AN ACT Relating to the protection of the unborn child; adding new sections to chapter 9.02 RCW; prescribing penalties; and declaring an emergency.

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

NEW SECTION. Sec. 1. This act is necessary for the immediate preservation of the public peace, health, morals, or safety, or support of the state government and its existing public institutions, and shall take effect immediately.

NEW SECTION. Sec. 2. The legislature finds that the right to life is foundational to the securement and enjoyment of all other rights, that the state has a compelling interest in protecting the life of the viable fetus and that such unborn child has all the rights to life and safety that belong to the already-born child. The legislature further finds that the right of a woman to terminate her pregnancy does not necessarily include a right to terminate the life of the unborn viable child.

NEW SECTION. Sec. 3. A woman shall not attempt, perform, obtain, or submit to, and a physician or other person shall not attempt, perform, induce, give, or administer an abortion or any abortion procedure or technique, with the intent to terminate the pregnancy of a woman carrying a viable fetus, except when it is necessary to preserve the life or health of the mother or the life or health of the unborn viable child. Only a person licensed under chapters 18.57 and 18.71 RCW may lawfully perform or attempt to perform an abortion at any time from the time of fertilization of the unborn child. An abortion shall not be performed or attempted until after the woman obtaining the abortion has given her informed consent to the person performing or attempting to perform the abortion.

NEW SECTION. Sec. 4. If an abortion is required under section 3 of this act, the pregnancy may be terminated but the life of the viable fetus shall not be terminated, except when it is necessary to preserve the life or health of the mother.

NEW SECTION. Sec. 5. A pregnancy shall not be terminated under section 3 of this act because of the sex, race, color, or age of the unborn viable child or because of the race, creed, color, national origin, marital status, employment status, financial condition, or age of a parent of such child.

NEW SECTION. Sec. 6. A pregnancy shall not be terminated under section 3 of this act because of the presence of any sensory, mental, or physical handicap or disease of the unborn viable child, or of a parent of such child, except when it is necessary to preserve the life or health of the mother or the life or health of the unborn viable child.

NEW SECTION. Sec. 7. In any action or proceeding brought under sections 2 through 10 of this act, the physician attempting, performing, inducing, giving, or administering an abortion or any abortion procedure or technique shall substantiate with competent medical proof and professional opinion, by a preponderance of the evidence, that at the time the abortion was attempted or performed the unborn child was not viable or that the abortion was necessary to preserve the life or health of the mother or the life or health of the unborn viable child, and that the mother gave her informed consent to the physician prior to the time the physician performed or attempted to perform the abortion.

NEW SECTION. Sec. 8. A violation of any provision of sections 3 through 6 of this act not resulting in the injury or death of the unborn viable child shall constitute the crime of criminal abortion. Criminal abortion is a gross misdemeanor.

NEW SECTION. Sec. 9. A violation of any provision of sections 3 through 6 of this act resulting in bodily injury to such viable child, born or unborn, shall constitute a crime under RCW 9A.36.011 through 9A.36.041. A violation of any provision of sections 3 through 6 of this act resulting in the death of such viable child, born or unborn, shall constitute a crime under RCW 9A.32.010 through 9A.32.070.

NEW SECTION. Sec. 10. Any child born as a result of a termination of pregnancy under sections 2 through 10 of this act shall become a ward of the state until such time as the child is adopted, if the mother of such child affirmatively relinquishes the child by signing a written statement of release terminating all rights and obligations pertaining to the child prior to the termination of the pregnancy.

The department of social and health services shall compile a list of all known public and private agencies or organizations providing adoption services registered with the department, and shall make the list available to the public at large. An agency or organization may register with the department of social and health services by providing the following: (1) The name of the agency; (2) phone number; (3) address, including county; and (4) a brief description of the services offered.

NEW SECTION. Sec. 11. Sections 2 through 10 of this act are each added to chapter 9.02 RCW.

NEW SECTION. Sec. 12. If any provision of this act or its application to any person or circumstance is held invalid, the remainder of the act or the application of the provision to other persons or circumstances is not affected.