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2020 SESSION
House Bills on Second Reading
Regular Calendar
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H.B. 980.
A BILL to amend and reenact §§ 16.1-77, 18.2-72, 18.2-76, and
32.1-127 of the Code of Virginia, relating to provision of abortion. 20106266D
- 01/22/20 House: Committee substitute printed 20106266D-H1
- 01/07/20 House: Prefiled and ordered printed; offered 01/08/20 20105164D
Patrons--Herring, Carroll Foy, Hope, Kory, Levine, Lopez, Tran and Willett
Reported from Committee for Courts of Justice with substitute (12-Y 9-N)
YEAS--Herring, Watts, Hope, Simon, Sullivan, Levine, Heretick, Mullin, Bourne, Delaney, Carroll Foy, Scott--12.
NAYS--Kilgore, Bell, Ransone, Leftwich, Adams, L.R., Campbell, J.L., Collins, Miyares, Campbell, R.R.--9.
ABSTENTIONS--0.
NOT VOTING--Lindsey--1.
AMENDMENT(S) PROPOSED BY THE HOUSE
DEL. GILBERT [Ruled not Germane]
- 1. Line 6, substitute, Title, after Virginia
- insert
- 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
- insert
- 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
- insert
- § 18.2-74.3. Born Alive Infant Protection Act.
- 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
- insert
- and by adding sections numbered 18.2-74.5 of the Code of
Virginia
DEL. GILBERT [Ruled not Germane]
- 1. After line 79, substitute
- insert
- § 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.