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20-16-1111. Protection of privacy in court proceedings.
Arkansas Code — all titles (historical 2020) · legal_authorities
20-16-1111. Protection of privacy in court proceedings.
(a) In every civil or criminal action brought under this subchapter in which any female upon whom an abortion has been performed or attempted has not given her consent to disclosure of her identity, the court shall determine whether the anonymity of the female shall be preserved from public disclosure.
(b)(1) The court, upon motion or sua sponte, shall make a ruling on preserving the anonymity of the female.
(2) If the court determines that the female's anonymity should be preserved, that court shall:
(A) Issue appropriate orders to the parties, witnesses, and counsel;
(B) Direct the sealing of the record; and
(C) Order the exclusion of individuals from courtrooms or hearing rooms to the extent necessary to safeguard the anonymity of the female.
(3) Each order issued under subdivisions (b)(1) and (2) of this section shall be accompanied by specific written findings explaining:
(A) Why the anonymity of the female should be preserved from public disclosure;
(B) Why the order is essential to that end;
(C) Why no reasonable less restrictive alternative exists; and
(D) How the order is narrowly tailored to preserve the anonymity of the female.
(c) In the absence of written consent of the female upon whom an abortion has been performed or attempted, anyone other than a public official who brings an action under § 20-16-1110(a) shall do so under a pseudonym.
(d) This section may not be construed to conceal the identity of the plaintiff or witnesses from the defendant.
Source: Arkansas Code — historical release 78 (November 6, 2020) · 20-16-1111
Stored review status: Historical 2020-11-06 source release; later amendments not reconciled; machine-extracted, not independently legally reviewed; source heading status: text_in_historical_source. A text match is a research starting point; applicability is not established.
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Record provenance
Stable record: arkansas_code:legal_authorities:20-16-1111
Source file: gov.ar.code.title.20.odt
Pages: Not recorded – Not recorded
Passage SHA-256: b049cdb7a2eb754a8d50341ce4597542495e5260637cfb256a6aa2bc3e4f2b3d
Source location: content.xml paragraph 13492
Stored source content
20-16-1111. Protection of privacy in court proceedings.
(a) In every civil or criminal action brought under this subchapter in which any female upon whom an abortion has been performed or attempted has not given her consent to disclosure of her identity, the court shall determine whether the anonymity of the female shall be preserved from public disclosure.
(b)(1) The court, upon motion or sua sponte, shall make a ruling on preserving the anonymity of the female.
(2) If the court determines that the female's anonymity should be preserved, that court shall:
(A) Issue appropriate orders to the parties, witnesses, and counsel;
(B) Direct the sealing of the record; and
(C) Order the exclusion of individuals from courtrooms or hearing rooms to the extent necessary to safeguard the anonymity of the female.
(3) Each order issued under subdivisions (b)(1) and (2) of this section shall be accompanied by specific written findings explaining:
(A) Why the anonymity of the female should be preserved from public disclosure;
(B) Why the order is essential to that end;
(C) Why no reasonable less restrictive alternative exists; and
(D) How the order is narrowly tailored to preserve the anonymity of the female.
(c) In the absence of written consent of the female upon whom an abortion has been performed or attempted, anyone other than a public official who brings an action under § 20-16-1110(a) shall do so under a pseudonym.
(d) This section may not be construed to conceal the identity of the plaintiff or witnesses from the defendant.
Cross-references
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Arkansas Code — all titles (historical 2020) · legal_authorities
20-16-1110. Civil remedies.
(a) An action seeking actual and punitive damages may be brought against a person who performed an abortion in knowing or reckless violation of this subchapter by:
(1) Any person upon whom the abortion was performed;
(2) The father of the unborn child who was the subject of the abortion; or
(3) A grandparent of the unborn child who was the subject of the abortion.
(b) Any female upon whom an abortion has been attempted in violation of this subchapter may bring an action for actual and punitive damages against a person who attempted to perform the abortion in knowing or reckless violation of this subchapter.
(c)(1) If the Department of Health fails to issue the public report required under § 20-16-1108, any group of ten (10) or more citizens of this state may seek an injunction in a court of competent jurisdiction against the Secretary of the Department of Health requiring that a complete report be issued within a period established by the court.
(2) Failure of the secretary to obey an injunction issued under subdivision (c)(1) of this section is punishable as civil contempt.
(d)(1) If judgment is rendered in favor of the plaintiff in any action described in this section, the court shall assess a reasonable attorney's fee in favor of the plaintiff against the defendant.
(2) If judgment is rendered in favor of the defendant and if the court finds that the plaintiff's suit was frivolous and brought in bad faith, the court shall assess a reasonable attorney's fee in favor of the defendant against the plaintiff.
Source: Arkansas Code — historical release 78 (November 6, 2020) · 20-16-1110
Stored review status: Historical 2020-11-06 source release; later amendments not reconciled; machine-extracted, not independently legally reviewed; source heading status: text_in_historical_source. The source passage cites 20-16-1110. This identifies an authority to review, not proof of applicability.