HF 1196

as introduced - 86th Legislature (2009 - 2010) Posted on 02/09/2010 01:45am

A bill for an act
relating to health; prohibiting sex selection abortions; providing criminal and
civil penalties ; reporting requirement established; 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 [145.417] SEX SELECTION ABORTION.
new text end

new text begin Subdivision 1. new text end

new text begin Prohibition on sex selection abortion. new text end

new text begin (a) No person may
intentionally perform an abortion with knowledge that the pregnant woman is seeking
the abortion based solely on the sex of the unborn child.
new text end

new text begin (b) Paragraph (a) shall not be construed to proscribe the performance of an abortion
on the basis of the sex of the unborn child because of a genetic disorder linked to that sex.
new text end

new text begin (c) If paragraph (a) is held invalid as applied to the period of pregnancy prior to
viability, then it is applicable to the period of pregnancy following viability.
new text end

new text begin Subd. 2. new text end

new text begin Criminal penalties. new text end

new text begin Any person who intentionally, knowingly, or
recklessly violates the provisions of this section, commits a felony. Violators of this
section shall be fined or imprisoned for not more than two years, or both.
new text end

new text begin Subd. 3. new text end

new text begin Civil remedies. new text end

new text begin The maternal grandparents of the unborn child, if the
mother has not attained the age of 18 years at the time of the abortion, or the father of the
unborn child may maintain an action against the person who performed the abortion in
violation of this statute. The court may award reasonable attorney fees as part of the costs
in an action under this subdivision. Appropriate relief includes monetary damages for all
injuries, whether psychological, physical, or financial, including loss of companionship
and support, caused by the violation.
new text end

new text begin Subd. 4. new text end

new text begin Reporting requirements. new text end

new text begin A physician, physician's assistant, nurse,
counselor, or other medical or mental health professional shall report known or suspected
violations of this section to appropriate law enforcement authorities. A person who
violates this requirement shall be fined under this section or imprisoned for not more than
one year, or both.
new text end

new text begin Subd. 5. new text end

new text begin Supreme Court jurisdiction. new text end

new text begin The Minnesota Supreme Court has original
jurisdiction over an action challenging the constitutionality of this section and shall
expedite the resolution of the action.
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, subdivision, 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 remainder
of this section is effective notwithstanding such unconstitutionality. The legislature hereby
declares that it would have passed this section, and each provision, subdivision, sentence,
clause, phrase, or word thereof, regardless of the fact that any provision, subdivision,
sentence, clause, phrase, or word is declared unconstitutional.
new text end