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HOUSE BILL NO. 206
IN THE LEGISLATURE OF THE STATE OF ALASKA
THIRTY-SECOND LEGISLATURE - FIRST SESSION
BY REPRESENTATIVES KURKA, Eastman
Introduced: 5/10/21
Referred: Judiciary, State Affairs, Health and Social Services
A BILL
FOR AN ACT ENTITLED
1 "An Act interpreting the right to privacy under art. I, sec. 22, Constitution of the State
2 of Alaska; defining 'abortion,' 'birth,' 'child,' 'conception,' 'natural person,' and
3 'preborn child'; relating to civil actions and liability under the Act; relating to murder
4 of a child; repealing abortion procedures; amending the definition of 'person' for crimes
5 against a person; repealing murder of an unborn child and penalties and provisions
6 related to that crime; relating to the powers of guardians; relating to powers of attorney
7 for health care decisions; relating to regulation of abortion; relating to medical
8 treatment for minors; relating to relocation of a child; relating to the office of public
9 advocacy; repealing medical assistance payment for abortions; relating to duties of the
10 attorney general; relating to the limitation on the use of assets; and providing for an
11 effective date."
12 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF ALASKA:
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1 * Section 1. The uncodified law of the State of Alaska is amended by adding a new section
2 to read:
3 SHORT TITLE. This Act may be known as the Life at Conception Act or the Preborn
4 Child Equality Act of 2021.
5 * Sec. 2. The uncodified law of the State of Alaska is amended by adding a new section to
6 read:
7 LEGISLATIVE FINDINGS. Notwithstanding any other provision of law, the
8 legislature finds that
9 (1) the opening words of the Constitution of the State of Alaska declare, in art.
10 I, sec. 1, that "This constitution is dedicated to the principles that all persons have a natural
11 right to life," and in art. I, sec. 7, the Constitution of the State of Alaska further declares that
12 "No person shall be deprived of life, liberty, or property, without due process of law";
13 (2) the preamble to the Constitution of the State of Alaska declares, "We the
14 people of Alaska, grateful to God and to those who founded our nation," the Declaration of
15 Independence declares, "We hold these truths to be self-evident, that all men are created
16 equal, that they are endowed by their Creator with certain unalienable Rights, that among
17 these are Life . . . . That to secure these rights, Governments are instituted among Men," and
18 government has a duty to protect and defend the right to life that has been granted to all
19 human beings;
20 (3) to secure the natural right to life of all persons, government must recognize
21 the right to life of all persons, without discrimination because of age, race, religion, size, sex,
22 color, citizenship, parentage, ancestry, location, disability, deformity, stage of development,
23 life expectancy, or condition of dependency;
24 (4) art. I, sec. 1, Constitution of the State of Alaska, provides "that all persons
25 are equal and entitled to equal rights, opportunities, and protection under the law";
26 (5) art. II, sec. 1, Constitution of the State of Alaska, provides that "The
27 legislative power of the State is vested in a legislature"; the legislature lacks the authority to
28 delegate any portion of the legislative power to the judicial branch, and further, the legislature
29 has not done so;
30 (6) the implementation of state law protecting the right to life of all persons is
31 the constitutional responsibility of the legislative branch, not the judiciary;
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1 (7) art. I, sec. 22, Constitution of the State of Alaska, after recognizing the
2 right of the people to privacy, expressly grants to the legislature the authority to "implement
3 this section," authority it does not grant to the courts;
4 (8) it was never the intent of art. I, sec. 22, Constitution of the State of Alaska,
5 or any other section of the Constitution of the State of Alaska, to recognize a right of any
6 person to take the life of an innocent child;
7 (9) art. IV, sec. 1, Constitution of the State of Alaska, provides that "The
8 jurisdiction of the courts shall be prescribed by law," reserving to lawmakers a further check
9 on any court that should attempt to arrogate power to itself through judicial edict;
10 (10) to implement equal protection under the law for the right to life of every
11 person, the right to life guaranteed to all persons by the Constitution of the State of Alaska is
12 vested in each human being;
13 (11) a statute, regulation, rule, order, or court order that has the purpose,
14 intent, or effect of legalizing any abortion in the state infringes on a child's right to life in
15 violation of the Fourteenth Amendment to the Constitution of the United States and, therefore,
16 is not made in accordance with the Constitution of the United States, is not authorized by the
17 Constitution of the United States, is not the supreme law of the land, and, consequently, is
18 invalid in this state and shall be considered null and void and of no effect in this state.
19 * Sec. 3. AS 01.10.055 is amended by adding a new subsection to read:
20 (d) A preborn child is a resident of the state if the mother of the preborn child
21 is a resident of the state under this section. This subsection is not subject to judicial
22 review.
23 * Sec. 4. AS 01.10.060(a) is amended by adding new paragraphs to read:
24 (15) "abortion" means the death of a child as the result of action taken
25 before or during the birth of the child with the intent to cause the death of the child;
26 (16) "birth" means the process by which a child leaves the womb;
27 (17) "child" means a natural person from the moment of conception
28 until 18 years of age;
29 (18) "conception" means, notwithstanding any other provision of law,
30 the beginning of biological development of a human organism when the sperm and the
31 egg fuse, or, in the case of asexual reproduction, the equivalent stage of development
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1 when a complete new human organism is present;
2 (19) "natural person" means, notwithstanding any other provision of
3 law, a human being, regardless of age, race, religion, size, sex, citizenship, parentage,
4 ancestry, disability, deformity, location, stage of development, life expectancy, or
5 condition of dependency from the moment of conception;
6 (20) "preborn child" means a natural person from the moment of
7 conception who has not yet left the womb.
8 * Sec. 5. AS 01.10.060 is amended by adding a new subsection to read:
9 (c) The terms defined in (a)(15) - (20) of this section are not subject to judicial
10 review.
11 * Sec. 6. AS 01 is amended by adding a new chapter to read:
12 Chapter 15. Implementation of Right to Privacy.
13 Sec. 01.15.010. Acts not protected under right to privacy. Notwithstanding
14 any other provision of law, intentionally causing the death of a natural person before,
15 during, or after birth is not protected by a right to privacy under art. I, sec. 22,
16 Constitution of the State of Alaska. This chapter is not subject to judicial review.
17 * Sec. 7. AS 08.64.364(c) is amended to read:
18 (c) Notwithstanding (a) and (b) of this section,
19 (1) a physician may not prescribe, dispense, or administer an abortion-
20 inducing drug [UNDER (a) OF THIS SECTION UNLESS THE PHYSICIAN
21 COMPLIES WITH AS 18.16.010]; and
22 (2) a physician or physician assistant may not prescribe, dispense, or
23 administer a prescription drug in response to an Internet questionnaire or electronic
24 mail message to a person with whom the physician or physician assistant does not
25 have a prior physician-patient relationship.
26 * Sec. 8. AS 09.55.585(a) is amended to read:
27 (a) A parent or legal guardian of a preborn [AN UNBORN] child may
28 maintain an action as plaintiff for the death of a preborn [AN UNBORN] child that
29 was caused by the wrongful act or omission of another.
30 * Sec. 9. AS 09.55.585(c) is amended to read:
31 (c) This section does not limit any other cause of action that a parent or legal
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1 guardian may maintain for the death of a preborn [AN UNBORN] child.
2 * Sec. 10. AS 09.65 is amended by adding a new section to read:
3 Sec. 09.65.252. Immunity for actions relating to children. A person,
4 including a state officer or employee, may not be held liable for a good faith action
5 taken to implement the changes made by this Act. This section is not subject to
6 judicial review.
7 * Sec. 11. AS 11.41.140 is amended to read:
8 Sec. 11.41.140. Definition. In AS 11.41.100 - 11.41.140, "person," [,] when
9 referring to the victim of a crime, means a natural person [HUMAN BEING] who
10 [HAS BEEN BORN AND] was alive at the time of the criminal act. A person who is
11 not a child is "alive" if there is spontaneous respiratory or cardiac function or, when
12 respiratory and cardiac functions are maintained by artificial means, there is
13 spontaneous brain function. A person who is a child is "alive" if the child
14 (1) meets the criteria under this section to be alive; or
15 (2) is in the process of developing the ability to meet the criteria
16 under this section to be alive.
17 * Sec. 12. AS 11.41.220(a) is amended to read:
18 (a) A person commits the crime of assault in the third degree if that person
19 (1) recklessly
20 (A) places another person in fear of imminent serious physical
21 injury by means of a dangerous instrument;
22 (B) causes physical injury to another person by means of a
23 dangerous instrument; or
24 (C) while being 18 years of age or older,
25 (i) causes physical injury to a child under 12 years of
26 age and the injury would cause a reasonable caregiver to seek medical
27 attention from a health care professional in the form of diagnosis or
28 treatment;
29 (ii) causes physical injury to a child under 12 years of
30 age on more than one occasion;
31 (2) with intent to place another person in fear of death or serious
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1 physical injury to the person or the person's family member, makes repeated threats to
2 cause death or serious physical injury to another person;
3 (3) while being 18 years of age or older, knowingly causes physical
4 injury to a child under 16 years of age but at least 12 years of age and the injury
5 reasonably requires medical treatment;
6 (4) with criminal negligence, causes serious physical injury under
7 AS 11.81.900(b)(59)(B) to another person by means of a dangerous instrument; or
8 (5) commits a crime that is a violation of AS 11.41.230(a)(1) or (2)
9 and, within the preceding 10 years, the person was convicted on two or more separate
10 occasions of crimes under
11 (A) AS 11.41.100 - 11.41.140 [AS 11.41.100 - 11.41.170];
12 (B) AS 11.41.200 - 11.41.220 or [,] 11.41.230(a)(1) or (2) [,
13 11.41.280, OR 11.41.282];
14 (C) AS 11.41.260 or 11.41.270;
15 (D) AS 11.41.410, 11.41.420, or 11.41.425(a)(1); or
16 (E) a law or ordinance of this or another jurisdiction with
17 elements similar to those of an offense described in (A) - (D) of this paragraph.
18 * Sec. 13. AS 11.81.250(a) is amended to read:
19 (a) For purposes of sentencing under AS 12.55, all offenses defined in this
20 title, except murder in the first and second degree, attempted murder in the first
21 degree, solicitation to commit murder in the first degree, conspiracy to commit murder
22 in the first degree, [MURDER OF AN UNBORN CHILD,] sexual assault in the first
23 degree, sexual abuse of a minor in the first degree, misconduct involving a controlled
24 substance in the first degree, sex trafficking in the first degree under
25 AS 11.66.110(a)(2), and kidnapping, are classified on the basis of their seriousness,
26 according to the type of injury characteristically caused or risked by commission of
27 the offense and the culpability of the offender. Except for murder in the first and
28 second degree, attempted murder in the first degree, solicitation to commit murder in
29 the first degree, conspiracy to commit murder in the first degree, [MURDER OF AN
30 UNBORN CHILD,] sexual assault in the first degree, sexual abuse of a minor in the
31 first degree, misconduct involving a controlled substance in the first degree, sex
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1 trafficking in the first degree under AS 11.66.110(a)(2), and kidnapping, the offenses
2 in this title are classified into the following categories:
3 (1) class A felonies, which characteristically involve conduct resulting
4 in serious physical injury or a substantial risk of serious physical injury to a person;
5 (2) class B felonies, which characteristically involve conduct resulting
6 in less severe violence against a person than class A felonies, aggravated offenses
7 against property interests, or aggravated offenses against public administration or
8 order;
9 (3) class C felonies, which characteristically involve conduct serious
10 enough to deserve felony classification but not serious enough to be classified as A or
11 B felonies;
12 (4) class A misdemeanors, which characteristically involve less severe
13 violence against a person, less serious offenses against property interests, less serious
14 offenses against public administration or order, or less serious offenses against public
15 health and decency than felonies;
16 (5) class B misdemeanors, which characteristically involve a minor
17 risk of physical injury to a person, minor offenses against property interests, minor
18 offenses against public administration or order, or minor offenses against public health
19 and decency;
20 (6) violations, which characteristically involve conduct inappropriate
21 to an orderly society but which do not denote criminality in their commission.
22 * Sec. 14. AS 11.81.250(b) is amended to read:
23 (b) The classification of each felony defined in this title, except murder in the
24 first and second degree, attempted murder in the first degree, solicitation to commit
25 murder in the first degree, conspiracy to commit murder in the first degree,
26 [MURDER OF AN UNBORN CHILD,] sexual assault in the first degree, sexual
27 abuse of a minor in the first degree, misconduct involving a controlled substance in the
28 first degree, sex trafficking in the first degree under AS 11.66.110(a)(2), and
29 kidnapping, is designated in the section defining it. A felon