First Regular Session S.B. 1367
COMMITTEE ON HEALTH AND HUMAN SERVICES
SENATE AMENDMENTS TO S.B. 1367
(Reference to printed bill)
Page 3, strike lines 39 through 41
Page 9, line 10, after "enforcement;" insert "civil action; damages;"
Between lines 22 and 23, insert:
"D. In addition to other remedies available under the common or statutory law of this state, any of the following persons may file a civil action to obtain appropriate relief for a violation of this section:
1. The mother of the human fetus or embryo delivered alive.
2. the father of the human fetus or embryo delivered alive, unless the pregnancy resulted from the plaintiff's criminal conduct.
3. A maternal grandparent of the human fetus or embryo delivered alive if the mother was not at least eighteen years of age at the time of the abortion, unless the pregnancy resulted from the plaintiff's criminal conduct.
E. A civil action filed pursuant to subsection D of this section shall be brought in the superior court in the county in which the woman on whom the abortion was performed resides and may be based on a claim that the failure to see that all available means and medical skills were used to promote, preserve and maintain the life of the human fetus or embryo was a result of simple negligence, gross negligence or wanton, wilful or intentional misconduct or any other legal standard of care. Relief for a civil action filed pursuant to subsection D of this section may include any of the following:
1. Monetary damages for psychological, emotional and physical injuries resulting from the violation of this section.
2. Statutory damages in an amount equal to five thousand dollars or three times the cost of the abortion, whichever is greater.
3. Reasonable attorney fees and costs.
F. A civil action brought pursuant to this section must be initiated within ten years after the violation occurred."
Reletter to conform
Page 9, line 24, strike the first "a" insert "the"
Amend title to conform