House Bill 1313
By: Representatives Evans of the 57th, Miller of the 62nd, Roberts of the 52nd, Clark of the
108th, Cannon of the 58th, and others
A BILL TO BE ENTITLED
AN ACT
To amend Title 16 of the Official Code of Georgia Annotated, relating to crimes and
offenses, so as to provide for certain legal action protections for healthcare professionals
administering medical treatment to pregnant women; to amend Code Section 43-34-8 of the
Official Code of Georgia Annotated, relating to authority to refuse license, certificate, or
permit or issue discipline, suspension, restoration, investigations, hearings on fitness,
immunity, and publication of final disciplinary actions, so as to provide for clarification
regarding what defines "unprofessional conduct" pursuant to certain medical care licensing
provisions; to provide for related matters; to repeal conflicting laws; and for other purposes.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:
SECTION 1.
Title 16 of the Official Code of Georgia Annotated, relating to crimes and offenses, is
amended by revising subsection (b) of and adding a new subsection to Code Section 16-5-80,
relating to feticide, voluntary manslaughter of an unborn child, and penalties, to read as
follows:
"(b) A person commits the offense of feticide if he or she willfully and without legal
justification causes the death of an unborn child by any injury to the mother of such child,
which would be murder if it resulted in the death of such mother, or if he or she, when in
the commission of a felony, causes the death of an unborn child; <ins>however, no state or local
law enforcement agency shall arrest any individual for performing or aiding in the
performance of an abortion in this state, or administering treatment that may lead to an
abortion, if the abortion is performed in accordance within the provisions of Code Section
16-12-141."
"(c.1) Notwithstanding any other law, an individual shall not be subject to investigation,
civil or criminal penalty, or otherwise deprived of their rights under this article based on
their actions or omissions with respect to a pregnancy or an actual, potential, or alleged
pregnancy outcome, including miscarriage, stillbirth, ectopic pregnancy, abortion, or
perinatal death due to causes that occurred in utero."
</ins> SECTION 2.
Said title is further amended by revising paragraph (1) of subsection (h) of Code Section
16-12-141, relating to restrictions on the performance of abortions, availability of records,
civil cause of action, and affirmative defenses, as follows:
"(1) A licensed physician provides medical treatment to a pregnant woman which results
in the accidental or unintentional injury to or death of an unborn child, <ins>or for performing
or aiding in the performance of an abortion in this state, or administering treatment that
may lead to an abortion, to avert her death or for which a delay will create serious risk
of substantial or irreversible impairment of a major bodily function of the pregnant
woman or death of the unborn child;"
</ins> SECTION 3.
Code Section 43-34-8 of the Official Code of Georgia Annotated, relating to authority to
refuse license, certificate, or permit or issue discipline, suspension, restoration,
investigations, hearings on fitness, immunity, and publication of final disciplinary actions,
is amended by revising paragraph (8) of subsection (a) as follows:
"(8) Performed, procured, or aided or abetted in performing or procuring a criminal
abortion <ins>that is in violation of the provisions pursuant to paragraph (1) of subsection (h)
of Code Section 16-12-141;"
</ins> SECTION 4.
All laws and parts of laws in conflict with this Act are repealed.