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H.B. 90
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7 LONG TITLE
8 General Description:
9 This bill amends the Utah Criminal Code by enacting the second degree felony of
10 "criminal homicide abortion."
11 Highlighted Provisions:
12 This bill:
13 . includes "criminal homicide abortion" as "criminal homicide";
14 . describes the elements of criminal homicide abortion;
15 . provides that a person is not guilty of criminal homicide abortion if the abortion
16 performed by the person is:
17 . necessary to avert the death of the woman on whom the abortion is performed;
18 . necessary to avert a serious risk of substantial and irreversible impairment of a
19 major bodily function of the woman on whom the abortion is performed; or
20 . performed on an unborn child who has a naturally occurring medical condition
21 that makes it highly unlikely that the unborn child will survive more than 24
22 hours after birth, if there is not a medically acceptable intervention or procedure
23 that: may be performed before or after the child's birth, may be performed
24 without risk to the mother's health, and has a reasonable chance of extending the
25 child's life beyond 24 hours;
26 . provides that a woman who seeks to have, or obtains, an abortion for herself is not
27 criminally liable under this bill;
28 . makes criminal homicide abortion a second degree felony; and
29 . makes technical changes.
30 Monies Appropriated in this Bill:
31 None
32 Other Special Clauses:
33 None
34 Utah Code Sections Affected:
35 AMENDS:
36 76-5-201, as last amended by Laws of Utah 2002, Chapter 327
37 76-7-314, as last amended by Laws of Utah 2004, Chapter 272
38 76-7-329, as enacted by Laws of Utah 2004, Chapter 272
39 ENACTS:
40 76-7-314.5, Utah Code Annotated 1953
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42 Be it enacted by the Legislature of the state of Utah:
43 Section 1. Section 76-5-201 is amended to read:
44 76-5-201. Criminal homicide -- Elements -- Designations of offenses.
45 (1) (a) A person commits criminal homicide if he intentionally, knowingly, recklessly,
46 with criminal negligence, or acting with a mental state otherwise specified in the statute
47 defining the offense, causes the death of another human being, including an unborn child at any
48 stage of its development.
49 (b) There shall be no cause of action for criminal homicide for the death of an unborn
50 child caused by an abortion, unless the abortion constitutes criminal homicide abortion under
51 Section 76-7-314.5 .
52 (2) Criminal homicide is aggravated murder, murder, manslaughter, child abuse
53 homicide, criminal homicide abortion, homicide by assault, negligent homicide, or automobile
54 homicide.
55 Section 2. Section 76-7-314 is amended to read:
56 76-7-314. Violations of abortion laws -- Classifications.
57 (1) (a) Any person who intentionally performs an abortion other than as authorized by
58 this part is guilty of a felony of the third degree.
59 (b) (i) Notwithstanding any other provision of law, a woman who seeks to have or
60 obtains an abortion for herself is not criminally liable.
61 (ii) A woman upon whom a partial birth abortion is performed may not be prosecuted
62 under Section 76-7-314.5 , 76-7-326 , or 76-7-329 for a conspiracy to violate Section
63 76-7-314.5 , 76-7-326 , or 76-7-329 .
64 (2) A willful violation of Section 76-7-307 , 76-7-308 , 76-7-310 , 76-7-310.5 , 76-7-311 ,
65 or 76-7-312 is a felony of the third degree.
66 (3) A violation of Section 76-7-326 or 76-7-329 is a felony of the third degree.
67 (4) A violation of any other provision of this part is a class A misdemeanor.
68 (5) The provisions and penalties of Section 76-7-314.5 supercede any conflicting
69 provisions or penalties of this section.
70 Section 3. Section 76-7-314.5 is enacted to read:
71 76-7-314.5. Criminal homicide abortion.
72 (1) Except as provided in Subsection (2), a person is guilty of criminal homicide
73 abortion if the person causes the death of an unborn child by intentionally performing an
74 abortion of the unborn child after the unborn child is viable to survive outside the womb.
75 (2) It is not a violation of this section if the abortion is:
76 (a) necessary to avert:
77 (i) the death of the woman on whom the abortion is performed; or
78 (ii) a serious risk of substantial and irreversible impairment of a major bodily function
79 of the woman on whom the abortion is performed; or
80 (b) (i) performed on an unborn child who has a naturally occurring medical condition
81 that makes it highly unlikely that the unborn child will survive more than 24 hours after birth;
82 and
83 (ii) there is not a medically acceptable intervention or procedure that:
84 (A) may be performed before or after the child's birth;
85 (B) may be performed without risk to the health of the woman on whom the abortion is
86 performed; and
87 (C) has a reasonable chance of extending the child's life beyond 24 hours.
88 (3) Notwithstanding any other provision of this section, a woman who seeks to have, or
89 obtains, an abortion for herself is not criminally liable.
90 (4) Criminal homicide abortion is a second degree felony.
91 Section 4. Section 76-7-329 is amended to read:
92 76-7-329. Person unauthorized to perform abortions -- Penalties.
93 A person who is not legally authorized by the state to perform abortions, but who
94 nevertheless directly performs a partial birth abortion, is subject to Sections 76-7-301 ,
95 76-7-314 , 76-7-314.5 , 76-7-326 , and 76-7-327 .
Legislative Review Note
as of 1-5-09 5:10 PM