SENATE BILL NO. 762 Offered January 18, 2008 A BILL to amend the Code of Virginia by adding a section numbered 18.2-71.2, relating to a prohibition on forced or coerced abortion; penalty. ----------
Patrons-- Smith, Cuccinelli, Martin and Obenshain; Delegate: Marshall, R.G.
---------- Unanimous consent to introduce ---------- Referred to Committee on Education and Health ----------

Be it enacted by the General Assembly of Virginia:

1.  That the Code of Virginia is amended by adding a section numbered 18.2-71.2 as follows:

§ 18.2-71.2. Forced or coerced abortion prohibited; penalty.

A. Any person who forces or coerces a pregnant female of any age to have an abortion against her will is guilty of a Class 1 misdemeanor. However, if a violation of this section is committed by the father or putative father of the unborn child when the pregnant female is less than 18 years of age, and the father or putative father is 18 years of age or older, the father or putative father is guilty of a Class 6 felony.

B. Upon the request of the female victim, a law-enforcement agency investigating a violation of this section shall notify the female not less than 24 hours before initially contacting the person alleged to have committed a violation of this section.

C. Any female who is forced or coerced to have an abortion shall be entitled to bring a civil action in tort against the person who forced or coerced her to have an abortion, within one year of her 18th birthday or, if the female is more than 18 years of age at the time of the abortion, within one year of the date of the abortion. In addition to the action for herself, the female shall have a cause of action for wrongful death of the unborn child against the person who forced or coerced her to have an abortion.

D. For the purposes of the section, the term "forces or coerces" means any act or attempted act including a threat of physical, emotional, pecuniary, or psychological harm intended to compel a pregnant female to have an abortion performed in otherwise lawful circumstances but performed against her will.

2. That the provisions of this act may result in a net increase in periods of imprisonment or commitment.  Pursuant to § 30-19.1:4, the estimated amount of the necessary appropriation cannot be determined for periods of imprisonment in state adult correctional facilities and is $0 for periods of commitment to the custody of the Department of Juvenile Justice.