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Bill: Anti-Abortion Law

Details

Submitted by[?]: One-Voice Party (IP)

Status[?]: defeated

Votes: This is an ordinary bill. It requires more yes votes than no votes. This bill will not pass any sooner than the deadline.

Voting deadline: June 2603

Description[?]:

Section 1. Title. This decree shall be known as the Anti-Abortion Law.

Section 2. Definition of Terms. The following terms shall mean as follows:

(a) "Abortion" is the expulsion from the uterus of an embryo or fetus before viability (20 weeks' gestation [18 weeks after fertilization] or fetal weight less than 500 g). A distinction made between abortion and premature birth is that premature infants are those born after the stage of viability but before 37 weeks' gestation. Abortion may be either spontaneous (occurring from natural causes) or induced (artificially or therapeutically).

(b) "Spontaneous Abortion" is the non-induced embryonic or fetal death or passage of products of conception before the 20th wk of pregnancy.

(c) "Induced Abortion" is the act of ending a pregnancy intentionally. It may be done with surgery or medicine.

(d) "Infanticide" is the murder of a wholly born infant.

(e) "Prision Correccional" is the sentence of six months and one day to six years

(f) "Prision Mayor" is the sentence of more than six years and a day sentence of more than six years and a day

(g) "Reclusion Temporal" is the sentence of 6 years and a day to 20 years

Section 3. Penalties. Any person guilty of infanticide and abortion shall be punished as hereunder indicated:

Art. 001. Infanticide. — The penalty provided for murder shall be imposed upon any person who shall kill any child less than three days of age.

If the crime penalized in this article be committed by the mother of the child for the purpose of concealing her dishonor, she shall suffer the penalty of prision correccional in its medium and maximum periods, and if said crime be committed for the same purpose by the maternal grandparents or either of them, the penalty shall be prision mayor.

Art. 002. Intentional abortion. — Any person who shall intentionally cause an abortion shall suffer:

1. The penalty of reclusion temporal, if he shall use any violence upon the person of the pregnant woman.

2. The penalty of prision mayor if, without using violence, he shall act without the consent of the woman.

3. The penalty of prision correccional in its medium and maximum periods, if the woman shall have consented.

Art. 003. Unintentional abortion. — The penalty of prision correccional in its minimum and medium period shall be imposed upon any person who shall cause an abortion by violence, but unintentionally.

Art. 004. Abortion practiced by the woman herself of by her parents. — The penalty of prision correccional in its medium and maximum periods shall be imposed upon a woman who shall practice abortion upon herself or shall consent that any other person should do so.

Any woman who shall commit this offense to conceal her dishonor, shall suffer the penalty of prision correccional in its minimum and medium periods.

If this crime be committed by the parents of the pregnant woman or either of them, and they act with the consent of said woman for the purpose of concealing her dishonor, the offenders shall suffer the penalty of prision correccional in its medium and maximum periods.

Art. 005. Abortion practiced by a physician or midwife and dispensing of abortives. — The penalties provided in Article 003 shall be imposed in its maximum period, respectively, upon any physician or midwife who, taking advantage of their scientific knowledge or skill, shall cause an abortion or assist in causing the same.

Any pharmacist who, without the proper prescription from a physician, shall dispense any abortive shall suffer arresto mayor and a fine not exceeding 1,000 pesos.

Section 4. The physician, nurse, midwife or any member of the healthcare team thereof who knows or should have known the commission of the offense shall be liable.

Section 5. Clearance. For purposes of this Act, responsible and accountable physicians in all hospitals, clinics or birth centers catering in the delivery of children, shall upon performing the procedure, document and secure a thorough diagnosis and treatment report necessary to support that the abortion was done to avoid any foreseen harm to both mother and fetus. Signed by the physician and witnessed by at least 2 nurses and/or midwives. Any person who fails to document and secure a report required by this section or who violates any of the provisions of the rules and regulations promulgated thereunder shall upon conviction be punished as an offender.

Proposals

Debate

These messages have been posted to debate on this bill:

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Voting

Vote Seats
yes
   

Total Seats: 30

no
  

Total Seats: 64

abstain
 

Total Seats: 31


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