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H.B. 90 Enrolled
6 Cosponsor:Kerry W. Gibson 7
8 LONG TITLE
9 General Description:
10 This bill amends portions of the Utah Criminal Code relating to abortion.
11 Highlighted Provisions:
12 This bill:
13 . removes an unconstitutional provision requiring that all abortions performed 90
14 days or more after the commencement of a pregnancy be performed in a hospital;
15 . defines the term "viable";
16 . provides that an abortion may only be performed in this state if:
17 . the unborn child is not viable; or
18 . the unborn child is viable, if the abortion is necessary to avert the death of the
19 woman on whom the abortion is performed, the abortion is necessary to avert a
20 serious risk of substantial and irreversible impairment of a major bodily
21 function of the woman, two physicians who practice maternal fetal medicine
22 concur, in writing, that the fetus has a defect that is uniformly diagnosable and
23 uniformly lethal, or the woman is pregnant as a result of rape, rape of a child, or
25 . provides that a violation of the provisions in the preceding paragraph constitute the
26 second degree felony offense of "killing an unborn child";
27 . provides that a woman who seeks to have, or obtains, an abortion for herself is not
28 criminally liable;
29 . makes technical changes; and
30 . enacts an uncodified severability clause.
31 Monies Appropriated in this Bill:
33 Other Special Clauses:
34 This bill provides a severability clause.
35 Utah Code Sections Affected:
37 76-7-302, as last amended by Laws of Utah 2004, Chapter 90
38 76-7-314, as last amended by Laws of Utah 2004, Chapter 272
40 76-7-314.5, Utah Code Annotated 1953
42 76-7-317.2, as last amended by Laws of Utah 2008, Chapter 250
43 Uncodified Material Affected:
44 ENACTS UNCODIFIED MATERIAL
46 Be it enacted by the Legislature of the state of Utah:
47 Section 1. Section 76-7-302 is amended to read:
48 76-7-302. Circumstances under which abortion authorized.
49 (1) As used in this section, "viable" means that the unborn child has reached a stage of
50 fetal development when the unborn child is potentially able to live outside the womb, as
51 determined by the attending physician to a reasonable degree of medical certainty.
53 practice medicine under Title 58, Chapter 67, Utah Medical Practice Act or an osteopathic
54 physician licensed to practice medicine under Title 58, Chapter 68, Utah Osteopathic Medical
55 Practice Act [
78 (a) the unborn child is not viable; or
79 (b) the unborn child is viable, if:
80 (i) the abortion is necessary to avert:
81 (A) the death of the woman on whom the abortion is performed; or
82 (B) a serious risk of substantial and irreversible impairment of a major bodily function
83 of the woman on whom the abortion is performed;
84 (ii) two physicians who practice maternal fetal medicine concur, in writing, in the
85 patient's medical record that the fetus has a defect that is uniformly diagnosable and uniformly
86 lethal; or
87 (iii) (A) the woman is pregnant as a result of:
88 (I) rape, as described in Section 76-5-402 ;
89 (II) rape of a child, as described in Section 76-5-402.1 ; or
90 (III) incest, as described in Subsection 76-5-406 (10) or Section 76-7-102 ; and
91 (B) before the abortion is performed, the physician who performs the abortion:
92 (I) verifies that the incident described in Subsection (3)(b)(iii)(A) has been reported to
93 law enforcement; and
94 (II) complies with the requirements of Section 62A-4a-403 .
95 (4) Notwithstanding any other provision of this section, a woman who seeks to have,
96 or obtains, an abortion for herself is not criminally liable.
97 Section 2. Section 76-7-314 is amended to read:
98 76-7-314. Violations of abortion laws -- Classifications.
102 or obtains an abortion for herself is not criminally liable.
104 prosecuted under Section 76-7-326 or 76-7-329 for a conspiracy to violate Section 76-7-326
105 or 76-7-329 .
107 76-7-311 , or 76-7-312 is a felony of the third degree.
109 (5) A violation of Section 76-7-314.5 is a felony of the second degree.
111 Section 3. Section 76-7-314.5 is enacted to read:
112 76-7-314.5. Killing an unborn child.
113 (1) A person is guilty of killing an unborn child if the person causes the death of an
114 unborn child by performing an abortion of the unborn child in violation of the provisions of
115 Subsection 76-7-302 (3).
116 (2) Notwithstanding any other provision of this section, a woman who seeks to have,
117 or obtains, an abortion for herself is not criminally liable.
118 Section 4. Repealer.
119 This bill repeals:
120 Section 76-7-317.2, Finding of unconstitutionality -- Revival of old law.
121 Section 5. Severability clause.
122 If any one or more provision, section, subsection, sentence, clause, phrase, or word of
123 this bill or the application thereof to any person or circumstance is found to be
124 unconstitutional, the same is hereby declared to be severable and the balance of this bill shall
125 remain effective notwithstanding such unconstitutionality. The Legislature hereby declares
126 that it would have passed this bill, and each provision, section, subsection, sentence, clause,
127 phrase, or word thereof, irrespective of the fact that any one or more provision, section,
128 subsection, sentence, clause, phrase, or word be declared unconstitutional.
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