SB 321 — AN ACT relating to abortion.

UNOFFICIAL COPY 22 RS BRSB 1125321/GA AN ACT relating to abortion.

(b) At approximately eight (8) weeks' gestation, an unborn child begins to move about in the womb;

113, 162 (1973), and specifically that "the state has an interest in protecting the life of the unborn."unborn". Planned Parenthood of Page 1 of 9 BR112500.100 - 1125 - XXXX Jacketed UNOFFICIAL COPY 22 RS BR 1125 Southeastern Pennsylvania v.

Planned Parenthood of Page 1 of 9 SB032110.100 - 1125 - XXXX GA UNOFFICIAL COPY 22 RS SB 321/GA Southeastern Pennsylvania v.

(3) "Medical emergency" means a condition that in the physician's reasonable medical judgment, based upon the facts known to the physician at that time, so complicates the woman's pregnancy as to necessitate the immediate performance or inducement of an abortion in order to prevent the death of the pregnant woman or to avoid a Page 2 of 9 BR112500.100SB032110.100 - 1125 - XXXX JacketedGA UNOFFICIAL COPY 22 RS BRSB 1125321/GA serious risk of the substantial and irreversible impairment of a major bodily function of the pregnant woman that delay in the performance or inducement of the abortion would create;

Page 3 of 9 BR112500.100SB032110.100 - 1125 - XXXX JacketedGA UNOFFICIAL COPY 22 RS BRSB 1125321/GA (1) No person shall intentionally perform or induce or intentionally attempt to perform or induce an abortion on a pregnant woman when the probable gestational[post- fertilization] age of the unborn child is fifteen (15)[twenty (20)] weeks or greater.

Page 4 of 9 BR112500.100SB032110.100 - 1125 - XXXX JacketedGA UNOFFICIAL COPY 22 RS BRSB 1125321/GA (b) Except when a medical emergency exists that prevents compliance with one (1) or more of the following conditions, the affirmative defense set forth in subsection (2)(b) of this section does not apply unless the physician who intentionally performs or induces or intentionally attempts to perform or induce the abortion complies with all of the following conditions:

The physician who intentionally performs or induces or intentionally attempts to perform or induce the abortion terminates or attempts to terminate the pregnancy in the manner that provides the best opportunity for the unborn child to survive, unless that physician determines, in the physician's reasonable medical judgment, based on the facts known to Page 5 of 9 BR112500.100SB032110.100 - 1125 - XXXX JacketedGA UNOFFICIAL COPY 22 RS BRSB 1125321/GA the physician at that time, that the termination of the pregnancy in that manner poses a greater risk of death of the pregnant woman or a greater risk of the substantial and irreversible impairment of a major bodily function of the pregnant woman than would other available methods of abortion;

In any action under this subsection, the Page 6 of 9 BR112500.100SB032110.100 - 1125 - XXXX JacketedGA UNOFFICIAL COPY 22 RS BRSB 1125321/GA court also may award any injunctive or other equitable relief that the court considers appropriate.

(3) The state Board of Medical Licensure shall suspend a physician's license to practice Page 7 of 9 BR112500.100SB032110.100 - 1125 - XXXX JacketedGA UNOFFICIAL COPY 22 RS BRSB 1125321/GA medicine in this state for a period of not less than six (6) months if the physician violates this section.

Page 8 of 9 BR112500.100SB032110.100 - 1125 - XXXX JacketedGA UNOFFICIAL COPY 22 RS BRSB 1125321/GA (a) That will result in the bodily dismemberment, crushing, or human vivisection of the unborn child;

Page 9 of 9 BR112500.100SB032110.100 - 1125 - XXXX JacketedGA