Ok I post a lot of dumb shit, but I am asking...nay begging my followers to spread this so people will be well informed about this bill. I will also be deleting my previous post as it contains a lot of misinformation.
Hello there all, I am a licensed lawyer in Georgia about 2.5 years into practice. I have read this bill (it is only 10 pages). I have seen a lot of misinformation so I would like to break the bill down (good and bad) to combat that. Itās a long one so bear with me.
1) This bill does not go into effect until January 2020
2) The bill grants constitutional personhood to embyos falling within the bill (when there is a detectable heartbeat).
3. This personhood means that the pregnant woman is able to get child support, but only to the extent of medical and pregnancy related expenses and that under Georgia law (not federal) the embryo would be considered a dependent.
4. Despite being a catchy name this is not technically a āsix week abortion banā bill. It targets abortions on embryos with a detectable heartbeat....which could happen as early as six weeks.
5. Despite what people are saying, the bill explicitly excludes miscarriage, stillborn, and ectopic pregnancy (more on this when I get to the criminal portion). It also explicitly excludes abortions resulting from medical necessity, defined as Ā ānecessary in order to prevent the death of the pregnant woman or the substantial and irreversible physical impairment of a major bodily function of the pregnant woman.ā However it notes that this exception does not apply where the woman is in a mental/emotional condition that would cause her to purposefully engage in essentially suicidal conduct. Also there is an exception for medical emergency.
6.There is also an exception for when the embyro is āmedically futileā, meaning that in the doctorās reasonable medical judgment there is a defect āincompatible with sustaining life after birth.ā
7. The bill does outright ban abortions after 20 weeks, except in cases of incest or rape. However, in order to receive an abortion under the exception the woman must have filed a police report regarding the offense.
8.The bill requires medical personnel to render medical aid to an aborted embryo/fetus if it is ācapable of sustained lifeā
9.Abortions performed after the first trimester will now be required to occur in a hospital, surgery center, or licensed abortion facility.
The criminal portion has received the most misinformation so I saved it for last.
10. THIS BILL DOES NOT EXPLICITLY CRIMINALIZE ABORTIONS
11. It does however make health records available to local prosecutors (a hideous violation of HIPPA as well) and lists affirmative defenses (which are basically āI did it but my reason for doing it means I shouldnāt be punishedā) to prosecution under the chapter. It also gives unidentified parties the right to sue It would not make sense for either of these items to be in the bill if it werenāt now permissive to prosecute abortions under the new law.
Ā Ā Ā Ā 11a. Not part of the bill but informational: very light research indicates that this has already been tried and largely unsuccessful under current law. Though it is likely that this bill COULD result in criminal prosecution keep in mind the difference between could and will. Prosecutorās offices are notoriously underfunded and these would likely be difficult cases. Any risk of prosecution is too much and I absolutely want this bill overturned, but it does not seem likely that it will result in a rash of prosecutions.
12. While it does not explicitly criminalize the doctor for performing the abortion, it does explicitly subject their medical license to professional sanctions.
This bill is bad, very bad. It aims to send women back to back alley abortions. I believe it is unconstitutional and I sincerely hope that the ACLU takes up this fight and runs it all the way up to the Supreme Court. However there is one bright light.
13. This bill gives EVERY GEORGIA CITIZEN the right to challenge the constitutionality of this bill in court. Sue...join a class action. Legalized abortion was not the beginning of abortions, it was the end of women dying from them. Challenge this and hopefully we can prevent any more unnecessary deaths
Please spread this far and wide so that everyone knows the actual facts and can make informed arguments against this terrible piece of legislation.