion of the unborn child's body to cut or rip it off.
new text end

new text begin The term dismemberment abortion does not include an abortion which uses suction
to dismember the body of the unborn child by sucking fetal parts into a collection
container, although it does include an abortion in which a dismemberment abortion, as
defined in paragraph (c), is used to cause the death of an unborn child but suction is
subsequently used to extract fetal parts after the death of the unborn child.
new text end

new text begin (d) "Physician" means a person licensed to practice medicine and surgery or
osteopathic medicine and surgery, or otherwise legally authorized to perform an abortion.
new text end

new text begin (e) "Purposely" means a person acts purposely with respect to a material element
of an offense when:
new text end

new text begin (1) if the element involves the nature of the actor's conduct or a result thereof, it is the
actor's conscious intent to engage in conduct of that nature or to cause such a result; and
new text end

new text begin (2) if the element involves the attendant circumstances, the actor is aware of the
existence of such circumstances or the actor believes or hopes the circumstances exist.
new text end

new text begin (f) "Serious health risk to the unborn child's mother" means that in reasonable medical
judgment she has a condition that so complicates her medical condition that it necessitates
the abortion of her pregnancy to avert her death or to avert serious risk of substantial and
irreversible physical impairment of a major bodily function, not including psychological
or emotional conditions. No such condition may be determined to exist if it is based on a
claim or diagnosis that the woman will engage in conduct which she intends to result in
her death or in substantial and irreversible physical impairment of a major bodily function.
new text end

new text begin (g) "Woman" means a female human being whether or not she has reached the
age of majority.
new text end

new text begin Subd. 3. new text end

new text begin Dismemberment abortion. new text end

new text begin (a) Notwithstanding any other provision of
law, it shall be unlawful for any person to purposely perform or attempt to perform a
dismemberment abortion and thereby kill an unborn child unless it is necessary to prevent
a serious health risk to the unborn child's mother.
new text end

new text begin (b) A person accused in any proceeding of unlawful conduct under paragraph
(a) may seek a hearing before the state medical board on whether the dismemberment
abortion was necessary to prevent a serious health risk to the unborn child's mother. The
board's findings are admissible on that issue at any trial in which such unlawful conduct is
alleged. Upon a motion of the person accused, the court shall delay the beginning of the
trial for not more than 30 days to permit such a hearing to take place.
new text end

new text begin (c) No woman upon whom an abortion is performed or attempted to be performed
shall be liable for performing or attempting to perform a dismemberment abortion. No
nurse, technician, secretary, receptionist, or other employee or agent who is not a physician
but who acts at the direction of a physician, and no pharmacist or other individual who is
not a physician but who fills a prescription or provides instruments or materials used in an
abortion at the direction of or to a physician shall be liable for performing or attempting to
perform a dismemberment abortion.
new text end

new text begin (d) This act does not prevent abortion for any reason including rape and incest by
any other method.
new text end

new text begin Subd. 4. new text end

new text begin Injunctions against dismemberment abortions. new text end

new text begin (a) A cause of action
for injunctive relief against a person who has performed or attempted to perform a
dismemberment abortion in violation of subdivision 3 may be maintained by:
new text end

new text begin (1) a woman upon whom such a dismemberment abortion was performed or
attempted to be performed;
new text end

new text begin (2) a person who is the spouse, parent or guardian of, or a current or former licensed
health care provider of, a woman upon whom such a dismemberment abortion was
performed or attempted to be performed; or
new text end

new text begin (3) a prosecuting attorney with appropriate jurisdiction.
new text end

new text begin (b) The injunction shall prevent the defendant from performing or attempting to
perform further dismemberment abortions in violation of subdivision 3.
new text end

new text begin Subd. 5. new text end

new text begin Civil remedies. new text end

new text begin (a) A cause of action for civil damages against a person
who has performed a dismemberment abortion in violation of subdivision 3 may be
maintained by:
new text end

new text begin (1) any woman upon whom a dismemberment abortion has been performed in
violation of subdivision 3;
new text end

new text begin (2) the father of the unborn child, if married to the woman at the time the
dismemberment abortion was performed; or
new text end

new text begin (3) if the woman has not attained the age of 18 years at the time of the
dismemberment abortion or has died as a result of the abortion, the maternal grandparents
of the unborn child.
new text end

new text begin (b) No damages may be awarded a plaintiff if the pregnancy resulted from the
plaintiff's criminal conduct.
new text end

new text begin (c) Damages awarded in such an action shall include:
new text end

new text begin (1) money damages for all injuries, psychological and physical, occasioned by
the dismemberment abortion; and
new text end

new text begin (2) statutory damages equal to three times the cost of the dismemberment abortion.
new text end

new text begin Subd. 6. new text end

new text begin Attorney fees. new text end

new text begin (a) If judgment is rendered in favor of the plaintiff in an
action described in subdivision 4 or 5, the court shall also render judgment for a reasonable
attorney fee in favor of the plaintiff against the defendant.
new text end

new text begin (b) If judgment is rendered in favor of the defendant in an action described in
subdivision 4 or 5 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 fee in favor of
the defendant against the plaintiff.
new text end

new text begin (c) No attorney fee may be assessed against the woman upon whom an abortion was
performed or attempted to be performed except in accordance with paragraph (b).
new text end

new text begin Subd. 7. new text end

new text begin Criminal penalty. new text end

new text begin Whoever violates subdivision 3 shall be fined $10,000
or imprisoned for not more than two years or both.
new text end

new text begin Subd. 8. new text end

new text begin Protection of privacy in court proceedings. new text end

new text begin In every civil, criminal, or
administrative proceeding or action brought under this act, the court shall rule whether the
anonymity of any woman upon whom an abortion has been performed or attempted to
be performed 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. Each such order shall be accompanied by specific written
findings explaining why the anonymity of the woman 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 woman upon who an abortion has been performed or attempted to be
performed, anyone other than a public official who brings an action under subdivision 4 or
5 shall do so under a pseudonym. This section may not be construed to conceal the identity
of the plaintiff or of witnesses from the defendant or from attorneys for the defendant.
new text end

new text begin Subd. 9. new text end

new text begin Construction. new text end

new text begin Nothing in this act shall be construed as creating or
recognizing a right to abortion, nor a right to a particular method of abortion.
new text end

new text begin Subd. 10. new text end

new text begin Severability. new text end

new text begin If any one of more provisions, sections, paragraphs,
sentences, clauses, phrases, or words of this act 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 act shall remain effective notwithstanding such unconstitutionality.
The legislature hereby declares that it would have passed this act, and each provision,
section, paragraph, sentence, clause, phrase, or word thereof, irrespective of the fact that
any one or more provisions, sections, paragraphs, sentences, clauses, phrases, or words be
declared unconstitutional.
new text end