Signed by Governor Bill Lee

Vote Smart's Synopsis:

Vote to pass a bill that requires either a funeral or cremation of abortion remains.

Highlights:

• Defines "fetal remains" as an aborted fetus or fetal tissue that results from an abortion of an unborn child (Sec. 1.a-4).

• Defines "interment" as the burial or entombment of fetal remains (Sec. 1.a-5).

• Requires final disposition of fetal remains from a surgical abortion at an abortion facility to be by cremation or interment (Sec. 1.b-1).

• Establishes a pregnant woman who has a surgical abortion has the right to determine the following regarding the fetal remains (Sec. 1.c):

• Whether the final disposition is by cremation or interment; and

• The location for the final disposition.

• Requires a pregnant woman who is under 18 years of age, unmarried, and unemancipated to obtain parental consent from one of the pregnant woman's parents, guardian, or custodian to the final disposition determination she makes. The consent must be made in writing using a form prescribed by the Department of Health (Sec. 1-3.A).

• Specifies if the disposition determination identifies a location for final disposition other than a location provided by the abortion facility, then the pregnant woman is responsible for the costs related to the final disposition of the fetal remains at the chosen location (Sec. 1.h-2).

• Requires an abortion facility to maintain evidentiary documentation demonstrating the date and method of the disposition of fetal remains from surgical abortions performed or induced in the facility (Sec. 1.j).

• Specifies a pregnant woman who has a surgical abortion, the fetal remains from which are not disposed of in compliance with this law is not guilty of committing, attempting to commit, complicity in the commission of, or conspiracy in the commission (Sec. 1.p).

• Prohibits an operator of a crematory facility from doing the following (Sec. 2.a):

• Cremate fetal remains without receiving a copy of a properly executed form;

• Dispose of cremated fetal remains by a means other than one of the following:

• Placing the cremated fetal remains in a grave, crypt, or niche;

• Scattering the cremated fetal remains in a dignified manner, including in a memorial garden, at sea, by air, or at a lawful scattering ground;

• Releasing the cremated fetal remains to the pregnant woman or a party designated by the pregnant woman; or

• Any other lawful manner.

• Arrange for the disposal of cremated fetal remains; or

• Arrange for the transfer of the cremated fetal remains for disposal.

Full Bill Text

Vote Smart's Synopsis:

Vote to pass a bill that requires either a funeral or cremation of abortion remains.

Highlights:

• Defines "fetal remains" as an aborted fetus or fetal tissue that results from an abortion of an unborn child (Sec. 1.a-4).

• Defines "interment" as the burial or entombment of fetal remains (Sec. 1.a-5).

• Requires final disposition of fetal remains from a surgical abortion at an abortion facility to be by cremation or interment (Sec. 1.b-1).

• Establishes a pregnant woman who has a surgical abortion has the right to determine the following regarding the fetal remains (Sec. 1.c):

• Whether the final disposition is by cremation or interment; and

• The location for the final disposition.

• Requires a pregnant woman who is under 18 years of age, unmarried, and unemancipated to obtain parental consent from one of the pregnant woman's parents, guardian, or custodian to the final disposition determination she makes. The consent must be made in writing using a form prescribed by the Department of Health (Sec. 1-3.A).

• Specifies if the disposition determination identifies a location for final disposition other than a location provided by the abortion facility, then the pregnant woman is responsible for the costs related to the final disposition of the fetal remains at the chosen location (Sec. 1.h-2).

• Requires an abortion facility to maintain evidentiary documentation demonstrating the date and method of the disposition of fetal remains from surgical abortions performed or induced in the facility (Sec. 1.j).

• Specifies a pregnant woman who has a surgical abortion, the fetal remains from which are not disposed of in compliance with this law is not guilty of committing, attempting to commit, complicity in the commission of, or conspiracy in the commission (Sec. 1.p).

• Prohibits an operator of a crematory facility from doing the following (Sec. 2.a):

• Cremate fetal remains without receiving a copy of a properly executed form;

• Dispose of cremated fetal remains by a means other than one of the following:

• Placing the cremated fetal remains in a grave, crypt, or niche;

• Scattering the cremated fetal remains in a dignified manner, including in a memorial garden, at sea, by air, or at a lawful scattering ground;

• Releasing the cremated fetal remains to the pregnant woman or a party designated by the pregnant woman; or

• Any other lawful manner.

• Arrange for the disposal of cremated fetal remains; or

• Arrange for the transfer of the cremated fetal remains for disposal.

Full Bill Text