Fiscal Summary

NOT SIGNIFICANT

Bill Summary

This bill specifies that the offense of criminal abortion does not include an abortion that was necessary due to a medical emergency affecting the physical or mental health of the pregnant person or performed on a patient whose pregnancy was the result of rape or incest when the physician performing the abortion has verified the patient reported the offense to the appropriate law enforcement agency prior to the procedure.

Under present law, a person who performs or attempts to perform an abortion commits the offense of criminal abortion, a Class C felony. Present law provides an affirmative defense to prosecution if, proven by a preponderance of the evidence:

(1) The abortion was performed or attempted by a licensed physician;

(2) The physician determined, in their good faith medical judgment, based upon the facts known to the physician, that the abortion was necessary to prevent the death of the pregnant woman or to prevent serious risk of substantial and irreversible impairment of a major bodily function of the pregnant woman. However, no abortion is authorized if performed on the basis of a claim or diagnosis that the woman will engage in conduct that would result in her death or substantial irreversible impairment of a major bodily function or for any reason relating to her mental health; and

(3) The physician performs or attempts to perform the abortion which, in the physician's good faith medical judgment, based upon the facts known to the physician, provides the best opportunity for the unborn child to survive, unless in the physician's good faith medical judgment, termination of the pregnancy in that manner would pose a greater risk of the death of the pregnant woman or substantial and irreversible impairment to a major bodily function. However, no greater risk is deemed to exist if it is based on a claim or diagnosis that the woman will engage in conduct that would result in her death or substantial and irreversible impairment of a major bodily function or for any reason relating to her mental health.

This bill deletes these provisions of law, removing the affirmative defense, and provides that a person commits the offense of criminal abortion, still classified as a Class C felony, when the person performs or attempts to perform an abortion that was not:

(1) Performed or attempted by a licensed physician who determined, based upon the facts known to the physician, that the abortion was necessary to protect the physical or mental health of the pregnant woman; or

(2) Performed or attempted by a licensed physician on a patient whose pregnancy was the result of rape, aggravated rape, especially aggravated rape, rape of a child, especially aggravated rape of a child, or incest as long as the physician performing the abortion verified that the patient reported the offense to the appropriate law enforcement agency prior to the procedure.

This bill applies to acts committed on or after July 1, 2023.