Bill Text: GA HB954 | 2011-2012 | Regular Session | Amended

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Bill Title: Abortion; criminal abortion; change certain provisions

Spectrum: Moderate Partisan Bill (Republican 6-1)

Status: (Passed) 2012-05-01 - Effective Date [HB954 Detail]

Download: Georgia-2011-HB954-Amended.html

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12 AM 25 1272ER

ADOPTED
Senators Stone of the 23rd, Bulloch of the 11th and Millar of the 40th offered the following amendment:

Amend the substitute to HB 954 by inserting in the title after "performance of abortions"; the following:
to change certain provisions relating to civil and professional penalties for violations of the "Woman's Right to Know Act";

By deleting "and" at the end of paragraph (4) in Section 1 and adding a new paragraph (4.1) to read as follows:

(4.1) Probable gestational age is an estimate made to assume the closest time to which the fertilization of a human ovum occurred and does not purport to be an exact diagnosis of when such fertilization occurred; and

By adding after Section 3 a new section to read as follows:

SECTION 3A.

Said title is further amended by revising Code Section 31-9A-6.1, relating to civil and professional penalties for violations of the "Woman's Right to Know Act," as follows:

"31-9A-6.1.

(a) In addition to whatever remedies are available under the common or statutory law of this state, failure to comply with the requirements of this chapter shall be reported to the Georgia Composite Medical Board for disciplinary action.

(b) Any plaintiff seeking relief in the form of civil remedies for a violation of Code Section 31-9B-4 shall produce clear and convincing evidence that the physician determining the probable gestational age of the fetus or the physician whose determination was relied upon was negligent in his or her determination.

(c) Any female who solicits or conspires to solicit an abortion who makes a false representation of her age or name shall not have standing to state a claim against any party pursuant to this chapter or Chapter 9B of this title nor shall any agency or instrumentality of the state consider any action related to such claim."