Fiscal Summary

NOT SIGNIFICANT

Bill Summary

CRIMINAL ABORTION

Present law provides the following:

(1) A person who performs or attempts to perform an abortion --- the use of any instrument, medicine, drug, or any other substance or device with intent to terminate the pregnancy of a woman known to be pregnant with intent other than to increase the probability of a live birth, to preserve the life or health of the child after live birth, or to remove a dead fetus--- commits the offense of criminal abortion;

(2) Criminal abortion is a Class C felony;

(3) It is an affirmative defense to the prosecution of a criminal abortion, which must be proven by a preponderance of the evidence, that the abortion was performed or attempted by a licensed physician; the performing physician determined, in his or her good faith medical judgment, based upon known facts, that the abortion was necessary to prevent the death or serious risk of substantial and irreversible impairment of a major bodily function of the pregnant woman; the physician performs or attempts to perform the abortion in the manner which, in his or her good faith medical judgment with the known facts, provides the best opportunity for the unborn child to survive, unless in the physician’s good faith 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; and

(4) No abortion is deemed authorized under the present law or a greater risk deemed to exist if either 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 removes (1)-(2) above and adds that, except for certain enumerated exceptions, a person who performs or attempts to perform an abortion commits the offense of criminal abortion, which is a Class C felony. This bill clarifies that an abortion is not a violation under this bill if the following occurs:

(A) The abortion is performed on a woman whose pregnancy is the result of aggravated rape; rape; rape of a child; especially aggravated rape; especially aggravated rape of a child; or incest;

(B) The abortion is performed by a physician, who is licensed or certified statutorily, in a hospital that is licensed by the department of health, or a hospital operated by the state of Tennessee or a branch of the federal government;

(C) The physician performing the abortion confirms prior to the procedure, that the pregnant woman reported the offense to the appropriate law enforcement agency or rape crisis center, which then reported the offense to the appropriate law enforcement agency; and if appropriate and available, submitted to a forensic medical examination.

(D) In performing the abortion, the physician ensures that a sample of the embryonic or fetal tissue extracted during the abortion will be preserved and available to be turned over to the Tennessee bureau of investigation for use in the investigation into the offense; and

(E) At the time of the abortion, the woman had been pregnant for the enumerated amounts of time, as calculated from the first day of the last menstrual period of the woman, of 10 weeks or less, for a woman who is 12 or younger; or eight weeks or less, for a woman who is 13 or older.

This bill also allows a law enforcement officer to confirm the existence of a law enforcement report and forensic medical examination for an alleged aggravated rape; rape; rape of a child; especially aggravated rape; especially aggravated rape of a child; or incest along with the identity of the victim of the offense to a physician, if the confirmation is required by (C).

FALSE REPORTS

Present law provides that it is a Class D felony for a person to do the following:

(1) Initiate a report or statement to a law enforcement officer concerning an offense or incident within the officer’s concern knowing that either the incident did not occur; or the person has no information relating to the offense or incident reported; or the information relating to the offense is false; or

(2) Make a report or statement in response to a legitimate inquiry by a law enforcement officer concerning a material fact about an offense or incident within the officer's concern, knowing that the report or statement is false and with the intent to obstruct or hinder the officer from preventing the offense or incident from occurring or continuing to occur; or apprehending or locating another person suspected of committing an offense.

This bill provides that a violation of (1) becomes a Class C felony when the false report or statement was made by the defendant in order to obtain an abortion pursuant to (A)-(E). This bill requires the defendant to be sentenced to a mandatory minimum sentence of at least three years in incarceration, and the person must serve 100 percent of the three-year minimum sentence.