00                      CS FOR HOUSE BILL NO. 258(JUD)                                                                    
01 "An Act establishing a right of action for the death of an unborn child in certain                                      
02 circumstances."                                                                                                         
03 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF ALASKA:                                                                
04    * Section 1. The uncodified law of the State of Alaska is amended by adding a new section                          
05 to read:                                                                                                                
06       SHORT TITLE. This Act may be known as Jackson's Law.                                                              
07    * Sec. 2. AS 09.15 is amended by adding a new section to read:                                                     
08            Sec. 09.15.018. Action for wrongful death of an unborn child;                                              
09       applicability. (a) A parent of an unborn child may maintain an action as plaintiff for                          
10       the death of an unborn child that was caused by the wrongful act or omission of                                   
11       another.                                                                                                          
12            (b)  This section does not apply to acts or omissions that                                                   
13                 (1)  cause the death of an unborn child if those acts or omissions are                                  
14       committed during a legal abortion to which the pregnant woman or a person                                         

01       authorized by law to act on her behalf consents or for which consent is implied by law;                           
02                 (2)  are committed under usual and customary standards of medical                                       
03       practice during diagnostic testing, during therapeutic treatment, or while assisting a                            
04       pregnancy; or                                                                                                     
05                 (3)  are committed by a pregnant woman against herself and her unborn                                   
06       child.                                                                                                            
07            (c)  In this section,                                                                                        
08                 (1)  "abortion" has the meaning given in AS 18.16.090;                                                  
09                 (2)  "unborn child" has the meaning given in AS 11.81.900.                                              
10    * Sec. 3. The uncodified law of the State of Alaska is amended by adding a new section to                          
11 read:                                                                                                                   
12       TRANSITION. This Act shall apply to actions arising from a wrongful act or                                        
13 omission that takes place on or after the effective date of this Act.