House of
Representatives
HB 2443
abortion; sex; race selection; prohibition
Sponsors: Representatives Montenegro, Barton, Burges
Overview
HB 2443 provides that a person who knowingly performs an abortion with the knowledge that the abortion is sought based on the sex or race of the child or the race of the parent of the child is guilty of a Class 3 felony.
History
Many of the state laws regulating abortion are found in Arizona Revised Statutes (A.R.S.), Title 36. Included in those regulations are consent and mandatory reporting requirements, rights of conscience of health care providers, restriction of abortions under certain circumstances. The state also provides protections for fetuses, embryos and egg providers. Arizona does not establish or recognize a right to an abortion or make lawful an abortion that is currently unlawful.
Provisions
· Specifies that a person who knowingly does any of the following is guilty of a Class 3 felony:
Ø Performs an abortion knowing that the abortion is sought based on the sex or race of the child or the race of a parent of that child.
Ø Uses force or the threat of force to intentionally injure or intimidate any person for the purpose of coercing a sex-selection or race-selection abortion.
Ø Solicits or accepts monies to finance a sex-selection or race-selection abortion.
· Allows the Attorney General or the County Attorney to bring an action in superior court to prohibit the activities outlined above.
· States that a breach of these activities is in violation of Title VI, Section 601 of the Civil Rights Act of 1964 (Act), and is discrimination prohibited by the Act.
· Allows the father who is married to the mother or the maternal grandparents if the mother is not at least 18 at the time of the abortion to bring a civil action on behalf of the unborn child to obtain appropriate relief.
· Specifies the court may award reasonable attorney fees as part of the costs.
· Provides that for purposes of this subsection, appropriate relief includes monetary damages for all injuries, whether psychological, physical or financial, including loss of companionship and support.
· States a physician, physician’s assistant, nurse, counselor or other medical or mental health professional who knowingly does not report known or suspected violations to appropriate law enforcement officials is guilty of a Class 6 felony.
· Provides that a woman on whom a sex or race selection abortion has been performed is not subject to criminal or civil liability or conspiracy.
· Specifies that for purposes of the section abortion has the same meaning prescribed in A.R.S. § 36-2151.
· Specifies that a person must not knowingly perform or induce an abortion before that person completes an affidavit that states the child to be aborted is not being aborted because of the child’s race or sex, is signed by the person performing or inducing the abortion and is signed by the woman on whom the abortion is being performed.
· Contains a construction and severability clause.
· Names the act the Susan B. Anthony and Frederick Douglass Prenatal Nondiscrimination Act of 2011.
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Fiftieth Legislature
First Regular Session 2 February 24, 2011
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