§ 20-16-2101. Title

This subchapter shall be known and may be cited as the “Down Syndrome Discrimination by Abortion Prohibition Act”.

§ 20-16-2102. Definitions

As used in this subchapter: (1) (A) “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 any of those means will with reasonable likelihood cause the death […]

§ 20-16-2103. Prohibition — Down Syndrome

(a) A physician shall not intentionally perform or attempt to perform an abortion with the knowledge that a pregnant woman is seeking an abortion solely on the basis of: (1) A test result indicating Down Syndrome in an unborn child; (2) A prenatal diagnosis of Down Syndrome in an unborn child; or (3) Any other […]

§ 20-16-2104. Criminal penalties

A physician or other person who knowingly performs or attempts to perform an abortion prohibited by this subchapter is guilty of a Class D felony.

§ 20-16-2105. Civil penalties and professional sanctions

(a) (1) A physician who knowingly violates this subchapter is liable for damages and shall have his or her medical license revoked as applicable. (2) The physician may also be enjoined from future acts prohibited by this subchapter. (b) (1) A woman who receives an abortion in violation of this subchapter without being informed of […]

§ 20-16-2106. Exclusion of liability for a woman who undergoes prohibited abortion

(a) A woman who receives or attempts to receive an abortion in violation of this subchapter shall not be prosecuted under this subchapter for conspiracy to violate this subchapter or otherwise be held criminally or civilly liable for any violation of this subchapter. (b) In a criminal proceeding or action brought under this subchapter, a […]

§ 20-16-2107. Right of intervention

The General Assembly by joint resolution may appoint one (1) or more of its members who sponsored or cosponsored this subchapter in his or her official capacity to intervene as a matter of right in any case in which the constitutionality of this law is challenged.