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MS HB519

Bill

Status

Passed

4/15/2016

Primary Sponsor

Sam Mims

Click for details

Origin

House of Representatives

2016 Regular Session

AI Summary

  • Prohibits dismemberment abortion procedures, defined as purposely dismembering a living unborn child using clamps, forceps, scissors, or similar instruments to kill the child, unless necessary to prevent serious health risk to the mother.

  • Exempts the pregnant woman from liability; also exempts medical staff and pharmacists acting under physician direction from criminal or civil liability for dismemberment abortion violations.

  • Establishes a priority remedy structure: injunctive relief first, then civil damages, then criminal prosecution; allows women, family members, and healthcare providers to seek injunctions against violators.

  • Authorizes civil damages including actual injuries and statutory damages equal to three times the cost of the abortion; awards reasonable attorney's fees to prevailing plaintiffs.

  • Establishes criminal penalties of up to $10,000 fine and two years imprisonment for violations, but only after civil remedies have been exhausted; effective July 1, 2016.

Legislative Description

MS Unborn Child Protection from Dismemberment Abortion Act; create.

Last Action

Approved by Governor

4/15/2016

Committee Referrals

Public Health and Welfare2/29/2016
Public Health and Human Services2/8/2016

Full Bill Text

No bill text available