31-9A-6.1. Civil and professional penalties for violations; prerequisites for seeking penalties.

Ga. L. 2007, p. 299, § 6/HB 147; Ga. L. 2009, p. 859, § 2/HB 509; Ga. L. 2012, p. 575, § 4/HB 954; repealed by Ga. L. 2019, p. 711, § 9/HB 481, effective January 1, 2020.

Ga. L. 2019, p. 711, § 1/HB 481, not codified by the General Assembly, provides: “This Act shall be known and may be cited as the ‘Living Infants Fairness and Equality (LIFE) Act.’” Ga. L. 2019, p. 711, § 2/HB 481, not codified by the General Assembly, provides: “The General Assembly of Georgia makes the following findings: “(1) In the founding of the United States of America, the State of Georgia and the several states affirmed that: ‘We hold these Truths to be self evident, that all Men are created equal, that they are endowed by their Creator with certain unalienable Rights, that among these are Life, Liberty, and the Pursuit of Happiness — that to secure these Rights, Governments are instituted among men;’ “(2) To protect the fundamental rights of all persons, and specifically to protect the fundamental rights of particular classes of persons who had not previously been recognized under law, the 14th Amendment to the United States Constitution was ratified, providing that, ‘nor shall any State deprive any person of life, liberty, or property, without due process of law; nor deny any person within its jurisdiction the equal protection of the laws’; “(3) Modern medical science, not available decades ago, demonstrates that unborn children are a class of living, distinct persons and more expansive state recognition of unborn children as persons did not exist when Planned Parenthood v. Casey (1992) and Roe v. Wade (1973) established abortion related precedents; “(4) The State of Georgia, applying reasoned judgment to the full body of modern medical science, recognizes the benefits of providing full legal recognition to an unborn child above the minimum requirements of federal law; “(5) Article I, Section I, Paragraphs I and II of the Constitution of the State of Georgia affirm that ‘[n]o person shall be deprived of life, liberty, or property except by due process of law’; and that ‘[p]rotection to person and property is the paramount duty of government and shall be impartial and complete. No person shall be denied the equal protection of the laws’; and “(6) It shall be the policy of the State of Georgia to recognize unborn children as natural persons.” Ga. L. 2019, p. 711, § 13/HB 481, not codified by the General Assembly, provides: “Any citizen of this state shall have standing and the right to intervene and defend in any action challenging the constitutionality of any portion of this Act.” Ga. L. 2019, p. 711, § 14/HB 481, not codified by the General Assembly, provides: “All provisions of this Act shall be severable in accordance with Code Section 1-1-3.”

For article on the 2019 repeal of this Code section, see 36 Ga. St. U.L. Rev. 155 (2019).