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

Georgia House Bill 954 (Prior Session Legislation)

NOTE: There are more recent revisions of this legislation. Read Latest Draft

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

12 AM 25 1279

WITHDRAWN
Senators Hooks of the 14th and Thompson of the 33rd offered the following amendment:

Amend the Senate Health and Human Services Committee substitute to HB 954 (LC 25 6051S) by revising line 3 to read as follows:
amend Title 31 of the Official

By revising line 5 to read as follows:
determination of gestational age prior to abortion; to prohibit abortion under certain circumstances; to provide for sanctions and civil and administrative proceedings; to provide for certain reporting

By revising lines 28 and 29 to read as follows:
abortion, is amended by revising Code Section 16-12-140, relating to criminal abortion, as follows:

By adding quotation marks at the end of line 37.

By deleting lines 38 through 82.

By replacing lines 105 through 107 with the following:

(b)(1) No abortion is authorized or shall be performed if the probable gestational age of the unborn child has been determined in accordance with subsection (a) of this Code section to be 20 weeks or more unless the abortion is necessary to:

(A) Avert the death of the pregnant woman or avert serious risk of substantial and irreversible physical impairment of a major bodily function of the pregnant woman. No such condition shall be deemed to exist if it is based on a diagnosis or claim of a mental or emotional condition of the pregnant woman or that the pregnant woman will purposefully engage in conduct which she intends to result in her death or in substantial and irreversible physical impairment of a major bodily function; or

(B) Preserve the life of an unborn child.

(2) In any case described in subparagraph (A) or (B) of paragraph (1) of this subsection, the physician shall terminate the pregnancy in the manner which, in reasonable medical judgment, provides the best opportunity for the unborn child to survive unless, in reasonable medical judgment, termination of the pregnancy in that manner would pose a greater risk either of the death of the pregnant woman or of the substantial and irreversible physical impairment of a major bodily function of the pregnant woman than would another available method. No such greater risk shall be deemed to exist if it is based on a diagnosis or claim of a mental or emotional condition of the pregnant woman or that the pregnant woman will purposefully engage in conduct which she intends to result in her death or in substantial and irreversible physical impairment of a major bodily function. If the child is capable of sustained life, medical aid then available must be rendered.

(d) Failure by any physician to conform to any requirement of this Code section shall constitute unprofessional conduct for purposes of paragraph (7) of subsection (a) of Code Section 43-34-8, relating to medical licensing sanctions.

(c) In any civil or administrative action by a party seeking relief or sanctions for an alleged violation of this Code section, the standard of proof required to establish a violation shall be clear and convincing evidence.

By replacing lines 109 through 112 with the following:

(a) Any health facility licensed by the department as an abortion facility and at which an abortion was performed or attempted shall report to the department in accordance with forms and rules and regulations of the department:

By replacing line 139 with the following:

By deleting lines 142 through 144.

By replacing "(e)" with "(d)" at the beginning of line 145.