Current through the 2024 Budget Session
Section 35-6-127 - Civil remedies(a) In addition to any remedies available under law, failure to comply with this act shall provide the basis for a civil action as provided by this section.(b) Any pregnant woman upon whom an abortion has been performed, induced or coerced in violation of this act may maintain an action against the person or persons who violated this act for actual and punitive damages. In addition to all other damages and separate and distinct from all damages, a plaintiff prevailing in an action under this section shall be entitled to statutory damages of ten thousand dollars ($10,000.00) for each violation of this act from each defendant for each violation.(c) A separate and distinct cause of action for injunctive relief against any person who has violated this act to enjoin further violations of this act may be maintained by any of the following: (i) The woman upon whom an abortion was performed or induced in violation of this act;(ii) The parent or guardian of the pregnant woman if the woman had not attained eighteen (18) years of age at the time of the abortion or if the woman died as a result of the abortion;(iii) A district attorney with proper jurisdiction;(iv) The attorney general.(d) If judgment is rendered in favor of the plaintiff in a civil action authorized by this section, the plaintiff shall be entitled to receive reasonable costs and attorney fees from the defendant.Added by Laws 2023, ch. 184,§ 1, eff. 3/17/2023.