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First Substitute H.B. 90
This document includes House Committee Amendments incorporated into the bill on Fri, Jan 30, 2009 at 1:56 PM by ddonat. --> This document includes House Floor Amendments incorporated into the bill on Tue, Feb 3, 2009 at 12:08 PM by jeyring. --> This document includes Senate 2nd Reading Floor Amendments incorporated into the bill on Fri, Feb 13, 2009 at 12:12 PM by rday. -->
7 LONG TITLE
8 General Description:
9 This bill amends portions of the Utah Criminal Code relating to abortion.
10 Highlighted Provisions:
11 This bill:
12 . removes an unconstitutional provision requiring that all abortions performed 90
13 days or more after the commencement of a pregnancy be performed in a hospital;
13a H. . defines the term "viable"; .H
14 . provides that an abortion may only be performed in this state if:
15 . the unborn child is not viable H. [
16 . the unborn child is viable H. [
17 is necessary to avert the death of the woman on whom the abortion is
18 performed, the abortion is necessary to avert a serious risk of substantial and
19 irreversible impairment of a major bodily function of the woman, H. [
20 abortion is performed, under certain circumstances, on an unborn child who has
21 a naturally occurring medical condition that makes it highly unlikely that the
22 child will survive more than 24 hours after birth
22a medicine concur, in writing, that the fetus has a defect that is uniformly diagnosable and
22b uniformly lethal , or the woman is pregnant as a result of rape, rape of a child, or incest .H ;
23 . provides that a violation of the provisions in the preceding paragraph constitute the
24 second degree felony offense of "killing an unborn child";
25 . provides that a woman who seeks to have, or obtains, an abortion for herself is not
26 criminally liable;
27 . makes technical changes; and
28 . enacts an uncodified severability clause.
29 Monies Appropriated in this Bill:
31 Other Special Clauses:
32 This bill provides a severability clause.
33 Utah Code Sections Affected:
35 76-7-302, as last amended by Laws of Utah 2004, Chapter 90
36 76-7-314, as last amended by Laws of Utah 2004, Chapter 272
38 76-7-314.5, Utah Code Annotated 1953
40 76-7-317.2, as last amended by Laws of Utah 2008, Chapter 250
41 Uncodified Material Affected:
42 ENACTS UNCODIFIED MATERIAL
44 Be it enacted by the Legislature of the state of Utah:
45 Section 1. Section 76-7-302 is amended to read:
46 76-7-302. Circumstances under which abortion authorized.
46a H. (1) As used in this section, "viable" means that the unborn child has reached a
46b stage of fetal development when the unborn child is potentially able to live outside the womb
46c S. [
46d reasonable degree of medical certainty.
48 medicine under Title 58, Chapter 67, Utah Medical Practice Act or an osteopathic physician
49 licensed to practice medicine under Title 58, Chapter 68, Utah Osteopathic Medical Practice
50 Act [
52 H. [
71 (a) the unborn child is not viable H. [
72 (b) the unborn child is viable H. [
73 (i) the abortion is necessary to avert:
74 (A) the death of the woman on whom the abortion is performed; or
75 (B) a serious risk of substantial and irreversible impairment of a major bodily function
76 of the woman on whom the abortion is performed; H. [
78 medical condition that makes it highly unlikely that the child will survive more than 24 hours
79 after birth; and
80 (B) there is not a medically acceptable intervention or procedure that:
81 (I) may be performed before or after the child's birth;
82 (II) may be performed without risk to the health of the woman on whom the abortion is
83 performed; and
84 (III) has a reasonable chance of extending the child's life beyond 24 hours.
84a (ii) two physicians who practice maternal fetal medicine concur, in writing, in the
84b patient's medical record that the fetus has a defect that is uniformly diagnosable and
84c uniformly lethal [
84d (iii) (A) the woman is pregnant as a result of:
84e (I) rape, as described in Section 76-5-402;
84f (II) rape of a child, as described in Section 76-5-402.1; or
84g (III) incest, as described in Subsection 76-5-406(10) or Section 76-7-102; and
84h (B) before the abortion is performed, the physician who performs the
84j (I) verifies that the incident described in Subsection (3)(b)(iii)(A) has been
84k reported to law enforcement; and
84l (II) complies with the requirements of Section 62A-4a-403.
85a have, or
86 obtains, an abortion for herself is not criminally liable.
87 Section 2. Section 76-7-314 is amended to read:
88 76-7-314. Violations of abortion laws -- Classifications.
92 obtains an abortion for herself is not criminally liable.
94 prosecuted under Section 76-7-326 or 76-7-329 for a conspiracy to violate Section 76-7-326 or
95 76-7-329 .
97 76-7-311 , or 76-7-312 is a felony of the third degree.
99 (5) A violation of Section 76-7-314.5 is a felony of the second degree.
101 Section 3. Section 76-7-314.5 is enacted to read:
102 76-7-314.5. Killing an unborn child.
103 (1) A person is guilty of killing an unborn child if the person causes the death of an
104 unborn child by performing an abortion of the unborn child in violation of the provisions of
105 Subsection 76-7-302 H. [
106 (2) Notwithstanding any other provision of this section, a woman who seeks to have, or
107 obtains, an abortion for herself is not criminally liable.
108 Section 4. Repealer.
109 This bill repeals:
110 Section 76-7-317.2, Finding of unconstitutionality -- Revival of old law.
111 Section 5. Severability clause.
112 If any one or more provision, section, subsection, sentence, clause, phrase, or word of
113 this bill or the application thereof to any person or circumstance is found to be unconstitutional,
114 the same is hereby declared to be severable and the balance of this bill shall remain effective
115 notwithstanding such unconstitutionality. The Legislature hereby declares that it would have
116 passed this bill, and each provision, section, subsection, sentence, clause, phrase, or word
117 thereof, irrespective of the fact that any one or more provision, section, subsection, sentence,
118 clause, phrase, or word be declared unconstitutional.
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