SB1385: Abortion; when lawful, 15-week gestational age, exceptions, penalty.

Legislative Summary

Abortion; when lawful; 15-week gestational age; exceptions; penalty. Makes it a Class 4 felony for any physician licensed by the Board of Medicine to practice medicine and surgery to terminate or attempt to terminate a human pregnancy or aid or assist in the termination of a human pregnancy by performing an abortion or causing a miscarriage on any woman if the physician determines using best clinical judgment that the gestational age of the unborn child is more than 15 weeks, unless (i) the physician determines, based upon best clinical judgment, that the continuation of the pregnancy will result in the death of the woman or substantially and irreversibly impair one or more of such woman's major bodily functions, not including psychological or emotional conditions, or (ii) the pregnancy is the result of rape or incest. The bill further requires that any abortion procedure performed after it is determined that the unborn child's gestational age is more than 15 weeks is required to be performed in a hospital licensed by the State Department of Health or operated by the Department of Behavioral Health and Developmental Services. The bill provides that its provisions shall be known as the Pain-Capable Unborn Child Protection Act. Abortion; when lawful; 15-week gestational age; exceptions; penalty. Makes it a Class 4 felony for any physician licensed by the Board of Medicine to practice medicine and surgery to terminate or attempt to terminate a human pregnancy or aid or assist in the termination of a human pregnancy by performing an abortion or causing a miscarriage on any woman if the physician determines using best clinical judgment that the gestational age of the unborn child is more than 15 weeks, unless (i) the physician determines, based upon best clinical judgment, that the continuation of the pregnancy will result in the death of the woman or substantially and irreversibly impair one or more of such woman's major bodily functions, not including psychological or emotional conditions, or (ii) the pregnancy is the result of rape or incest. The bill further requires that any abortion procedure performed after it is determined that the unborn child's gestational age is more than 15 weeks is required to be performed in a hospital licensed by the State Department of Health or operated by the Department of Behavioral Health and Developmental Services. The bill provides that its provisions shall be known as the Pain-Capable Unborn Child Protection Act.