Signed by Governor Bill Lee

Vote Smart's Synopsis:

Vote to concur with senate amendments and pass a bill that prohibits abortion after a fetal heartbeat is detected.

Highlights:

• Defines "fetal heartbeat" as cardiac activity or the steady and repetitive rhythmic contraction of the heart of an unborn child (Sec. 2-39-15-216.a-2).

• Alleges the state has a legitimate, substantial, and compelling interest in protecting the rights of all human beings, including the fundamental and absolute right of unborn human beings to life, liberty, and all rights protected by the 14th and 9th amendments to the United States Constitution (Sec. 2-6).

• Alleges the presence of a fetal heartbeat is a medically significant indicator of life and the potential successful development of an unborn child. This state's legitimate, substantial, and compelling interest in protecting unborn children warrants the restriction of abortion in cases where the heartbeat is detectable (Sec. 2.b-3).

• Specifies the ultrasound images and heartbeat sounds that are provided to and reviewed with the pregnant woman cannot be construed to prevent the pregnant woman from averting her eyes from the ultrasound images or requesting the volume of the heartbeat be reduced or turned off if the heartbeat is audible (Sec. 2.d).

• Establishes a pregnant woman upon whom an abortion is performed or induced, or attempted to be performed or induced, is not guilty of violating this section or attempting to commit or conspiring to commit a violation (Sec. 2.h).

• Prohibits a person from performing or inducing, or attempt to perform or induce, an abortion upon a pregnant woman if the person knows that the woman is seeking the abortion because of the sex of the unborn child (Sec. 2-39-15-217.b).

• Requires a physician to report a charge to the board of medical examiners in writing within 7 calendar days of acquiring knowledge that they have been criminally charged with a violation. The report must include the jurisdiction in which the charge is pending, if known, and must also be accompanied by a copy of the charging documents, if available (Sec. 2-39-15-217.h).

• Classifies "abortion" as the use or prescription of any instrument, medicine, drug, or other substance or device to intentionally (Sec. 2-39-15-218.a):

• Kill the unborn child of a woman known to be pregnant; or

• Terminate the pregnancy of a woman known to be pregnant, with an intention other than:

• After viability, to produce a live birth and preserve the life and health of the child born alive; or

• To remove a dead unborn child;

• Prohibits a private office or an ambulatory surgical treatment center from posting the required sign in each patient waiting room and patient consultation room used by patients on whom abortions are performed (Sec. 2-39-15-218.d).

• Establishes any person who knowingly or recklessly performs or induces or attempts to perform or induce an abortion in violation of this section commits a Class E felony (Sec. 2-39-15-218.j).

• Requires the Department of Health to assess any private office, ambulatory surgical treatment center, or other facility or clinic that negligently fails to post a sign as to whether it should impose a civil penalty of $10,000 for a violation (Sec. 2-39-15-218.k).

Vote Smart's Synopsis:

Vote to amend and pass a bill that prohibits abortion after a fetal heartbeat is detected.

Highlights:

• Defines "fetal heartbeat" as cardiac activity or the steady and repetitive rhythmic contraction of the heart of an unborn child (Sec. 2-39-15-216.a-2).

• Alleges the state has a legitimate, substantial, and compelling interest in protecting the rights of all human beings, including the fundamental and absolute right of unborn human beings to life, liberty, and all rights protected by the 14th and 9th amendments to the United States Constitution (Sec. 2-6).

• Alleges the presence of a fetal heartbeat is a medically significant indicator of life and the potential successful development of an unborn child. This state's legitimate, substantial, and compelling interest in protecting unborn children warrants the restriction of abortion in cases where the heartbeat is detectable (Sec. 2.b-3).

• Specifies the ultrasound images and heartbeat sounds that are provided to and reviewed with the pregnant woman cannot be construed to prevent the pregnant woman from averting her eyes from the ultrasound images or requesting the volume of the heartbeat be reduced or turned off if the heartbeat is audible (Sec. 2.d).

• Establishes a pregnant woman upon whom an abortion is performed or induced, or attempted to be performed or induced, is not guilty of violating this section or attempting to commit or conspiring to commit a violation (Sec. 2.h).

• Prohibits a person from performing or inducing, or attempt to perform or induce, an abortion upon a pregnant woman if the person knows that the woman is seeking the abortion because of the sex of the unborn child (Sec. 2-39-15-217.b).

• Requires a physician to report a charge to the board of medical examiners in writing within 7 calendar days of acquiring knowledge that they have been criminally charged with a violation. The report must include the jurisdiction in which the charge is pending, if known, and must also be accompanied by a copy of the charging documents, if available (Sec. 2-39-15-217.h).

• Classifies "abortion" as the use or prescription of any instrument, medicine, drug, or other substance or device to intentionally (Sec. 2-39-15-218.a):

• Kill the unborn child of a woman known to be pregnant; or

• Terminate the pregnancy of a woman known to be pregnant, with an intention other than:

• After viability, to produce a live birth and preserve the life and health of the child born alive; or

• To remove a dead unborn child;

• Prohibits a private office or an ambulatory surgical treatment center from posting the required sign in each patient waiting room and patient consultation room used by patients on whom abortions are performed (Sec. 2-39-15-218.d).

• Establishes any person who knowingly or recklessly performs or induces or attempts to perform or induce an abortion in violation of this section commits a Class E felony (Sec. 2-39-15-218.j).

• Requires the Department of Health to assess any private office, ambulatory surgical treatment center, or other facility or clinic that negligently fails to post a sign as to whether it should impose a civil penalty of $10,000 for a violation (Sec. 2-39-15-218.k).