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ID H0374

Bill

Status

Passed

4/6/2023

Primary Sponsor

State Affairs Committee

Click for details

Origin

House of Representatives

2023 Regular Session

AI Summary

  • Renames Section 18-622 from "Criminal Abortion" to "Defense of Life Act" and removes the condition that the law becomes effective only after a U.S. Supreme Court decision or constitutional amendment restoring state abortion authority.

  • Establishes that abortions performed to prevent death of the pregnant woman or during the first trimester following reported rape or incest are not criminal abortions, provided the physician uses the method providing the best opportunity for fetal survival.

  • Requires rape or incest victims (or their parents/guardians if minors) to report the act to law enforcement or child protective services and provide a copy of the report to the physician prior to abortion, with the report kept confidential in the medical record.

  • Entitles persons who made rape or incest reports to receive a copy of such report within 72 hours, subject to redaction as necessary to avoid interference with investigations.

  • Makes criminal abortion a felony punishable by 2 to 5 years imprisonment, with health care professional licenses suspended for minimum 6 months on first offense and permanently revoked on subsequent offenses; effective July 1, 2023, with retroactive application to pending claims as of that date.

Legislative Description

Amends existing law to revise the definition of “abortion” and to provide that certain actions and attempts shall not be considered criminal abortions.

CRIMES

Last Action

Reported Signed by Governor on April 4, 2023 Session Law Chapter 298 Effective: 07/01/2023

4/6/2023

Committee Referrals

State Affairs3/29/2023
State Affairs3/28/2023

Full Bill Text

No bill text available