38050.0100
Fifty-eighth Legislative Assembly
of
North Dakota
HOUSE BILL NO. 1242
Introduced by Representative Sandvig, Senator Thane
A BILL for an Act to create and enact a new section to chapter
12.1-16 and a new section to Chapter 43-17 of the North Dakota Century
Code, relating to the protection of a preborn child and the duty of
physicians; and to provide a penalty.
BE IT ENACTED BY THE LEGISLATIVE ASSEMBLY OF NORTH DAKOTA:
SECTION 1. A new section to chapter 12.1-16 of the North
Dakota Century Code is created and enacted as follows:
Terminating human life - Preborn children. A person is
guilty of a class AA felony if the person intentionally destroys or
terminates the life of a preborn child. For the purpose of this
section, "preborn child" includes a human being from the moment of
fertilization until the moment of birth.
SECTION 2. A new section to chapter 43-17 of the North
Dakota Century Code is created and enacted as follows:
Duty of physicians treating pregnant women. Any physician
licensed under this chapter who provides health care to pregnant women
shall, in all cases, make every effort to preserve both the life of
the mother and the life of the preborn child. Medical treatment
provided to the mother by a licensed physician which may result in
accidental or unintentional injury or death of the preborn child is
not a violation of this section. In addition to any penalty imposed
under section 1 of this Act, a physician who violates this section is
also subject to license revocation under this chapter.