The proposed legislation, titled the Race Discrimination by Abortion Prohibition Act, aims to prohibit race-selection abortions in Arkansas. It introduces a new subchapter to the Arkansas Code, defining key terms such as "abortion," "race-selection abortion," and "unborn child." The bill stipulates that a physician or any individual cannot perform an abortion if they know the procedure is being sought solely based on the unborn child's race. Before conducting an abortion, the physician must inquire about the race of the unborn child and inform the pregnant woman of the prohibition against race-selection abortions. Additionally, the bill outlines the requirement for obtaining the pregnant woman's medical records before proceeding with the abortion.
The legislation establishes criminal penalties for physicians who knowingly perform or attempt to perform prohibited abortions, classifying such actions as a Class A misdemeanor. It also allows for civil penalties and professional sanctions against violators, including the potential suspension or revocation of medical licenses. Women who undergo abortions in violation of this act are protected from criminal or civil liability, and their anonymity is preserved in legal proceedings. The act will only take effect upon certain conditions being met regarding existing abortion laws in Arkansas.