Rep. WETMORE proposes the following amendment (LC-4760.VR0014H):
Amend the bill, as and if amended, SECTION 1, by striking Section 44-41-840(B)(1) and (2) and inserting:
(B)(1) A civil action may be brought pursuant to this section by the mother of the unborn child; the father of the unborn child, including the biological father regardless of marital status; the grandparents of the unborn child; the siblings of the unborn child; or the legal guardians of the unborn child's mother if the mother has not reached the age of the majority or, in the event of the mother of the unborn child's death, then a person that may file an action under Section 5-51-20.(2) An action filed pursuant to this section may be brought individually or jointly. The right of any one eligible party to sue is not contingent upon or barred by another eligible party's decision not to sue.
Amend the bill further, SECTION 1, by striking Section 44-41-840(C)(1) and (2) and inserting:
(C)(1) AnyA plaintiff may recover compensatory damages for bodily injury, emotional distress, and financial losses; punitive damages for wilful or reckless conduct; reasonable attorney's fees and court costs; and any other equitable relief deemed appropriate by the court, provided that the damages are not duplicative.(2) Notwithstanding any other provision of law, the commencement of a civil action pursuant to this section shall not be construed to limit, waive, or otherwise impair the right of anya plaintiff to pursue claims under any other theory of liability including, without limitation, claims for survival or wrongful death pursuant to Chapter 51, Title 15, or any other applicable provision of law, provided that any damages awarded under an alternative theory are not duplicative.
Renumber sections to conform.
Amend title to conform.