S-1920               _______________________________________________

                                                   SENATE BILL NO. 4251

                        _______________________________________________

State of Washington                              49th Legislature                              1985 Regular Session

By Senators Stratton, Craswell, Rasmussen, Johnson, Owen, Metcalf, Cantu and McCaslin

Read first time 2/8/85 and referred to Committee on Judiciary.

AN ACT Relating to prohibiting causes of action for wrongful life and wrongful birth; prohibiting a defense, an award of damages, or a penalty based on the failure or refusal to prevent a live birth; and adding new sections to chapter 4.24 RCW.

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

NEW SECTION. Sec. 1.  A new section is added to chapter 4.24 RCW to read as follows:

          No person may maintain a cause of action or receive an award of damages based on the claim that but for the negligent conduct of another, he or she would have been aborted.

NEW SECTION. Sec. 2.  A new section is added to chapter 4.24 RCW to read as follows:

          No person may maintain a cause of action or receive an award of damages based on the claim that but for the negligent conduct of another, a child would have been aborted.

NEW SECTION. Sec. 3.  A new section is added to chapter 4.24 RCW to read as follows:

          Nothing in section 1 or 2 of this act precludes a cause of action for intentional or negligent malpractice or any other action arising in tort based on the failure of a contraceptive method or sterilization procedure.  Nor shall section 1 or 2 of this act preclude a cause of action based on a claim that, but for the negligent conduct of another, tests or treatment would have been provided or would have been provided properly which would have made possible the prevention, cure, or amelioration of any disease, defect, deficiency, or handicap.  Abortion, however, shall not be considered to be a means of preventing, curing, or ameliorating any disease, defect, deficiency, or handicap.

          The failure or refusal of any person to perform or have an abortion is not a defense in any action, nor shall that failure or refusal be considered in awarding damages or in imposing a penalty.