ID S1385

Law becomes effective 30 days after either a U.S. Supreme Court decision or constitutional amendment restores states' authority to prohibit abortion.

Performing or attempting to perform an abortion is a felony punishable by 2 to 5 years imprisonment; health care professionals face license suspension for minimum 6 months on first offense and permanent revocation on subsequent offenses.

Affirmative defenses allow abortion if performed by a physician to prevent the pregnant woman's death (excluding cases where physician believes woman may harm herself) using the method providing best opportunity for fetal survival.

Affirmative defense permits abortion in rape or incest cases where the woman (or parent/guardian if minor) has reported the act to law enforcement and provided documentation to the physician.

Pregnant women cannot be criminally charged or penalized for abortion; accidental death or unintentional injury to unborn child during medical treatment is not a violation.