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20-16-1806. Protection of privacy in court proceedings.
Arkansas Code — all titles (historical 2020) · legal_authorities
20-16-1806. Protection of privacy in court proceedings.
(a) In a civil proceeding or action brought under this subchapter, the court shall determine whether the anonymity of a woman who received or attempted to receive a dismemberment abortion shall be preserved from public disclosure without her written consent.
(b)(1) Upon determining that the anonymity of a woman who received or attempted to receive a dismemberment abortion shall be preserved, the court shall issue an order 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 from public disclosure the identity of the woman who received or attempted to receive a dismemberment abortion.
(2) An order under subdivision (b)(1) of this section shall be accompanied by specific written findings explaining:
(A) Why the anonymity of the woman who received or attempted to receive a dismemberment abortion should be preserved from public disclosure;
(B) Why the order is essential to that end;
(C) How the order is narrowly tailored to serve that end; and
(D) Why no reasonable, less restrictive alternative exists.
(3) In the absence of written consent of the woman who received or attempted to receive a dismemberment abortion, anyone other than a public official who brings an action under § 20-16-1804 shall bring the action under a pseudonym.
(4) This subsection does not conceal from the defendant the identity of the plaintiff or of a witness.
Source: Arkansas Code — historical release 78 (November 6, 2020) · 20-16-1806
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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Authority boundary: historical statutory source snapshot not current law.
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Record provenance
Stable record: arkansas_code:legal_authorities:20-16-1806
Source file: gov.ar.code.title.20.odt
Pages: Not recorded – Not recorded
Passage SHA-256: df976a7a51d26b31dd15a70315f0daa1c5a32c7965ac78730820a417f01d4c44
Source location: content.xml paragraph 14410
Stored source content
20-16-1806. Protection of privacy in court proceedings.
(a) In a civil proceeding or action brought under this subchapter, the court shall determine whether the anonymity of a woman who received or attempted to receive a dismemberment abortion shall be preserved from public disclosure without her written consent.
(b)(1) Upon determining that the anonymity of a woman who received or attempted to receive a dismemberment abortion shall be preserved, the court shall issue an order 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 from public disclosure the identity of the woman who received or attempted to receive a dismemberment abortion.
(2) An order under subdivision (b)(1) of this section shall be accompanied by specific written findings explaining:
(A) Why the anonymity of the woman who received or attempted to receive a dismemberment abortion should be preserved from public disclosure;
(B) Why the order is essential to that end;
(C) How the order is narrowly tailored to serve that end; and
(D) Why no reasonable, less restrictive alternative exists.
(3) In the absence of written consent of the woman who received or attempted to receive a dismemberment abortion, anyone other than a public official who brings an action under § 20-16-1804 shall bring the action under a pseudonym.
(4) This subsection does not conceal from the defendant the identity of the plaintiff or of a witness.
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Arkansas Code — all titles (historical 2020) · legal_authorities
20-16-1804. Civil remedies — Attorney's fees.
(a)(1) A cause of action for injunctive relief against a person who has purposely violated this subchapter may be maintained by:
(A) The woman who receives or attempted to receive a dismemberment abortion in violation of this subchapter;
(B) A person who is the spouse, parent, or legal guardian of the woman who receives or attempted to receive a dismemberment abortion in violation of this subchapter; or
(C) A current or former licensed healthcare provider of the woman who receives or attempted to receive a dismemberment abortion in violation of this subchapter.
(2) The injunction shall prevent the abortion provider from performing or attempting to perform further dismemberment abortions in violation of this subchapter.
(b)(1) A cause of action for civil damages against a person who has purposely violated this subchapter may be maintained by:
(A) The woman who receives a dismemberment abortion in violation of this subchapter;
(B) The father of the unborn child, if the father is married to the woman at the time the dismemberment abortion was performed in violation of this subchapter; or
(C) If the woman who received a dismemberment abortion in violation of this subchapter is a minor or has died as a result of the dismemberment abortion, the parents or legal guardians of the woman who received a dismemberment abortion in violation of this subchapter.
(2) Civil damages shall not be awarded to a plaintiff if the pregnancy resulted from the criminal conduct of the plaintiff.
(3) Civil damages shall include:
(A) Monetary damages for psychological injuries and physical injuries associated with the dismemberment abortion; and
(B) Statutory damages equal to three (3) times the cost of the dismemberment aborti
Source: Arkansas Code — historical release 78 (November 6, 2020) · 20-16-1804
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 20-16-1804. This identifies an authority to review, not proof of applicability.