Reference Title: ballot measures; reports; penalty

AN ACT
AMENDING TITLE 13, CHAPTER 36, ARIZONA REVISED STATUTES, BY ADDING SECTION 13-3603.01; RELATING TO ABORTION.

Be it enacted by the Legislature of the State of Arizona:

Section 1. Title 13, chapter 36, Arizona Revised Statutes, is amended by adding section 13-3603.01, to read:

13-3603.01 . Partial-birth abortions; classification; civil action; definitions

A. A PERSON WHO KNOWINGLY PERFORMS A PARTIAL-BIRTH ABORTION AND WHO KILLS A HUMAN FETUS IS GUILTY OF A CLASS 6 FELONY.

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, ILLNESS OR INJURY IF NO OTHER MEDICAL PROCEDURE WOULD SAVE THE MOTHER'S LIFE.

C. THE FATHER OF THE FETUS IF MARRIED TO THE MOTHER AT THE TIME SHE RECEIVES A PARTIAL-BIRTH ABORTION 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 DAMAGES FOR ALL INJURIES RESULTING FROM THE PARTIAL-BIRTH ABORTION, INCLUDING PSYCHOLOGICAL AND PHYSICAL DAMAGES.

2. DAMAGES IN AN AMOUNT EQUAL TO THREE TIMES THE COST OF THE PARTIAL-BIRTH ABORTION.

D. THIS SECTION DOES NOT SUBJECT A WOMAN UPON WHOM A PARTIAL-BIRTH ABORTION IS PERFORMED TO CRIMINAL PROSECUTION OR CIVIL LIABILITY UNDER THIS SECTION.

E. 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.

2. "PERSON" INCLUDES A PHYSICIAN WHO IS LICENSED PURSUANT TO TITLE 32, CHAPTER 13 OR 17, A PERSON WHO IS LEGALLY AUTHORIZED BY THIS STATE TO PERFORM ABORTIONS OR A PERSON WHO IS NOT LEGALLY AUTHORIZED BY THIS STATE TO PERFORM ABORTIONS BUT WHO DIRECTLY PERFORMS A PARTIAL-BIRTH ABORTION.