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REFERENCE TITLE: civil liability; wrongful life; birth |
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State of Arizona Senate Fiftieth Legislature Second Regular Session 2012
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SB 1359 |
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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
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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:
12-718. 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.