Introduced Version






HOUSE BILL No. 1246

_____


DIGEST OF INTRODUCED BILL



Citations Affected: IC 16-18-2-267.5 ; IC 16-34-2-1.

Synopsis: Partial birth abortions. Redefines the term "partial birth abortion" to refer only to the dilation and extraction technique of abortion. Specifies that a partial birth abortion may be conducted to avoid substantial permanent impairment of the life or physical health of the mother.

Effective: Upon passage.





Frizzell




    January 9, 2001, read first time and referred to Committee on Public Policy, Ethics and Veterans Affairs.







Introduced

First Regular Session 112th General Assembly (2001)


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HOUSE BILL No. 1246



    A BILL FOR AN ACT to amend the Indiana Code concerning health.

Be it enacted by the General Assembly of the State of Indiana:

SOURCE: IC 16-18-2-267.5; (01)IN1246.1.1. -->     SECTION 1. IC 16-18-2-267.5 IS AMENDED TO READ AS FOLLOWS [EFFECTIVE UPON PASSAGE]: Sec. 267.5. "Partial birth abortion" means an abortion in which: the person performing the abortion partially vaginally delivers
         (1) a living fetus before killing the fetus and completing the delivery. is removed intact from the uterus until only the head remains in the uterus;
        (2) all or part of the intracranial contents of the fetus are evacuated;
        (3) the head of the fetus is compressed; and
        (4) following fetal demise, the fetus is removed from the birth canal.

SOURCE: IC 16-34-2-1; (01)IN1246.1.2. -->     SECTION 2. IC 16-34-2-1 IS AMENDED TO READ AS FOLLOWS [EFFECTIVE UPON PASSAGE]: Sec. 1. (a) Abortion shall in all instances be a criminal act, except when performed under the following circumstances:
        (1) During the first trimester of pregnancy for reasons based upon

the professional, medical judgment of the pregnant woman's physician if:
            (A) the abortion is performed by the physician;
            (B) the woman submitting to the abortion has filed her consent with her physician. However, if in the judgment of the physician the abortion is necessary to preserve the life of the woman, her consent is not required; and
            (C) the woman submitting to the abortion has filed with her physician the written consent of her parent or legal guardian if required under section 4 of this chapter.
        (2) After the first trimester of pregnancy and before viability, for reasons based upon the professional, medical judgment of the pregnant woman's physician if:
            (A) all the circumstances and provisions required for legal abortion during the first trimester are present and adhered to; and
            (B) the abortion is performed in a hospital or ambulatory outpatient surgical center (as defined in IC 16-18-2-14 ).
        (3) Except as provided in subsection (b), after viability of the fetus for reasons based upon the professional, medical judgment of the pregnant woman's physician if:
            (A) all the circumstances and provisions required for legal abortion before viability are present and adhered to;
            (B) the abortion is performed in compliance with section 3 of this chapter; and
            (C) before the abortion the attending physician shall certify in writing to the hospital in which the abortion is to be performed, that in the attending physician's professional, medical judgment, after proper examination and review of the woman's history, the abortion is necessary to prevent a substantial permanent impairment of the life or physical health of the pregnant woman. All facts and reasons supporting the certification shall be set forth by the physician in writing and attached to the certificate.
    (b) A person may not knowingly or intentionally perform a partial birth abortion unless a physician reasonably believes that:
        (1) performing the partial birth abortion is necessary to save the mother's life avoid substantial permanent impairment of the life or physical health of the pregnant woman; and
        (2) no other medical procedure is sufficient to save the mother's life avoid substantial permanent impairment of the life or physical health of the pregnant woman.


SOURCE: ; (01)IN1246.1.3. -->     SECTION 3. An emergency is declared for this act.