Senator CASH proposed the following amendment (5399R032.KMM.RJC):

Amend the bill, as and if amended, by striking Section 44-41-810 and inserting:

/ Section 44-41-810.For purposes of this article:

(1) 'Abortion' means the use of an instrument, medicine, drug, or other substance or device with intent to terminate the pregnancy of a woman known to be pregnant for reasons other than to increase the probability of a live birth, to preserve the life or health of the child after live birth, or to remove a dead unborn human being.

(2) 'Conception' means the fecundation of the ovum by the spermatozoa.

( 3)'Contraceptive' means a drug, device, or chemical administered before the time when a pregnancy could be determined through conventional medical testing and if the contraceptive drug, device, or chemical is sold, used, prescribed, or administered in accordance with manufacturer instructions.

(4) 'Physician' means a person licensed to practice medicine in this State.

(5) 'Pregnancy' means the condition of a woman carrying a fetus or embryo within her body as the result of conception.

(6) 'Probable gestational age' means the age of an unborn human being as calculated from the first day of the last menstrual cycle of a pregnant woman.

(7) 'Rape' has the same meaning as criminal sexual conduct, regardless of the degree of criminal sexual conduct.

(8) 'Reasonable medical judgment' means a medical judgment that would be made by a reasonably prudent physician, knowledgeable about the case and the treatment possibilities with respect to the medical conditions involved.

(9) 'Selective reduction' means a procedure associated with assistive reproductive technologies that stops the development of one or more unborn human beings in utero.

(10) 'Unborn human being' each mean an individual organism of the species homo sapiens from conception until live birth. /

Amend the committee amendment further, as and if amended, by striking Section 44-41-820(A) and (B) and inserting:

/ Section 44-41-820.(A) It is unlawful to knowingly administer to, prescribe for, or distribute to any woman known to be pregnant any medicine, drug, or other substance with the specific intent of causing an abortion.

(B) It is unlawful to knowingly use or employ any instrument, device, means, or procedure upon a woman known to be pregnant with the specific intent of causing an abortion. /

Amend the committee amendment further, as and if amended, on page [5399-4] by striking line 1 and inserting:

/ that all reasonable efforts were made to save the unborn human being in the event it /

Amend the committee amendment further, as and if amended, on page [5399-5] by striking line s 1 and 2 and inserting:

/ death for another unborn human being, or the substantial and irreversible physical impairment of a major bodily function of another unborn human being. /

Amend the committee amendment further, as and if amended, by striking Section 44-41-840 and inserting:

/ Section 44-41-850.(A) In addition to whatever remedies are available under the common or statutory law of this State, failure to comply with the requirements of this article shall provide the basis for a civil action as described in this section.

(B)Any pregnant woman upon whom an abortion has been performed, induced, or coerced in violation of this article may maintain an action against the person or persons who violated this article for actual and punitive damages. In addition to all other damages, and separate and distinct from all other damages, each plaintiff is entitled to statutory damages of ten thousand dollars for each violation of this article to be imposed on each defendant of each such violation.

(C) A separate and distinct cause of action for injunctive relief against any person or persons who have violated this article may be maintained by:

(1) the woman upon whom an abortion was performed or induced in violation of this article;

(2) the parent or guardian of the pregnant woman if the woman had not attained the age of eighteen years at the time of the abortion or has died as a result of the abortion;

(3) a solicitor or prosecuting attorney with proper jurisdiction; or

(4) the Attorney General.

The injunction prevents the person or persons who violated the article from further violation of this article in this State.

(D) If judgment is rendered in favor of the plaintiff in an action described in this section, the court also shall render judgment for reasonable costs and attorney's fees in favor of the plaintiff against the defendant.

(E) No damages, costs, or attorney's fee may be assessed against the woman upon whom an abortion was performed or induced.

(F) In no case may civil damages be awarded to any plaintiff if the pregnancy resulted from the plaintiff's criminal conduct.

(G) A civil cause of action under this section must be brought within three years from the date of the abortion and is not subject to the limitations and requirements of Chapter 79, Title 15. /