AMENDMENT(S) REJECTED BY THE HOUSE

DEL. GILBERT [Ruled not Germane]

1. Line 6, substitute, Title, after Virginia

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and by adding sections numbered 18.2-74.3 and 18.2-74.4 of the Code of Virginia

DEL. GILBERT [Ruled not Germane]

2. Line 9, substitute, after Virginia

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and by adding sections numbered 18.2-74.3 and 18.2-74.4 of the Code of Virginia

DEL. GILBERT [Ruled not Germane]

3. After line 79, substitute

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§ 18.2-74.3. Born Alive Infant Protection Act.

A. In determining the meaning of any act of the General Assembly, portion of the Code of Virginia, provision of the Virginia Administrative Code, or ruling, regulation, or interpretation of the various administrative bureaus and agencies of the Commonwealth of Virginia, the terms "person," "human being," "child," and "individual" shall include every infant member of the species Homo sapiens who is born alive at any stage of development.

B. As used in this section, the term "born alive," with respect to a member of the species Homo sapiens, means the complete expulsion or extraction from his mother of that member, at any stage of development, who after such expulsion or extraction breathes or has a beating heart, pulsation of the umbilical cord, or definite movement of voluntary muscles, regardless of whether the umbilical cord has been cut and regardless of whether the expulsion or extraction occurs as a result of natural or induced labor, cesarean section, or induced abortion.

C. If an abortion results in the live birth of an infant, the infant is a legal person for all purposes under the laws of the Commonwealth and entitled to all protections of such laws.

D. Any infant born alive after an abortion within a hospital, clinic, or other facility has the same claim to the protection of the law that would arise for any newborn, or for any person who comes to a hospital, clinic, or other facility for screening and treatment or otherwise becomes a patient within its care.

§ 18.2-74.4. Requirements for health care practitioners; penalties.

A. In the case of an abortion or attempted abortion that results in a child born alive:

1. Degree of care required; immediate admission to a hospital. Any health care practitioner present at the time a child is born alive shall (i) exercise the same degree of professional skill, care, and diligence to preserve the life and health of the child as a reasonably diligent and conscientious health care practitioner would render to any other child born alive at the same gestational age and (ii) following the exercise of skill, care, and diligence required under clause (i), ensure that the child born alive is immediately transported and admitted to a hospital.

2. Mandatory reporting of violations. A health care practitioner or any employee of a hospital, a physician's office, or an abortion clinic who has knowledge of a failure to comply with the requirements of subdivision 1 shall immediately report the failure to an appropriate state or federal law enforcement agency or both.

Any person who violates this subsection shall be fined not less than $100,000 and imprisoned for not more than five years, or both.

B. Intentional killing of child born alive. Whoever intentionally performs or attempts to perform an overt act that kills a child born alive described under subsection A is guilty of a Class 2 felony.

C. Bar to prosecution. The mother of a child born alive described under subsection A may not be prosecuted for a violation of this section, an attempt to violate this section, a conspiracy to violate this section, or an offense based on such a violation.

D. Civil action by woman on whom abortion is performed. If a child is born alive and there is a violation of subsection A, the woman upon whom the abortion was performed or attempted may, in a civil action against any person who committed the violation, obtain appropriate relief.

E. Appropriate relief. Appropriate relief in a civil action under this section includes objectively verifiable money damage for all injuries, psychological and physical, occasioned by the violation of subsection A, statutory damages equal to three times the cost of the abortion or attempted abortion; and punitive damages.

F. Attorney fees for plaintiff. The court shall award a reasonable attorney fee to a prevailing plaintiff in a civil action under this section.

G. Attorney fee for defendant. If a defendant in a civil action under this section prevails and the court finds that the plaintiff's suit was frivolous, the court shall award a reasonable attorney fee in favor of the defendant against the plaintiff.

H. As used in this section:

"Abortion" means the use or prescription of any instrument, medicine, drug, or any other substance or device (i) to intentionally kill the unborn child of a woman known to be pregnant or (ii) to intentionally terminate the pregnancy of a woman known to be pregnant, with an intention other than (a) after viability, to produce a live birth and preserve the life and health of the child born alive or (b) to remove a dead unborn child.

"Attempt" with respect to abortion, means conduct that, under the circumstances as the actor believes them to be, constitutes a substantial step in a course of conduct planned to culminate in performing an abortion.

"Born alive" means as that term is defined § 18.2-74.3.

DEL. GILBERT [Ruled not Germane]

1. Line 6, substitute, Title, after Virginia

insert

and by adding a section numbered 18.2-74.5 of the Code of Virginia

DEL. GILBERT [Ruled not Germane]

2. Line 9, substitute, after Virginia

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and by adding sections numbered 18.2-74.5 of the Code of Virginia

DEL. GILBERT [Ruled not Germane]

1. After line 79, substitute

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§ 18.2-74.5. Compensation for fetal tissue prohibited; penalty.

As a condition of licensure to perform abortion services, it shall be unlawful for (i) any physician licensed by the Board of Medicine to practice medicine and surgery, (ii) any person licensed by the Board of Medicine as a physician assistant and acting within his scope of practice, (iii) any person jointly licensed by the Boards of Medicine and Nursing as a nurse practitioner or certified nurse midwife and acting within his scope of practice, or (iv) any other person or provider or other entity to sell or exchange for consideration of anything of value any fetal tissue, remains, or other products of an abortion procedure, or to be reimbursed for any costs involved in the collection, transport, storage, implantation, processing, or preservation of the same. Violation of this section shall also constitute a Class 1 misdemeanor.