Bill Text: AZ SB1359 | 2012 | Fiftieth Legislature 2nd Regular | Introduced

NOTE: There are more recent revisions of this legislation. Read Latest Draft
Bill Title: Civil liability; wrongful life; birth

Status: (Passed) 2012-04-17 - Governor Signed [SB1359 Detail]

Download: Arizona-2012-SB1359-Introduced.html

 

 

 

REFERENCE TITLE: civil liability; wrongful life; birth

 

 

 

State of Arizona

Senate

Fiftieth Legislature

Second Regular Session

2012

 

 

SB 1359

 

Introduced by

Senators Barto, Burges, Gould, Lewis, Smith; Representatives Kavanagh, Lesko, Montenegro, Proud, Tobin, Yee: Senators Allen, Antenori, Crandall, Driggs, Gray, Griffin, Klein, Melvin, Murphy, Shooter, Yarbrough; Representatives Ash, Barton, Crandell, Forese, Gray R, Harper, Judd, Mesnard, Pratt, Urie

 

 

AN ACT

 

amending title 12, chapter 6, article 12, Arizona Revised Statutes, by adding section 12-718; relating to civil liability.

 

 

(TEXT OF BILL BEGINS ON NEXT PAGE)

 



Be it enacted by the Legislature of the State of Arizona:

Section 1.  Title 12, chapter 6, article 12, Arizona Revised Statutes, is amended by adding section 12-718, to read:

START_STATUTE12-718.  Civil liability; wrongful birth, life or conception claims; application

A.  A person is not liable for damages in any civil action for wrongful birth based on a claim that, but for an act or omission of the defendant, a child or children would not or should not have been born.

B.  A person is not liable for damages in any civil action for wrongful life based on a claim that, but for the negligent act or omission of the defendant, the person bringing the action would not or should not have been born.

C.  A person is not liable for damages in any civil action for daily living, medical, educational or other expenses necessary to raise a child to the age of majority, on a wrongful pregnancy or wrongful conception claim that, but for an act or omission of the defendant, the child would not or should not have been conceived.

D.  This section applies to any claim regardless of whether the child is born healthy or with a birth defect or other adverse medical condition. 

E.  This section does not apply to any civil action for damages for an intentional or grossly negligent act or omission, including an act or omission that violates a criminal law.END_STATUTE

feedback