Fiscal Summary

NOT SIGNIFICANT

Bill Summary

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 judgement, 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 the above provisions and provides, instead, 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 elective abortion. This bill defines an "elective abortion" as an abortion that is not a medically necessary abortion. An abortion is a medically necessary abortion if the following criteria is met:

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

(2) The physician determined, in the physician's good faith medical judgement, based upon the facts known by the physician at the time, that the abortion was necessary to prevent the death of the pregnant woman or to prevent serious risk of substantial and irreversible impairment to a major bodily function of the woman. No abortion is deemed to be medically necessary if performed on the basis of a claim or a 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; and

(3) The physician performs or attempts to perform the abortion in the manner which, in the physician's good faith medical judgment, based upon the facts known at the time, 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 of a major bodily function. No greater risk is to be deemed to exist if it is based on a claim or diagnosis that the women 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.