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28th Legislature(2013-2014)

Bill Text 28th Legislature


00 Enrolled SB 200                                                                                                         
01 Relating to an action for the death of an unborn child in certain circumstances.                                        
02                           _______________                                                                               
03    * Section 1. The uncodified law of the State of Alaska is amended by adding a new section                          
04 to read:                                                                                                                
05       SHORT TITLE. This Act may be known as Jackson's Law.                                                              
06    * Sec. 2. AS 09.15 is amended by adding a new section to read:                                                     
07            Sec. 09.15.018. Action for wrongful death of an unborn child;                                              
08       applicability. (a) A parent of an unborn child may maintain an action as plaintiff for                          
09       the death of an unborn child that was caused by the wrongful act or omission of                                   
10       another.                                                                                                          
11            (b)  This section does not apply to acts or omissions that                                                   
12                 (1)  cause the death of an unborn child if those acts or omissions are                                  
13       committed during a legal abortion to which the pregnant woman or a person                                         
14       authorized by law to act on her behalf consents or for which consent is implied by law;                           
15                 (2) are committed under usual and customary standards of medical                                        
01       practice during diagnostic testing, during therapeutic treatment, or while assisting a                            
02       pregnancy; or                                                                                                     
03                 (3)  are committed by a pregnant woman against herself and her unborn                                   
04       child.                                                                                                            
05            (c)  This section does not limit any other cause of action that a parent may                                 
06       maintain for the death of an unborn child.                                                                        
07            (d)  In this section,                                                                                        
08                 (1)  "abortion" has the meaning given in AS 18.16.090;                                                  
09                 (2)  "unborn child" has the meaning given in AS 11.81.900.                                              
10    * Sec. 3. The uncodified law of the State of Alaska is amended by adding a new section to                          
11 read:                                                                                                                   
12       TRANSITION. This Act applies to actions arising from a wrongful act or omission                                   
13 that takes place on or after the effective date of this Act.                                                            
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