Amendments	Fiscal Memos
HA0213	Amendment 1-0 to HB1189
HA0544	Amendment 2-0 to HB1189
HA0545	Amendment 3-0 to HB1189
HA0552	Amendment 4-0 to HB1189
HA0575	Amendment 5-0 to HB1189

	Amendments	Fiscal Memos
SA0464	Amendment 1-1 to SB1180

NOTE: Each fiscal memorandum applies only to the amendment(s) identified in the memorandum. The fiscal memorandum must be matched to any amendments that have been adopted.

Fiscal Summary

(CORRECTED) Increase State Expenditures - $8,800/Incarceration*

Bill Summary

This bill prohibits abortion of a viable fetus except in a medical emergency, and requires testing prior to an abortion to determine viability if a woman is at least 20 weeks pregnant.

Generally under present law, if all other requirements for a lawful abortion are met, an abortion may be performed during the viability of the fetus, if the abortion or attempt to procure a miscarriage is performed with the pregnant woman's consent and by the pregnant woman's attending physician, in a hospital; and if, prior to the abortion or attempt to procure a miscarriage the physician has certified in writing to the hospital in which the abortion or attempt to procure a miscarriage is to be performed, that the abortion or attempt to procure a miscarriage is necessary to preserve the life or health of the mother.

This bill deletes the provision above and prohibits the abortion of a viable fetus as follows:

(1) A person will be prohibited from purposely performing or inducing, or attempting to perform or induce, an abortion upon a pregnant woman when the unborn child is viable;
(2) It will be an affirmative defense to any criminal prosecution brought under
(1) that the abortion was performed or induced, or attempted to be performed or induced, by a licensed physician and that the physician determined, based upon the facts known to the physician at the time, that either:

(A) The unborn child was not viable; or
(B) The abortion was necessary to prevent the death or serious risk of substantial and irreversible impairment of a major bodily function of the pregnant woman. No abortion will be deemed authorized if performed on the basis of a claim or diagnosis that the woman will engage in conduct resulting in her death or substantial and irreversible impairment of a major bodily function or for any reason relating to her mental health;

(3) Except in a medical emergency that prevents compliance with the viability determination, the affirmative defense in (2)(A) will not apply unless the physician who performs or induces, or attempts to perform or induce, the abortion makes the viability determination and certifies in writing that the unborn child is not viable;
(4) Except in a medical emergency that prevents compliance, the affirmative defense in (2)(B) will not apply unless the physician who performs or induces, or attempts to perform or induce, the abortion complies with each of the following conditions:

(A) The physician who performs or induces, or attempts to perform or induce, the abortion certifies in writing that the abortion will be necessary to prevent the death or serious risk of the substantial and irreversible impairment of a major bodily function of the pregnant woman;
(B) Another physician, not professionally related to the physician who intends to perform or induce the abortion, certifies in writing that the abortion will be necessary to prevent the death or serious risk of the substantial and irreversible impairment of a major bodily function of the pregnant woman;
(C) The physician performs or induces, or attempts to perform or induce, the
abortion in a hospital or other healthcare facility that has appropriate neonatal services for premature infants;
(D) The physician who performs or induces, or attempts to perform or induce, the abortion terminates or attempts to terminate the pregnancy in the manner that provides the best opportunity for the unborn child to survive, unless that physician determines that the termination of the pregnancy in that manner poses a significantly greater risk of the death or substantial and irreversible impairment of a major bodily function of the pregnant woman than would other available methods of abortion;
(E) The physician certifies in writing the available methods or techniques considered and the reasons for choosing the method or technique employed; and
(F) The physician who performs or induces, or attempts to perform or induce, the abortion has arranged for the attendance in the same room in which the abortion will be performed or induced, or attempted to be performed or induced, at least one other physician who will take control of, provide immediate medical care for, and take all reasonable steps necessary to preserve the life and health of the unborn child immediately upon the child's complete expulsion or extraction from the pregnant woman;

(5) There will be a rebuttable presumption that an unborn child of at least 24 weeks gestational age is viable;
(6) A violation of the provisions described above in (1) will be a Class C felony;
(7) The appropriate licensing authority will revoke the medical license of a physician who violates the provisions described above in (1);
(8) A pregnant woman upon whom an abortion is performed or induced, or attempted to be performed or induced, in violation of the provisions described above in (1) will not be guilty of violating (1), or of attempting to commit or conspiring to commit a violation of (1); and
(9) Except in a medical emergency that prevents compliance, this bill prohibits a physician from:

(A) Performing or inducing, or attempting to perform or induce, an abortion upon a pregnant woman after the beginning of the 20th week of pregnancy, as measured by gestational age, unless, prior to the performance or inducement of the abortion, or the attempt to perform or induce the abortion:

(i) The physician determines that the unborn child is not viable; and
(ii) The physician makes that determination after performing a medical examination of the pregnant woman and after assessing gestational age, weight, bi-parietal diameter, or other factors that a reasonable physician would consider;

(B) Performing or inducing, or attempting to perform or induce, an abortion upon a pregnant woman after the beginning of her 20th week of pregnancy (as measured by gestational age), without first entering the determination made in (9)(A) and the associated findings of the medical examination and assessment described in (9)(A) in the medical record of the pregnant woman;
(C) A violation of (9)(A) or (9)(B) will be a Class A misdemeanor; and
(D) The appropriate licensing authority will suspend, for a period of not less than six months, the medical license of a physician who violates (9)(A) or (9)(B).

This bill specifies that it does not repeal or limit other laws that restrict or regulate the performance of an abortion, including the present law ban on partial birth abortions.

ON MAY 1, 2017, THE SENATE ADOPTED AMENDMENT #1 AND PASSED SENATE BILL 1180, AS AMENDED.

AMENDMENT #1 revises various provisions of this bill, as follows:

(1) Revises the requirements regarding certification from a second physician to require that such physician not be "associated in a practice with" the physician who intends to perform the abortion instead of not being "professionally related to" the physician who intends to perform the abortion;
(2) Removes "or other healthcare facility" from the requirement that the abortion be performed in a hospital or other healthcare facility that has appropriate neonatal services for premature infants, and adds that the hospital requirement will not apply if there is no hospital within 30 miles with neonatal services and the physician who intends to perform or induce the abortion has admitting privileges at the hospital where the abortion is to be performed;
(3) Specifies that the requirement that the appropriate licensing authority revoke the medical license of a physician who violates this bill will apply without regard to whether the person has been charged with or has been convicted of having violated this bill in a criminal prosecution, but that the physician may raise the affirmative defense provided in this bill;
(4) Corrects a typographical error in this bill's provision that specifies that it does not repeal or limit other laws that restrict or regulate the performance of an abortion, including the present law ban on partial birth abortions; and
(5) Requires that a physician who performs an abortion upon a pregnant woman after the beginning of the 20th week of pregnancy assess gestational age, weight, bi-parietal diameter, and other factors that "the physician in the physician's good faith medical judgement would consider in determining whether an unborn child is viable" instead of other factors that "a reasonable physician in making a determination as to
whether an unborn child is viable, would consider".