Reps. T. MOORE and EDGERTON propose the following amendment (LC-4760.VR0027H):

Amend the bill, as and if amended, SECTION 1, by striking Section 44-41-840(B)(1) and inserting:

 (B)(1)(a) 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.

Amend the bill further, SECTION 1, by striking Section 44-41-840(B)(2) and inserting:

  (2)(b) 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.
  (2)(a) A person who intentionally administers an abortion-inducing drug to another person without the other person's consent that results in the death of or bodily injury to a child who is in utero is guilty of a separate offense under this subsection.
   (b)(i) Except as otherwise provided in this subsection, the punishment for a separate offense, as provided for in subsection (B)(2)(a), is the same as the punishment provided for that criminal offense had the death or bodily injury occurred to the unborn child's mother.
    (ii) Notwithstanding any provision of this section or any other provision of law, the death penalty must not be imposed for an offense prosecuted under this section.
   (c) Nothing in this subsection may be construed to permit the prosecution under this subsection:
    (i) of a person for conduct relating to an abortion for which the consent of the pregnant woman, or a person authorized by law to act on her behalf, has been obtained or for which such consent is implied by law;
    (ii) of a person for any medical treatment of the pregnant woman or her unborn child; or
    (iii) of a woman with respect to her unborn child.
   (d) Nothing in this section shall be construed to broaden or restrict any other rights currently existing for the child who is in utero, including prosecution pursuant to Section 16-3-1083.

Renumber sections to conform.

Amend title to conform.