Fifty-fifth Legislature                                            Appropriations

First Regular Session                                                   H.B. 2140

COMMITTEE ON APPROPRIATIONS

SENATE AMENDMENTS TO H.B. 2140

(Reference to House engrossed bill)

Strike everything after the enacting clause and insert:

"Section 1. Title 13, chapter 36, Arizona Revised Statutes, is amended by adding section 13-3603.03, to read:

START_STATUTE13-3603.03. Detectable heartbeat abortion; classification; civil action; definitions

A. Any physician who performs a detectable heartbeat abortion after either determining that the baby has a detectable heartbeat or without medically determining whether or not the baby has a detectable heartbeat is guilty of a class 3 felony.

B. A person who assists a physician in performing an abortion in violation of subsection A of this section is guilty of a class 3 felony.

C. This section does not apply to a detectable heartbeat abortion if it is determined to be medically necessary to save the life of a mother whose life is endangered by a physical disorder, physical illness or physical injury, including a life-endangering physical condition caused by or arising from the pregnancy itself.

D. The father of the baby may bring a civil action to obtain appropriate relief unless the pregnancy resulted from the plaintiff's criminal conduct, including sexual assault or incest, or the plaintiff consented to the detectable heartbeat abortion. Relief pursuant to this subsection includes the following:

1. Monetary damages for all injuries, psychological and physical, resulting from the violation of this section.

2. Statutory damages in an amount equal to ten times the cost of the detectable heartbeat abortion.

E. This section shall not subject a woman on whom a detectable heartbeat abortion is performed to any criminal prosecution or civil liability.

F. A defendant who is accused of an offense under subsection A or B of this section may seek a hearing before the Arizona medical board if the defendant is licensed pursuant to title 32, chapter 13 or the Arizona board of osteopathic examiners in medicine and surgery if the defendant is licensed pursuant to title 32, chapter 17 on whether the physician's conduct was necessary to save the life of the mother whose life was endangered by a physical disorder, physical illness or physical injury, including a life-endangering physical condition caused by or arising from the pregnancy itself. The findings on that issue are admissible, in the court's discretion, on that issue at the trial of the defendant. On a motion of the defendant, the court, in its discretion, shall delay the beginning of the trial for not more than thirty days to permit a hearing to take place.

G. For the purposes of this section:

1. "Detectable heartbeat abortion" means an abortion in which the person performing the abortion does both of the following:

(a) Complies with sections 36-2152, 36-2153, 36-2156 and 36-2158 or deliberately and intentionally disregards the requirements prescribed in section 36-2152, 36-2153, 36-2156 or 36-2158 with the intention and for the purpose of performing an overt act that the person knows will kill the living baby who is of a gestational age to have a detectable heartbeat.

(b) Performs the overt act, other than completion of delivery, that intentionally kills the living baby.

2. "Physician" means a doctor of medicine or a doctor of osteopathy who is licensed pursuant to title 32, chapter 13 or 17 or any other individual legally authorized by this state to perform abortions. Physician includes an individual who is not a physician or who is not otherwise legally authorized by this state to perform abortions but who nevertheless directly performs a detectable heartbeat abortion."

Amend title to conform

2140APPROP

03/31/2021

10:26 PM

S: RSH