Be it enacted by the Legislature of the State of Arizona:
Section 1. Section 13-3603.01, Arizona Revised Statutes, is amended to read:
START_STATUTE13-3603.01. Partial‑birth abortions;
classification; civil action; definitions
A. A person
Any physician who
knowingly performs a partial‑birth abortion and who thereby
kills a human fetus is guilty of a class 6 felony and shall be fined under this title or imprisoned not more than two
years, or both.
B. This section does not apply to a partial‑birth
abortion that is necessary to save the life of a mother whose life is
endangered by a physical disorder, physical
illness or physical injury
if no other medical procedure would save
the mother's life,
including a life-endangering physical condition caused by or arising from the
pregnancy itself.
C. The father of the fetus if married to the mother
at the time she receives a partial‑birth abortion procedure and the maternal grandparents of the
fetus if the mother is not at least eighteen years of age at the time of the
partial‑birth 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 partial‑birth abortion. Relief
pursuant to this subsection includes the following:
1. Monetary
Money damages for all
injuries, psychological and physical, resulting
from the partial‑birth abortion,
including psychological and physical damages violation of this section.
2. Statutory
damages in an amount equal to three times the cost of the partial‑birth
abortion.
D. This section does shall
not subject a woman upon whom a partial‑birth abortion is performed to any criminal prosecution or
civil liability under this section.
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 on that
issue at the trial of the defendant. On a motion of the defendant, the court
shall delay the beginning of the trial for not more than thirty days to permit
a hearing to take place.
E. F. For the purposes
of this section:
1. "Partial‑birth abortion" means an
abortion in which the person performing the abortion partially
vaginally delivers a living fetus before killing the fetus and completing the
delivery does both of the
following:
(a) Deliberately and intentionally vaginally
delivers a living fetus until, in the case of a headfirst presentation, the
entire fetal head is outside the body of the mother or, in the case of breech
presentation, any part of the fetal trunk past the naval is outside the body of
the mother for the purpose of performing an overt act that the person knows
will kill the partially delivered living fetus.
(b) Performs the overt act, other than completion
of delivery, that kills the partially delivered living fetus.
2. "Person"
includes a physician "Physician"
means a doctor of medicine or a doctor of osteopathy who is
licensed pursuant to title 32, chapter 13 or 17, a person or any other individual who is legally authorized by this state to
perform abortions. or a person any 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 partial‑birth
abortion shall be subject to this
section. END_STATUTE
Sec. 2. Severability
If a provision of this act or its application to any person or
circumstance is held invalid, the invalidity does not affect other provisions
or applications of the act that can be given effect without the invalid
provision or application, and to this end the provisions of the act are
severable.
