Bill Text: GA SB210 | 2011-2012 | Regular Session | Engrossed

---

Bill Title: Torts; provide for liability for violations of laws relating to abortion; definitions; wrongful death of an unborn child

Spectrum: Partisan Bill (Republican 1-0)

Status: (Engrossed - Dead) 2011-03-22 - House Second Readers [SB210 Detail]

Download: Georgia-2011-SB210-Engrossed.html

---

11 SB210/CSFA/2

Senate Bill 210

By: Senator Loudermilk of the 52nd

AS PASSED SENATE

A BILL TO BE ENTITLED
AN ACT

To amend Chapter 1 of Title 51 of the Official Code of Georgia Annotated, relating to general provisions regarding torts, so as to provide for liability for violations of laws relating to abortion; to provide for definitions; to provide for the wrongful death of an unborn child; to provide for immunity under certain circumstances; to provide for witness testimony and evidence; to provide for related matters; to provide for an effective date and applicability; to repeal conflicting laws; and for other purposes.

BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:

SECTION 1.

Chapter 1 of Title 51 of the Official Code of Georgia Annotated, relating to general provisions regarding torts, is amended by adding a new Code section to read as follows:

"51-1-52.

(a) As used in this Code section, the term:

(1) 'Full value of the life of the unborn child' shall have the same meaning as 'full value of the life of the decedent as shown by the evidence' in Code Section 51-4-1.

(2) 'Homicide' shall have the same meaning as defined in Code Section 51-4-1.

(3) 'Unborn child' shall have the same meaning as provided in Code Section 16-5-80.

(b) Any female upon whom an abortion is performed in violation of Code Section 15-11-112, 15-11-116, 16-12-140, 31-9A-3, or 31-9A-5 or subsection (b) or (c) of Code Section 16-12-141 may recover in a civil action from the person who engaged in such violation all damages available to her under Georgia law for any tort.

(c) In every case of the homicide of a unborn child resulting from a violation as described in subsection (b) of this Code section, there shall be some party entitled to recover the full value of the life of the unborn child, either as provided in Chapter 4 of this title or as provided in paragraphs (1) through (3) and paragraph (6) of subsection (c) of Code Section 19-7-1 by substituting the word 'unborn' for the word 'child' where it appears in the referenced paragraphs. In actions for recovery of the full value of the life of the unborn child, the fact that such child was conceived out of wedlock shall be no bar to recovery.

(d) (1) Any female upon whom an abortion is performed shall not be held liable as a result of having an abortion or for any violation of Code Section 15-11-112, 15-11-116,

16-12-140, 31-9A-3, or 31-9A-5 or subsection (b) or (c) of Code Section 16-12-141.

(2) 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 Code section."

SECTION 2.

This Act shall become effective upon its approval by the Governor or upon its becoming law without such approval and shall apply to all causes of action arising on or after the effective date of this Act.

SECTION 3.

All laws and parts of laws in conflict with this Act are repealed.