H-273                _______________________________________________

                                                    HOUSE BILL NO. 202

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State of Washington                              49th Legislature                              1985 Regular Session

By Representatives Patrick, Padden, Hargrove, Fuhrman, Bristow, L. Smith, Dobbs, Barrett, Van Luven, Bond, Hastings, J. Williams, West, B. Williams, Long, Sayan, Isaacson and Ballard

Read first time 1/23/85 and referred to Committee on Judiciary. Referred to Committee on Social & Health Services 1/25/85.

AN ACT Relating to abortion; and adding a new section to chapter 9.02 RCW.

BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF WASHINGTON:

NEW SECTION. Sec. 1.  A new section is added to chapter 9.02 RCW to read as follows:

          (1) No person may intentionally perform an abortion with knowledge that the pregnant woman is seeking the abortion solely on account of the sex of the fetus.

          (2) Nothing in this section prohibits the performance of an abortion on account of the sex of the fetus because of a genetic disorder linked to that sex.

          (3) If the application of this section to the period of pregnancy prior to viability is held invalid, then such invalidity shall not affect its application to the period of pregnancy subsequent to viability.

          (4) As used in this section, "viability" means that stage of fetal development when, in the medical judgment of the attending physician based on the particular facts of the case, there is a reasonable likelihood of sustained survival of the fetus outside the womb, with or without artificial support.