Signed by Governor Jan Brewer

Vote Smart's Synopsis:

Vote to concur with Senate amendments and pass a bill that prohibits abortions based on the sex or race of the child or the race of a parent of that child.

Highlights:

• Establishes the following as class three felonies (Sec. 1):
• Performing 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; -Using 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; or -Soliciting or accepting money to finance a sex-selection or race-selection abortion.
• Specifies that the following people may bring a civil action to obtain appropriate relief (Sec. 1):
• The father of the unborn child who is married to the mother at the time she receives a sex selection or race selection abortion; and -The maternal grandparents of the unborn child if the mother is not over the age of 18 years of age at the time of the abortion.
• Defines "appropriate relief" as monetary damages for all injuries, whether psychological, physical or financial (Sec. 1). -Requires any individual performing or inducing an abortion to sign an affidavit stating that the person making the affidavit is not aborting the child because of the child's sex or race and has no knowledge that the child is being aborted because of the child's sex or race (Sec. 2).

Full Bill Text

Vote Smart's Synopsis:

Vote to pass a bill that prohibits abortions based on the sex or race of the child or the race of a parent of that child.

Highlights:

• Establishes the following as class three felonies (Sec. 1):
• Performing 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; -Using 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; or -Soliciting or accepting money to finance a sex-selection or race-selection abortion.
• Specifies that the following people may bring a civil action to obtain appropriate relief (Sec. 1):
• The father of the unborn child who is married to the mother at the time she receives a sex selection or race selection abortion; and -The maternal grandparents of the unborn child if the mother is not over the age of 18 years of age at the time of the abortion.
• Defines "appropriate relief" as monetary damages for all injuries, whether psychological, physical or financial (Sec. 1). -Requires any individual performing or inducing an abortion to sign an affidavit stating that the person making the affidavit is not aborting the child because of the child's sex or race and has no knowledge that the child is being aborted because of the child's sex or race (Sec. 2).

Full Bill Text

Vote Smart's Synopsis:

Vote to pass a bill that prohibits abortions performed on the basis of race or gender of the fetus or the parent of the fetus.

Highlights:

• Authorizes the father of the fetus who is married to the mother at the time of the abortion or the maternal grandparents of the fetus if the mother is a minor to bring a civil action for monetary damages for a sex-selection or race-selection abortion (Sec. 1).
• Specifies that a physician, physician's assistant, nurse, counselor or other medical or mental health professional who knowingly does not report a violation of this act to appropriate law enforcement authorities is subject to a civil fine of no more than $10,000 (Sec. 1).
• Exempts the woman upon whom a sex-selection or race-selection abortion is performed from criminal prosecution or civil liability (Sec. 1).
• Requires that the person performing or inducing an abortion must first complete and sign an affidavit stating that he or she is not aborting the fetus based on the fetus' sex or race and has no knowledge that the fetus is being aborted for either of those reasons (Sec. 2).

Full Bill Text