H.B. 538 Summary

• The Human Life Protection Act applies only upon either a U.S. Supreme Court decision upholding a state's authority to prohibit abortion or adoption of a constitutional amendment authorizing state abortion prohibitions.

• Prohibits any person from intentionally causing or inducing an abortion through drugs or instruments, making violation a fourth-degree felony; provides affirmative defense only when abortion is necessary to prevent pregnant woman's death or serious risk of substantial irreversible bodily function impairment.

• Prohibits manufacturing, possessing, selling, or distributing drugs, medicines, instruments, or devices intended to cause abortion, with exceptions for lawful medical purposes; violation is a first-degree misdemeanor.

• Prohibits anyone from intentionally killing a child born alive from attempted abortion or failing to preserve the life of such a child; violation is a first-degree felony punishable by minimum 4-7 years and maximum 25 years imprisonment plus fine up to $10,000.

• Grants women immunity from prosecution under the act and allows civil wrongful death actions against violators with minimum damages of $10,000, court costs, and attorney fees; requires state medical board to revoke physician licenses for violations.