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ID S1309

Bill

Status

Passed

3/23/2022

Primary Sponsor

State Affairs Committee

Click for details

Origin

Senate

2022 Regular Session

AI Summary

  • Prohibits abortion when a fetal heartbeat is detected, except in cases of medical emergency, rape, or incest (rape and incest cases require reporting to law enforcement prior to the procedure).

  • Establishes that the statute does not recognize a right to abortion before a fetal heartbeat is detected.

  • Makes violation of the abortion prohibition a felony punishable by 2-5 years imprisonment and requires suspension of professional medical license for minimum 6 months on first offense and permanent revocation on subsequent offenses.

  • Allows civil lawsuits by the pregnant woman, father, grandparents, siblings, or aunts/uncles of the preborn child for minimum statutory damages of $20,000 plus actual damages and attorney's fees; bars state prosecution and limits actions to persons who did not impregnate the mother through rape or incest.

  • Effective 30 days after an appellate court upholds an abortion restriction based on fetal heartbeat detection as constitutional, and becomes operative upon Governor's signature.

Legislative Description

Amends existing law to revise the prohibitions, penalties, and causes of action of the Fetal Heartbeat Preborn Child Protection Act.

FETAL HEARTBEAT PREBORN CHILD PROTECTION ACT

Last Action

Session Law Chapter 152 Effective: 04/22/2022

3/23/2022

Committee Referrals

State Affairs3/4/2022
State Affairs2/14/2022
Judiciary and Rules2/11/2022

Full Bill Text

No bill text available