HB1313: HB1313 Crimes and offenses; certain legal action protections for healthcare professionals administering medical treatment to pregnant women; provide

26 LC 48 1392 House Bill 1313 By: Representatives Evans of the 57th, Miller of the 62nd, Roberts of the 52 nd, 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, re lating to crimes and1 offenses, so as to provide for certain legal action protections for healthcare professionals2 administering medical treatment to pregnant women; to amend Code Section 43-34-8 of the3 Official Code of Georgia Annotated, relating to authority to re fuse license, certificate, or4 permit or issue discipline, suspension, restoration, investigat ions, hearings on fitness,5 immunity, and publication of final disciplinary actions, so as to provide for clarification6 regarding what defines "unprofessional conduct" pursuant to certain medical care licensing7 provisions; to provide for related matters; to repeal conflicting laws; and for other purposes.8 BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:9 SECTION 1.10 Title 16 of the Official Code of Georgia Annotated, relating to crimes and offenses, is11 amended by revising subsection (b) of and adding a new subsection to Code Section 16-5-80,12 relating to feticide, voluntary manslaughter of an unborn child , and penalties, to read as13 follows:14 "(b) A person commits the offense of feticide if he or she will fully and without legal15 justification causes the death of an unborn child by any injury to the mother of such child,16 H. B. 1313 - 1 - 26 LC 48 1392 which would be murder if it resulted in the death of such mother, or if he or she, when in17 the commission of a felony, causes the death of an unborn child; however, no state or local18 law enforcement agency shall arrest any individual for performi ng or aiding in the19 performance of an abortion in this state, or administering trea tment that may lead to an20 abortion, if the abortion is performed in accordance within the provisions of Code Section21 16-12-141."22 "(c.1) Notwithstanding any other law, an individual shall not be subject to investigation,23 civil or criminal penalty, or otherwise deprived of their rights under this article based on24 their actions or omissions with respect to a pregnancy or an ac tual, potential, or alleged25 pregnancy outcome, including miscarriage, stillbirth, ectopic p regnancy, abortion, or26 perinatal death due to causes that occurred in utero."27 SECTION 2.28 Said title is further amended by revising paragraph (1) of subs ection (h) of Code Section29 16-12-141, relating to restrictions on the performance of abortions, availability of records,30 civil cause of action, and affirmative defenses, as follows:31 "(1) A licensed physician provides medical treatment to a pregnant woman which results32 in the accidental or unintentional injury to or death of an unborn child, or for performing33 or aiding in the performance of an abortion in this state, or administering treatment that34 may lead to an abortion, to avert her death or for which a dela y will create serious risk35 of substantial or irreversible impairment of a major bodily fun ction of the pregnant36 woman or death of the unborn child;"37 SECTION 3.38 Code Section 43-34-8 of the Official Code of Georgia Annotated, relating to authority to39 refuse license, certificate, or permit or issue discipline, sus pension, restoration,40 H. B. 1313 - 2 - 26 LC 48 1392 investigations, hearings on fitness, immunity, and publication of final disciplinary actions,41 is amended by revising paragraph (8) of subsection (a) as follows:42 "(8) Performed, procured, or aided or abetted in performing or procuring a criminal43 abortion that is in violation of the provisions pursuant to paragraph (1) of subsection (h)44 of Code Section 16-12-141;"45 SECTION 4.46 All laws and parts of laws in conflict with this Act are repealed.47 H. B. 1313 - 3 -