S-623                 _______________________________________________

                                                   SENATE BILL NO. 5125

                        _______________________________________________

State of Washington                               51st Legislature                              1989 Regular Session

By Senators McCaslin, Pullen, Stratton, Owen, Craswell, Johnson, Smith and Metcalf

Read first time 1/16/89 and referred to Committee on Law & Justice.

AN ACT Relating to prohibiting causes of action for wrongful life and wrongful birth; prohibiting a defense, or an award of damages or imposition of a penalty based on the failure or refusal to prevent a live birth; adding new sections to chapter 4.24 RCW; 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, and safety, the support of the state government and its existing public institutions, and shall take effect immediately.

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 or imposition of a penalty based on the claim that, but for the intentional or negligent conduct of another, he or she would have been aborted or otherwise not born.

NEW SECTION. Sec. 3.  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 or imposition of a penalty based on the claim that, but for the intentional or negligent conduct of another, a child would have been aborted or otherwise not born.

NEW SECTION. Sec. 4.  A new section is added to chapter 4.24 RCW to read as follows:

          The failure or refusal of any person to perform or have an abortion is not a defense in any action, and such failure or refusal shall not be considered in awarding damages or imposing a penalty.

NEW SECTION. Sec. 5.  A new section is added to chapter 4.24 RCW to read as follows:

          Section 2 or 3 of this act shall not preclude a cause of action for a claim based on the failure of a contraceptive method or sterilization procedure.  Section 2 or 3 of this act shall not 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 shall not be considered a contraceptive method or a means of preventing, curing, or ameliorating any disease, defect, deficiency, or handicap.