Unborn Child Protection from Dismemberment Act

nc-stampSB 425 – Unborn Child Protection from Dismemberment Act

Primary Sponsors: Sen. Joyce Krawiec (R – Forsyth), Sen. Shirley Randleman (R – Stokes), Sen. Deanna Ballard (R – Caldwell)

This bill would make it unlawful for a person to purposely perform a dismemberment abortion, and kill an unborn child, or attempt to perform a dismemberment abortion unless necessary to prevent serious health risk to the mother. Any person who violates this would be guilty of a Class A1 misdemeanor.

This bill states that any physician accused of the unlawful conduct in the bill may seek a hearing before the NC Medical Board on whether the dismemberment abortion was necessary to prevent serious health risk to the mother. Upon the motion of the physician accused, the court shall delay the beginning of the trial for not more than 30 days to permit such a hearing to take place.

The bill would give immunity to any nurse, technician, secretary, receptionist or any other employee who acts at the direction of a physician.

The bill would also give immunity to any pharmacist or other individual who is not a physician, but who fills a prescription or provides materials used in a dismemberment abortion at the direction of a physician.

The bill does not prevent abortion for any reason, including rape and incest, by any other method.

The bill states that anyone who violates this Article shall be liable for any of the following:

  • Money damages;
  • Statutory damages equal to three times the cost of the dismemberment abortion;
  • Punitive damages.

These claims may be sought by the following:

  • The woman whom a dismemberment abortion was preformed;
  • Spouse or guardian of the woman upon whom a dismemberment abortion was preformed;
  • Parent of the woman upon whom a dismemberment abortion was preformed if the woman was a minor at the time.

The bill states that any person who violates the terms of an injunction shall be subject to fined $10,000 for the first violation, $50,000 for the second, and $100,000 for the third violation.

The bill also states that in every proceeding action brought under this Article, the court shall rule whether the anonymity of a woman shall be preserved from public disclosure.

 
 

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