Jim Merritt, Jr. voted Yea (Passage) on this Legislation.
Title: Prohibits Dilation and Evacuation Abortions
Signed by Governor Eric Holcomb
Title: Prohibits Dilation and Evacuation Abortions
Vote to pass a bill that prohibits certain dilation and evacuation abortion procedures.
Prohibits physicians from performing dilation and evacuation abortions that extract the fetus using clamps, grasping forceps, tongs, scissors, or similar instruments (Sec. 1).
Exempts abortions performed due to “serious health risks”, medical conditions, or risks of death (Sec. 2).
Specifies that “serious health risks” do not include psychological or emotional conditions, nor claims or a diagnosis that the individual will engage in conduct that results physical harm or death (Sec. 2).
Prohibits the individual upon whom the abortion is performed from being prosecuted for violation of this bill (Sec. 5).
Specifies that the the individual upon whem the abortion is performed is not liable for any damages related to the abortion (Sec. 6).
Specifies that the following individuals who worked at the direction of the physician who performed the abortion are not liable for damages associated with the abortion (Sec. 6):
Nurses;
Technicians;
Secretaries;
Receptionists;
Other facility employees; and
Pharmacists who fill a prescription or provides instruments for the abortion.
Authorizes the following individuals to petition for an injunction against the physician who performed the abortion (Sec. 7):
The individual whom the abortion was performed on;
The parent or guardian of the individual whom the abortion was performed on if the individual was under 18 years old; or
A prosecuting attorney in the jurisdiction where either the abortion was performed or where the individual whom the abortion was performed on resides.
Prohibits any physician who has an injunction filed against them from performing further abortions in violation of this bill (Sec. 7)
Authorizes the following individuals to file for recovery of damages against a physician who performed an abortion in violation of this bill (Sec. 8):
The individual whom the abortion was performed;
The father father of the unborn fetus; or
If the individual was less than 18 years old at the time of the abortion procedure or if the individual died as a result of the abortion, the maternal grandparents of the unborn fetus on whom the abortion was performed.
Prohibits any damages from being awarded if the pregnancy resulted from the plaintiff’s criminal conduct (Sec. 8).
Authorizes that damages awarded to include psychological and physical injuries caused by the abortion, and damages equal to three times the cost of the abortion (Sec. 8).
Requires that if judgement is in favor of the plaintiff, the court will order reasonable attorney’s fees in favor of the plaintiff (Sec. 9).
Requires that if judgement is not in favor of the plaintiff, the court will order reasonable attorney’s fees to the defendant (Sec. 9).
Requires the identity of the individual on whom the abortion was performed to be withheld from public disclosure (Sec. 10).
Title: Prohibits Dilation and Evacuation Abortions
Vote to pass a bill that prohibits certain dilation and evacuation abortion procedures.
Prohibits physicians from performing dilation and evacuation abortions that extract the fetus using clamps, grasping forceps, tongs, scissors, or similar instruments (Sec. 1).
Exempts abortions performed due to “serious health risks”, medical conditions, or risks of death (Sec. 2).
Specifies that “serious health risks” do not include psychological or emotional conditions, nor claims or a diagnosis that the individual will engage in conduct that results physical harm or death (Sec. 2).
Prohibits the individual upon whom the abortion is performed from being prosecuted for violation of this bill (Sec. 5).
Specifies that the the individual upon whem the abortion is performed is not liable for any damages related to the abortion (Sec. 6).
Specifies that the following individuals who worked at the direction of the physician who performed the abortion are not liable for damages associated with the abortion (Sec. 6):
Nurses;
Technicians;
Secretaries;
Receptionists;
Other facility employees; and
Pharmacists who fill a prescription or provides instruments for the abortion.
Authorizes the following individuals to petition for an injunction against the physician who performed the abortion (Sec. 7):
The individual whom the abortion was performed on;
The parent or guardian of the individual whom the abortion was performed on if the individual was under 18 years old; or
A prosecuting attorney in the jurisdiction where either the abortion was performed or where the individual whom the abortion was performed on resides.
Prohibits any physician who has an injunction filed against them from performing further abortions in violation of this bill (Sec. 7)
Authorizes the following individuals to file for recovery of damages against a physician who performed an abortion in violation of this bill (Sec. 8):
The individual whom the abortion was performed;
The father father of the unborn fetus; or
If the individual was less than 18 years old at the time of the abortion procedure or if the individual died as a result of the abortion, the maternal grandparents of the unborn fetus on whom the abortion was performed.
Prohibits any damages from being awarded if the pregnancy resulted from the plaintiff’s criminal conduct (Sec. 8).
Authorizes that damages awarded to include psychological and physical injuries caused by the abortion, and damages equal to three times the cost of the abortion (Sec. 8).
Requires that if judgement is in favor of the plaintiff, the court will order reasonable attorney’s fees in favor of the plaintiff (Sec. 9).
Requires that if judgement is not in favor of the plaintiff, the court will order reasonable attorney’s fees to the defendant (Sec. 9).
Requires the identity of the individual on whom the abortion was performed to be withheld from public disclosure (Sec. 10).
Title: Prohibits Dilation and Evacuation Abortions