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20-16-1409. Protection of privacy in court proceedings.
Arkansas Code — all titles (historical 2020) · legal_authorities
20-16-1409. Protection of privacy in court proceedings.
(a) In every civil or criminal proceeding or action brought under this subchapter, the court shall rule whether the anonymity of a woman upon whom an abortion has been performed or induced or attempted to be performed or induced shall be preserved from public disclosure if she does not give her consent to the disclosure.
(b) The court, upon motion or sua sponte, shall make a ruling under subsection (a) of this section and, upon determining that the woman's anonymity should be preserved, shall issue orders to the parties, witnesses, and counsel and shall direct the sealing of the record and exclusion of individuals from courtrooms or hearing rooms to the extent necessary to safeguard the woman's identity from public disclosure.
(c) Each order under subsection (b) of this section shall be accompanied by specific written findings explaining:
(1) Why the anonymity of the woman should be preserved from public disclosure;
(2) Why the order is essential to that end;
(3) How the order is narrowly tailored to serve that interest; and
(4) Why no reasonable less restrictive alternative could be fashioned.
(d) In the absence of written consent of the woman upon whom an abortion has been performed or induced or attempted to be performed or induced, anyone other than a public official who brings an action under § 20-16-1408 shall do so under a pseudonym.
(e) This section is not intended to conceal the identity of the plaintiff or of witnesses from the defendant or from attorneys for the defendant.
Source: Arkansas Code — historical release 78 (November 6, 2020) · 20-16-1409
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:20-16-1409
Source file: gov.ar.code.title.20.odt
Pages: Not recorded – Not recorded
Passage SHA-256: 07868184bb44c3e760452891f64cbff1a6242e3b843fcf772edc3e14bfd03a57
Source location: content.xml paragraph 13805
Stored source content
20-16-1409. Protection of privacy in court proceedings.
(a) In every civil or criminal proceeding or action brought under this subchapter, the court shall rule whether the anonymity of a woman upon whom an abortion has been performed or induced or attempted to be performed or induced shall be preserved from public disclosure if she does not give her consent to the disclosure.
(b) The court, upon motion or sua sponte, shall make a ruling under subsection (a) of this section and, upon determining that the woman's anonymity should be preserved, shall issue orders to the parties, witnesses, and counsel and shall direct the sealing of the record and exclusion of individuals from courtrooms or hearing rooms to the extent necessary to safeguard the woman's identity from public disclosure.
(c) Each order under subsection (b) of this section shall be accompanied by specific written findings explaining:
(1) Why the anonymity of the woman should be preserved from public disclosure;
(2) Why the order is essential to that end;
(3) How the order is narrowly tailored to serve that interest; and
(4) Why no reasonable less restrictive alternative could be fashioned.
(d) In the absence of written consent of the woman upon whom an abortion has been performed or induced or attempted to be performed or induced, anyone other than a public official who brings an action under § 20-16-1408 shall do so under a pseudonym.
(e) This section is not intended to conceal the identity of the plaintiff or of witnesses from the defendant or from attorneys for the defendant.
Cross-references
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Arkansas Code — all titles (historical 2020) · legal_authorities
20-16-1408. Civil remedies.
(a)(1) A woman upon whom an abortion has been performed in violation of this subchapter or the father of the unborn child who was the subject of an abortion in violation of this subchapter may bring an action against the person who purposely, knowingly, or recklessly performed or induced the abortion in violation of this subchapter for actual and punitive damages.
(2) A woman upon whom an abortion has been attempted in violation of this subchapter may bring an action against the person who attempted purposely, knowingly, or recklessly to perform or induce the abortion in violation of this subchapter for actual and punitive damages.
(b)(1) A cause of action for injunctive relief against a person who has purposely, knowingly, or recklessly violated this subchapter may be maintained by:
(A) The woman upon whom an abortion was performed or induced or attempted to be performed or induced in violation of this subchapter;
(B) A person who is the spouse, parent, sibling, or guardian of or a current or former licensed healthcare provider of the woman upon whom an abortion has been performed or induced or attempted to be performed or induced in violation of this subchapter;
(C) A prosecuting attorney with appropriate jurisdiction; or
(D) The Attorney General.
(2) The injunction shall prevent the abortion provider from performing or inducing and from attempting to perform or induce further abortions in violation of this subchapter.
(c) If judgment is rendered in favor of the plaintiff in an action described in this section, the court shall also render judgment for a reasonable attorney's fee in favor of the plaintiff against the defendant.
(d) If judgment is rendered in favor of the defendant and the court finds that the plaintiff's
Source: Arkansas Code — historical release 78 (November 6, 2020) · 20-16-1408
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 20-16-1408. This identifies an authority to review, not proof of applicability.