AN ACT Relating to sex-selection abortions; amending RCW 9.02.110; adding a new chapter to Title 9 RCW; and prescribing penalties.

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

NEW SECTION.  Sec. 1.  TITLE. This chapter may be cited as the "prenatal nondiscrimination act."

(a) A sex-selection abortion is used to prevent the birth of a child of an undesired sex. The victims of sex-selection abortion are overwhelmingly female.

(b) The United States, along with other countries, has petitioned the United Nations General Assembly to declare sex-selection abortion a crime against women.

(c) Countries such as India, Great Britain, and China have taken steps to end sex-selection abortion. For example, China and India do not allow doctors to reveal the sex of an unborn child.

(d) Women are a vital part of our society and culture and possess the same fundamental human rights as men.

(e) The United States prohibits discrimination on the basis of sex in various areas including employment, education, athletics, and health insurance.

(f) It is undesirable to have a sex imbalance within a society, particularly when there is a shortage of women. Countries with high rates of male-preference have experienced ill effects as a result of an increasing number of young, unmarried men.

(g) A large population of young, unmarried men can be a cause of increased violence and militancy within a society.

(2) The legislature intends to ban abortions performed solely for reasons of sex selection.

(1) "Abortion" means the act of using or prescribing any instrument, medicine, drug, or any other substance, device, or means with the intent to terminate the clinically diagnosable pregnancy of a woman with knowledge that the termination by those means will with reasonable likelihood cause the death of the unborn child. Such use, prescription, or means is not an abortion if done with the intent to:

(a) Save the life or preserve the health of the unborn child;

(b) Remove a dead unborn child caused by spontaneous abortion; or

(c) Remove an ectopic pregnancy.

(2) "Incompetent" means any person who has been adjudged a disabled person and has had a guardian appointed for him or her under chapter 11.88 or 13.36 RCW.

(3) "Minor" means any person under the age of eighteen who is not and has not been married and has not been legally emancipated.

(4) "Physician" means any person licensed to practice medicine in this state. The term includes medical doctors and doctors or osteopathy.

(5) "Pregnant woman" means any female, including a female who has not reached the age of eighteen, who is in the reproductive condition of having an unborn child in her uterus.

(6) "Sex-selection abortion" means an abortion performed solely on account of the sex of the unborn child.

(7) "Unborn child" means the offspring of human beings from conception until birth.

(8) "Viability" means the state of fetal development when, in the judgment of the physician based on the particular facts of the case before him or her and in light of the most advanced medical technology and information available to him or her, there is a reasonable likelihood of sustained survival of the unborn child outside the body of his or her mother, with or without artificial support.

(2) Nothing in this section shall be construed to proscribe the performance of an abortion because the unborn child has a genetic abnormality or disorder that is linked to the unborn child's sex.

(3) If this section is held invalid as applied to the period of pregnancy prior to viability, then it shall remain applicable to the period of pregnancy subsequent to viability.

NEW SECTION.  Sec. 5.  CRIMINAL PENALTIES. Any physician or other person who intentionally or knowingly performs or attempts to perform an abortion prohibited by this chapter is guilty of a class C felony punishable under chapter 9A.20 RCW.

(2) A pregnant woman upon whom an abortion has been performed in violation of this chapter, the parent or legal guardian of the woman if she is an unemancipated minor under chapter 13.64 RCW, or the legal guardian of the woman if she has been adjudged incompetent under chapter 11.88 RCW may commence a civil action for any knowing, intentional, or reckless violation of this chapter and may seek both actual and punitive damages. Such damages shall include, but are not limited to:

(a) Money damages for all psychological and physical injuries occasioned by a violation or violations of this chapter; and

(b) Statutory damages equal to three times the cost of the abortion performed in violation of this chapter.

(3) Any physician who performs an abortion in violation of this chapter is considered to have engaged in unprofessional conduct for which his or her license to provide health care services in the state of Washington shall be suspended or revoked by the medical quality assurance commission, chapter 18.71 RCW.

(4) A cause of action for injunctive relief against any physician or other person who has knowingly violated this chapter may be maintained by the woman upon whom the abortion was performed or attempted to be performed in violation of this chapter; any person who is the spouse, parent, guardian, or a current or former licensed health care provider of the woman upon whom an abortion has been performed or attempted to be performed in violation of this chapter; or by the office of the attorney general of Washington. The injunction shall prevent the physician or person from performing further abortions in violation of this chapter.

(5) Any physician or other person who knowingly violates the terms of an injunction issued in accordance with this chapter is subject to contempt proceedings under chapter 7.21 RCW.

NEW SECTION.  Sec. 7.  EXCLUSION OF LIABILITY FOR A WOMAN WHO UNDERGOES AN ABORTION PROHIBITED UNDER THIS CHAPTER. (1) Any woman upon whom an abortion in violation of this chapter is performed or attempted may not be prosecuted under this chapter for a conspiracy to violate this chapter or otherwise held criminally or civilly liable for any violation.

(2) In any criminal proceeding or action brought under this chapter, any woman upon whom an abortion in violation of this chapter is performed or attempted is entitled to all rights, protections, and notifications afforded to crime victims under chapter 7.68 RCW.

(3) In every civil proceeding or action brought under this chapter, the anonymity of the woman upon whom an abortion is performed or attempted shall be preserved from public disclosure unless she gives her consent to such disclosure. A court of competent jurisdiction, upon motion or sua sponte, shall issue orders to the parties, witnesses, and counsel and shall direct the sealing of the record and exclusion of individuals from courtrooms or hearing rooms, to the extent necessary to safeguard her identity from public disclosure. In the absence of written consent of the woman upon whom an abortion has been performed or attempted, anyone who initiates a proceeding or action under section 6(2) or (4) of this act shall do so under a pseudonym.

(2) It is not the intention of this chapter to make lawful an abortion that is currently unlawful.

Sec. 11.  RCW 9.02.110 and 1992 c 1 s 2 are each amended to read as follows:

The state may not deny or interfere with a woman's right to choose to have an abortion prior to viability of the fetus, except when prohibited by chapter 9.--- RCW (the new chapter created in section 12 of this act), or to protect her life or health.

A physician may terminate and a health care provider may assist a physician in terminating a pregnancy as permitted by this section.

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