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SB2141 • 2026

Protecting Women and Children Act; enact.

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.

Abortion Children
Did Not Pass

The latest official action shows that this bill did not move forward in that session.

Sponsor
Fillingane
Last action
2026-02-03
Official status
Dead
Effective date
Passage

Plain English Breakdown

The bill's status as 'Did Not Pass' means its provisions are not enforceable in Mississippi.

Protecting Women and Children Act

This act aims to regulate abortion-inducing drugs in Mississippi by prohibiting their manufacture, distribution, and prescription within the state, while providing immunity for certain internet-related entities.

What This Bill Does

  • Defines terms related to abortion-inducing drugs and organizations that assist in obtaining abortions.
  • Prohibits the manufacture, possession, distribution, mailing, transportation, delivery, prescription, or provision of abortion-inducing drugs within Mississippi.
  • Provides immunity for internet service providers, search engines, and cloud service providers from liability related to the distribution of abortion-inducing drugs.

Who It Names or Affects

  • People who manufacture, distribute, or prescribe abortion-inducing drugs in Mississippi.
  • Individuals and organizations that assist in obtaining abortions.
  • Internet-related entities such as internet service providers, search engines, and cloud service providers.

Terms To Know

Abortion assistance organization
A person or group that helps others obtain elective abortions by providing financial support, travel arrangements, or logistical services.
Interactive computer service
An information service provided through the Internet or other computer networks that allows multiple users to access a server.

Limits and Unknowns

  • The bill did not pass and was referred to committee where it died.
  • It does not specify how enforcement will be carried out beyond private civil actions.
  • Details about market-share liability for manufacturers of abortion-inducing drugs are not fully explained in the provided text.

Bill History

  1. 2026-02-03 Mississippi Legislative Bill Status System

    02/03 (S) Died In Committee

  2. 2026-01-13 Mississippi Legislative Bill Status System

    01/13 (S) Referred To Judiciary, Division A

Official Summary Text

Protecting Women and Children Act; enact.

Current Bill Text

Read the full stored bill text
S. B. No. 2141 *SS08/R65.1* ~ OFFICIAL ~ G1/2
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To: Judiciary, Division A
MISSISSIPPI LEGISLATURE REGULAR SESSION 2026

By: Senator(s) Fillingane

SENATE BILL NO. 2141

AN ACT TO ENACT THE PROTECTING WOMEN AND CHILDREN ACT; TO 1
STATE LEGISLATIVE FINDINGS; TO DEFINE TERMS; TO PROVIDE THAT THIS 2
CHAPTER SHALL NOT IMPOSE LIABILITY ON CERTAIN INTERNET-RELATED 3
ENTITIES; TO PROVIDE CERTAIN PROHIBITIONS RELATED TO 4
ABORTION-INDUCING DRUGS; TO PROVIDE THAT THE EXCLUSIVE ENFORCEMENT 5
OF THIS CHAPTER SHALL BE THROUGH A PRIVATE CIVIL ACTION BROUGHT 6
UNDER SECTION 7 OF THE ACT; TO PROVIDE FOR THE EFFECT OF OTHER 7
LAW; TO CREATE A CIVIL CAUSE OF ACTION RELATED TO THE DISTRIBUTION 8
OF ABORTION-INDUCING DRUGS; TO PROVIDE FOR CERTAIN AFFIRMATIVE 9
DEFENSES TO THE CIVIL ACTION AUTHORIZED BY THIS ACT; TO PROVIDE 10
FOR MARKET-SHARE LIABILITY FOR CERTAIN MANUFACTURERS OF 11
ABORTION-INDUCING DRUGS; TO PROVIDE A STATUTE OF LIMITATIONS FOR 12
ACTIONS BROUGHT UNDER THIS CHAPTER; TO PROHIBIT WAIVER OF THE 13
RIGHT TO BRING SUIT UNDER THIS CHAPTER; TO DESCRIBE CERTAIN 14
SITUATIONS, CONDUCT AND SPEECH WHERE LIABILITY IS NOT IMPOSED 15
UNDER THE CHAPTER; TO PROVIDE FOR PERSONAL JURISDICTION AND THE 16
APPLICABILITY OF STATE LAW; TO PROHIBIT COORDINATED ENFORCEMENT; 17
TO PROVIDE IMMUNITY TO INTERACTIVE COMPUTER SERVICE USERS AND 18
PROVIDERS; TO DESCRIBE SCENARIOS IN WHICH AFFIRMATIVE DEFENSES MAY 19
BE ASSERTED; TO PROVIDE FOR THE CONSTRUCTION OF THE CHAPTER WITH 20
RESPECT TO CIVIL LIABILITY AND ENFORCEMENT; TO PROVIDE FOR THE 21
APPLICATION OF OTHER LAW; TO PROHIBIT CONTRACTUAL CHOICE-OF-FORUM 22
PROVISIONS; TO PROVIDE CERTAIN PROTECTIONS FROM COUNTERACTIONS; TO 23
DIRECT CODIFICATION OF THE ACT AS A SEPARATE CHAPTER OF TITLE 11, 24
MISSISSIPPI CODE OF 1972; AND FOR RELATED PURPOSES. 25
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MISSISSIPPI: 26
SECTION 1. Short title. This chapter shall be known and may 27
be cited as the "Protecting Women and Children Act." 28
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SECTION 2. Legislative findings. The Legislature makes the 29
following findings of fact and incorporates them herein by 30
reference: 31
(a) The distribution, shipping, prescribing, or use of 32
abortion-inducing drugs into or within this state constitutes 33
conduct directed at persons and harm occurring within the borders 34
of the State of Mississippi. 35
(b) Chemical abortion drugs present significant medical 36
risks to pregnant women, including hemorrhage, infection, 37
incomplete abortion, and the need for surgical intervention, and 38
such risks are heightened when the drugs are obtained without 39
in-person medical supervision. 40
(c) The State of Mississippi has a compelling interest 41
in protecting the health and safety of pregnant women, the lives 42
of unborn children, and the integrity of the medical profession. 43
(d) Abortion-inducing drugs distributed through the 44
Internet, mail, or interstate channels have substantial effects 45
within this state, and that Mississippi has the sovereign 46
authority to regulate conduct and protect persons within its 47
territorial jurisdiction. 48
(e) The purpose of this chapter is to create a private 49
civil cause of action to hold accountable persons and entities who 50
participate in the unlawful manufacture, distribution, mailing, 51
prescribing, or facilitation of abortion-inducing drugs in 52
violation of state law. 53
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SECTION 3. Definitions. As used in this chapter, the 54
following terms shall have the meaning ascribed herein unless the 55
context clearly requires otherwise: 56
(a) "Abortion" has the meaning assigned under Section 57
41-41-45(1). 58
(b) "Abortion assistance organization" means a person 59
that procures or facilitates the procurement of an elective 60
abortion by: 61
(i) Offering or providing money to pay for, 62
reimburse, insure, or offset the costs of an abortion or any costs 63
incurred in or associated with obtaining an elective abortion, 64
regardless of where the abortion is performed; 65
(ii) Paying for, reimbursing, insuring, planning, 66
or executing plans for travel accommodations, including 67
transportation, meals, or lodging, with the intent of facilitating 68
the procurement of an elective abortion, regardless of where the 69
abortion is performed; 70
(iii) Offering, providing, or paying for any type 71
of service or logistical support, including child care or abortion 72
doula services, with the intent of facilitating the procurement of 73
an elective abortion, regardless of where the abortion is 74
performed; or 75
(iv) Collecting or distributing abortion-inducing 76
drugs to provide easier access to the drugs. 77
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(c) "Abortion-inducing drug" has the meaning assigned 78
under Section 41-41-105. 79
(d) "Abortion provider" means a person that performs 80
elective abortions. 81
(e) "Elective abortion" means an abortion performed or 82
induced by a licensed physician that is not performed or induced 83
in response to a medical emergency. 84
(f) "Information content provider" means a person who 85
is responsible, wholly or partly, for the creation or development 86
of information provided through the Internet or any other 87
interactive computer service. 88
(g) "Interactive computer service" means an information 89
service, system, or access software provider that provides or 90
enables computer access by multiple users to a computer server, 91
including specifically a service or system providing access to the 92
Internet and such systems operated or services offered by 93
libraries or educational institutions. The term does not include: 94
(i) An internet service provider or the provider's 95
affiliates or subsidiaries; 96
(ii) A search engine; 97
(iii) A cloud service provider that solely 98
provides access or connection to or from an internet website or 99
other information or content on the Internet or on a facility, 100
system, or network that is not under the provider's control, 101
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including transmission, downloading, intermediate storage, access 102
software, or other services. 103
(h) "Medical emergency" has the meaning assigned under 104
Section 41-41-31(b). 105
SECTION 4. Construction of chapter related to liability. 106
This chapter may not be construed to impose liability on the 107
speech or conduct of: 108
(a) An internet service provider or the provider's 109
affiliates or subsidiaries; 110
(b) A search engine; or 111
(c) A cloud service provider that solely provides 112
access or connection to or from an internet website or other 113
information or content on the Internet or on a facility, system, 114
or network that is not under the provider's control, including 115
transmission, downloading, intermediate storage, access software, 116
or other services. 117
SECTION 5. Prohibitions related to abortion-inducing drugs. 118
(1) Except as provided by subsection (2) of this section, a 119
person may not: 120
(a) Manufacture, possess, or distribute an 121
abortion-inducing drug in this state; 122
(b) Mail, transport, deliver, prescribe, or provide an 123
abortion-inducing drug in any manner to or from any person or 124
location in this state; 125
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(c) Provide information on the method for obtaining an 126
abortion-inducing drug; provided, this prohibition applies only to 127
speech integral to conduct that constitutes a civil or criminal 128
offense; 129
(d) Create, edit, upload, publish, host, maintain, or 130
register a domain name for an internet website, platform, or other 131
interactive computer service that assists or facilitates a 132
person's effort in obtaining an abortion-inducing drug; 133
(e) Create, edit, program, or distribute any 134
application or software for use on a computer or an electronic 135
device that is intended to enable individuals to obtain an 136
abortion-inducing drug or to facilitate an individual's access to 137
an abortion-inducing drug; or 138
(f) Engage in conduct that aids or abets an act 139
described by this subsection if the person would be held 140
criminally responsible as an accessory before the fact or 141
accessory after the fact under Section 97-1-3 or 97-1-5. 142
(2) Notwithstanding any other law, subsection (1) of this 143
section does not prohibit: 144
(a) Speech or conduct protected by the First Amendment 145
to the United States Constitution, as made applicable to the 146
states through the United States Supreme Court's interpretation of 147
the Fourteenth Amendment to the United States Constitution or 148
protected by Article 3, Section 13, Mississippi Constitution; 149
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(b) Conduct this state is prohibited from regulating 150
under the Mississippi Constitution or federal law; 151
(c) Conduct of a pregnant woman who aborts or seeks to 152
abort the woman's unborn child; 153
(d) The possession, distribution, mailing, transport, 154
delivery, or provision of an abortion-inducing drug for a purpose 155
that does not include performing, inducing, attempting, or 156
assisting an abortion; 157
(e) The possession, distribution, mailing, transport, 158
delivery, or provision of an abortion-inducing drug for the 159
purpose of enabling a licensed physician to treat a pregnant woman 160
during a medical emergency; 161
(f) The possession of an abortion-inducing drug for 162
purposes of entrapping a person that violates this section; or 163
(g) Conduct engaged in by a person under the direction 164
of a federal agency, contractor, or employee to carry out a duty 165
under federal law, if prohibiting that conduct would violate the 166
doctrine of preemption or intergovernmental immunity. 167
(3) The remedies available under this chapter may be awarded 168
without regard to whether the conduct giving rise to the remedy 169
resulted in a criminal conviction. 170
SECTION 6. Exclusive enforcement; effect of other law. (1) 171
Notwithstanding any other law, this chapter may only be enforced 172
through a private civil action brought under Section 7 of this 173
act. 174
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(2) No other direct or indirect enforcement of this chapter 175
may be taken or threatened by this state, a political subdivision 176
of this state, a district or county attorney, or any officer or 177
employee of this state or a political subdivision of this state 178
against any person, by any means whatsoever, and no violation of 179
this chapter may be used to justify or trigger the enforcement of 180
any other law or any type of adverse consequence under any other 181
law, except as provided in this chapter. 182
(3) This section does not preclude or limit the enforcement 183
of any other law or regulation against conduct that is 184
independently prohibited by the other law or regulation and that 185
would remain prohibited by the other law or regulation in the 186
absence of this chapter. 187
SECTION 7. Civil action for distribution of 188
abortion-inducing drugs. (1) Notwithstanding any other law and 189
except as provided by this chapter, a person who manufactures, 190
possesses, distributes, mails, transports, delivers, prescribes, 191
or provides an abortion-inducing drug, who aids or abets the 192
manufacture, possession, distribution, mailing, transport, 193
delivery, prescription, or provision of an abortion-inducing drug, 194
or who engages in any conduct prohibited by Section 5 of this act 195
is strictly, absolutely, and jointly and severally liable for: 196
(a) The wrongful death of an unborn child or pregnant 197
woman from the use of the abortion-inducing drug; and 198
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(b) Personal injury of an unborn child or pregnant 199
woman from the use of the abortion-inducing drug. 200
(2) A claimant may not bring an action under this section if 201
the action is preempted by 47 U.S.C. § 230(c). 202
(3) A person who engages in conduct described by subsection 203
(a) is liable for damages resulting from the death or personal 204
injury sustained by an unborn child or pregnant woman if the 205
person's conduct contributed in any way to the death or injury, 206
regardless of whether the person's conduct was the actual or 207
proximate cause of the death or injury, except as required by the 208
United States constitution or Mississippi constitution. 209
(4) Notwithstanding any other law, the mother or father of 210
an unborn child may bring a civil action under this section for 211
the wrongful death of the unborn child from the use of an 212
abortion-inducing drug, regardless of whether the other parent 213
brings a civil action for the wrongful death. The biological 214
father of an unborn child may bring the action regardless of 215
whether the father was married to the unborn child's mother at the 216
time of the unborn child's conception or death. 217
(5) Notwithstanding any other law, a civil action may not be 218
brought under this section: 219
(a) Against the woman who used or sought to obtain 220
abortion-inducing drugs to abort or attempt to abort her unborn 221
child; 222
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(b) Against a person that acted under the direction of 223
a federal agency, contractor, or employee who is carrying out 224
duties under federal law if the imposition of liability would 225
violate the doctrine of preemption or intergovernmental immunity; 226
or 227
(c) By any person who impregnated the woman who used 228
abortion-inducing drugs through conduct constituting sexual 229
battery under Section 97-3-95, or by another person who acts in 230
concert or participation with that person. 231
SECTION 8. Defenses. (1) It is an affirmative defense to 232
an action brought under Section 7 of this act that the defendant: 233
(a) Was unaware the defendant was engaged in the 234
conduct described by Section 7(a) of this act; and 235
(b) Took every reasonable precaution to ensure the 236
defendant would not manufacture, possess, distribute, mail, 237
transport, deliver, prescribe, or provide or aid or abet the 238
manufacture, possession, distribution, mailing, transport, 239
delivery, prescription, or provision of abortion-inducing drugs. 240
(2) A defendant has the burden of proving an affirmative 241
defense under subsection (1) of this section by a preponderance of 242
the evidence. 243
(3) Notwithstanding any other law, the following are not a 244
defense to an action brought under Section 7 of this act: 245
(a) Ignorance or mistake of law; 246
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(b) A defendant's belief the requirements or provisions 247
of this chapter are unconstitutional or were unconstitutional; 248
(c) Reliance on a court decision that has been vacated, 249
reversed, or overruled on appeal or by a subsequent court, even if 250
the court decision had not been vacated, reversed, or overruled 251
when the cause of action accrued; 252
(d) Reliance on a state or federal court decision that 253
is not binding on the court in which the action has been brought; 254
(e) Reliance on a federal statute, agency rule or 255
action, or treaty that has been repealed, superseded, or declared 256
invalid or unconstitutional, even if the federal statute, agency 257
rule or action, or treaty had not been repealed, superseded, or 258
declared invalid or unconstitutional when the cause of action 259
accrued; 260
(f) The laws of another state or jurisdiction, 261
including an interstate abortion shield law, unless the 262
Mississippi Constitution or federal law, including the United 263
States Constitution, compels the court to enforce that law; 264
(g) Non-mutual issue preclusion or non-mutual claim 265
preclusion; 266
(h) The consent of the claimant or the unborn child's 267
mother to the abortion; 268
(i) Contributory or comparative negligence; 269
(j) Assumption of risk; 270
(k) Entrapment; 271
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(l) Lack of actual or proximate cause; 272
(m) Sovereign immunity, governmental immunity, or 273
official immunity; or 274
(n) A claim that enforcement of this chapter or the 275
imposition of civil liability against the defendant will violate 276
the constitutional or federally protected rights of third parties, 277
except as provided by Section 16 of this act. 278
SECTION 9. Market-share liability. Notwithstanding any 279
other law, if a claimant bringing an action under Section 7 of 280
this act is unable to identify the specific manufacturer of the 281
abortion-inducing drug that caused the death or injury that is the 282
basis for the action, liability is apportioned among all 283
manufacturers of abortion-inducing drugs in proportion to each 284
manufacturer's share of the national market for abortion-inducing 285
drugs at the time the death or injury occurred. 286
SECTION 10. Statute of limitations. Notwithstanding any 287
other law, a person may bring an action under Section 7 of this 288
act not later than the sixth anniversary of the date the cause of 289
action accrues. 290
SECTION 11. Waiver prohibited. Notwithstanding any other 291
law, a waiver or purported waiver of the right to bring an action 292
under Section 7 of this act is void as against public policy and 293
is not enforceable in any court. 294
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SECTION 12. Situations, conduct and speech for which 295
liability is not imposed. Notwithstanding any other law, this 296
chapter does not impose liability for: 297
(a) Death or personal injury resulting from an abortion 298
performed or induced by a licensed physician in response to a 299
medical emergency; 300
(b) Speech or conduct protected by the First Amendment 301
to the United States Constitution or protected by Article 3, 302
Section 13, Mississippi Constitution; 303
(c) Conduct that this state is prohibited from 304
regulating under the Mississippi Constitution or federal law, 305
including the United States Constitution; 306
(d) Conduct of a pregnant woman who aborts or seeks to 307
abort her unborn child; 308
(e) The possession, distribution, mailing, transport, 309
delivery, or provision of an abortion-inducing drug for the 310
purpose of enabling a licensed physician to treat a pregnant woman 311
during a medical emergency; 312
(f) The provision of basic public services, including 313
fire and police protection and utilities, by this state, a 314
political subdivision of this state, or a common carrier to an 315
abortion provider, an abortion assistance organization, an 316
affiliate of an abortion provider or an abortion assistance 317
organization, or a manufacturer or distributor of 318
abortion-inducing drugs, in the same manner as this state, the 319
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political subdivision, or the common carrier provides those 320
services to the general public; or 321
(g) Conduct engaged in under the direction of a federal 322
agency, contractor, or employee to carry out a duty under federal 323
law, if prohibiting that conduct would violate the doctrine of 324
preemption or intergovernmental immunity. 325
SECTION 13. Jurisdiction; applicability of state law. (1) 326
Notwithstanding any other law, including Section 13-3-57, the 327
courts of this state have personal jurisdiction over a defendant 328
sued under Section 7 of this act to the maximum extent permitted 329
by the Fourteenth Amendment to the United States Constitution, and 330
the defendant may be served outside this state. 331
(2) Notwithstanding any other law, the law of this state 332
applies to the use of an abortion-inducing drug by a resident of 333
this state, regardless of where the use of the drug occurs, and to 334
any action brought under Section 7 of this act to the maximum 335
extent permitted by the Mississippi Constitution and federal law. 336
(3) Notwithstanding any other law, any contractual 337
choice-of-law provision that requires or purports to require 338
application of the laws of a different jurisdiction is void based 339
on this state's public policy and is not enforceable in any court. 340
SECTION 14. Coordinated enforcement prohibited. (1) 341
Notwithstanding any other law, this state, a political subdivision 342
of this state, or an officer or employee of this state or a 343
political subdivision of this state may not: 344
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(a) Act in concert or participation with a claimant 345
bringing an action under Section 7 of this act; 346
(b) Establish or attempt to establish any type of 347
agency or fiduciary relationship with a claimant bringing an 348
action under Section 7 of this act; 349
(c) Attempt to control or influence a person's decision 350
to bring an action under Section 11-78-9 or that person's conduct 351
of the litigation; or 352
(d) Intervene in an action brought under Section 7 of 353
this act. 354
(2) This section shall not prohibit this state, a political 355
subdivision of this state, or an officer or employee of this state 356
or a political subdivision of this state from filing an amicus 357
curiae brief in an action brought under Section 7 of this act if 358
the state, political subdivision, officer, or employee does not 359
act in concert or participation with the claimant who brings the 360
action. 361
SECTION 15. Interactive computer service user or provider 362
immunity. Notwithstanding any other law, a provider or user of an 363
interactive computer service, internet service provider, search 364
engine, or cloud service provider has absolute and nonwaivable 365
immunity from liability or suit under this chapter for: 366
(a) Any action taken to restrict access to or 367
availability of information or material that assists or 368
facilitates access to elective abortions or abortion-inducing 369
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drugs, regardless of whether the information or material is 370
constitutionally protected from government censorship. 371
(b) Any action taken to enable or make available to 372
information content providers or others the technical means to 373
restrict access to information or material described by paragraph 374
(a) of this section; or 375
(c) Any denial of service to persons who provide or aid 376
or abet elective abortions or who manufacture, mail, distribute, 377
transport, or provide abortion-inducing drugs. 378
SECTION 16. Conditions under which affirmative defense may 379
be asserted. (1) A defendant against whom an action is brought 380
under Section 7 of this act may assert an affirmative defense to 381
liability under this section if: 382
(a) The imposition of civil liability on the defendant 383
will violate the defendant's personal constitutional or federally 384
protected rights; 385
(b) The defendant: 386
(i) Has standing to assert the rights of a third 387
party under the tests for third-party standing established by the 388
United States Supreme Court; and 389
(ii) Demonstrates the imposition of civil 390
liability on the defendant would violate constitutional or 391
federally protected rights belonging to a third party; 392
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(c) The imposition of civil liability on the defendant 393
would violate the defendant's rights under the Mississippi 394
Constitution; or 395
(d) The imposition of civil liability on the defendant 396
would violate the limits on extraterritorial jurisdiction imposed 397
by the United States Constitution or the Mississippi Constitution. 398
(2) The defendant has the burden of proving an affirmative 399
defense described by subsection (1) of this section by a 400
preponderance of the evidence. 401
SECTION 17. Construction of chapter with respect to civil 402
liability and enforcement. This chapter may not be construed to 403
limit or preclude a defendant from asserting the 404
unconstitutionality of any provision or application of the laws of 405
this state as a defense to liability under Section 7 of this act 406
or from asserting any other defense that might be available under 407
any other source of law. 408
SECTION 18. Application of other law. (1) Notwithstanding 409
any other law, a court may not apply the law of another state or 410
jurisdiction to any civil action brought under Section 7 of this 411
act unless the Mississippi Constitution or federal law, including 412
the United States Constitution, compels it to do so. 413
(2) Notwithstanding any other law, any contractual 414
choice-of-law provision that requires or purports to require 415
application of the laws of a different jurisdiction is void based 416
on this state's public policy and is not enforceable in any court. 417
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ST: Protecting Women and Children Act; enact.
SECTION 19. Contractual choice-of-forum provisions 418
prohibited. Notwithstanding any other law, any contractual 419
choice-of-forum provision that requires or purports to require a 420
civil action under Sections 7 of this act to be litigated in a 421
particular forum is void as against this state's public policy and 422
is not enforceable in any court. 423
SECTION 20. Protection from counteractions. If an action is 424
brought against a person or a judgment is entered against a person 425
based wholly or partly on the person's decision to bring or threat 426
to bring an action under Section 7 of this act, the person may 427
recover damages from the claimant who brought the action or 428
obtained the judgment or who has sought to enforce the judgment, 429
including: 430
(1) Compensatory damages created by the action or 431
judgment, including money damages in an amount of the judgment and 432
all costs, expenses, and reasonable attorney's fees spent in 433
defending the action. 434
(2) Costs, expenses, and reasonable attorney's fees 435
incurred in bringing an action under this section. 436
(3) Additional statutory damages in an amount of not 437
less than One Hundred Thousand Dollars ($100,000.00). 438
SECTION 21. Sections 1 through 20 of this act shall be 439
codified as a chapter within Title 11, Mississippi Code of 1972. 440
SECTION 22. This act shall take effect and be in force from 441
and after its passage. 442