AN ACT TO ENACT THE PROTECTING WOMEN AND CHILDREN ACT; TO STATE LEGISLATIVE FINDINGS; TO DEFINE TERMS; TO PROVIDE THAT THIS CHAPTER SHALL NOT IMPOSE LIABILITY ON CERTAIN INTERNET-RELATED ENTITIES; TO PROVIDE CERTAIN PROHIBITIONS RELATED TO ABORTION-INDUCING DRUGS; TO PROVIDE THAT THE EXCLUSIVE ENFORCEMENT OF THIS CHAPTER SHALL BE THROUGH A PRIVATE CIVIL ACTION BROUGHT UNDER SECTION 7 OF THE ACT; TO PROVIDE FOR THE EFFECT OF OTHER LAW; TO CREATE A CIVIL CAUSE OF ACTION RELATED TO THE DISTRIBUTION OF ABORTION-INDUCING DRUGS; TO PROVIDE FOR CERTAIN AFFIRMATIVE DEFENSES TO THE CIVIL ACTION AUTHORIZED BY THIS ACT; TO PROVIDE FOR MARKET-SHARE LIABILITY FOR CERTAIN MANUFACTURERS OF ABORTION-INDUCING DRUGS; TO PROVIDE A STATUTE OF LIMITATIONS FOR ACTIONS BROUGHT UNDER THIS CHAPTER; TO PROHIBIT WAIVER OF THE RIGHT TO BRING SUIT UNDER THIS CHAPTER; TO DESCRIBE CERTAIN SITUATIONS, CONDUCT AND SPEECH WHERE LIABILITY IS NOT IMPOSED UNDER THE CHAPTER; TO PROVIDE FOR PERSONAL JURISDICTION AND THE APPLICABILITY OF STATE LAW; TO PROHIBIT COORDINATED ENFORCEMENT; TO PROVIDE IMMUNITY TO INTERACTIVE COMPUTER SERVICE USERS AND PROVIDERS; TO DESCRIBE SCENARIOS IN WHICH AFFIRMATIVE DEFENSES MAY BE ASSERTED; TO PROVIDE FOR THE CONSTRUCTION OF THE CHAPTER WITH RESPECT TO CIVIL LIABILITY AND ENFORCEMENT; TO PROVIDE FOR THE APPLICATION OF OTHER LAW; TO PROHIBIT CONTRACTUAL CHOICE-OF-FORUM PROVISIONS; TO PROVIDE CERTAIN PROTECTIONS FROM COUNTERACTIONS; TO DIRECT CODIFICATION OF THE ACT AS A SEPARATE CHAPTER OF TITLE 11, MISSISSIPPI CODE OF 1972; AND FOR RELATED PURPOSES.
Impact
One significant aspect of the bill is its provision for market-share liability, ensuring that if a claimant cannot identify the specific manufacturer responsible for an abortion-inducing drug, liability can be distributed among all manufacturers based on their market share. Additionally, the bill prohibits certain affirmative defenses, thus reinforcing the liability of parties engaged in the unlawful distribution of these drugs. This approach is designed to create a strong deterrent against the distribution of abortion-inducing drugs without proper medical oversight.
Summary
Senate Bill 2141, titled the 'Protecting Women and Children Act,' aims to regulate the distribution and use of abortion-inducing drugs within Mississippi. The bill establishes a private civil cause of action against individuals and entities that manufacture, possess, distribute, or provide these drugs in violation of state law. It articulates the state's interest in protecting the health and safety of pregnant women and unborn children, citing the considerable medical risks associated with unsupervised chemical abortions.
Contention
The bill has prompted considerable debate among lawmakers and advocacy groups. Supporters argue that it will enhance protections for women and children by holding violators accountable and ensuring that such drugs are not distributed cavalierly. Conversely, opponents, including reproductive rights advocates, express concerns that the legislation could disproportionately punish women who seek abortions and hinder legitimate medical practices. Furthermore, the immunity provisions for internet service providers raise questions about the extent of their responsibility in moderating content related to abortion access.
Legislative findings
The bill outlines specific legislative findings that articulate the reasons for its enactment, citing concerns regarding the distribution of abortion-inducing drugs and their associated risks. These findings underscore Mississippi's sovereignty in regulating health-related matters within its jurisdiction and reaffirm the state's interest in protecting its residents, particularly vulnerable populations such as pregnant women.