SB 1425

CRIMINAL ABORTION Present law provides that a person who performs or attempts to perform an abortion commits the offense of criminal abortion. Criminal abortion is a Class C felony , punishable by three to 1 5 years in prison and a fine up to $10,000 . However, i t is not a criminal abortion if the abortion is performed or attempted by a licensed physician in a licensed hospital or ambulatory surgical treatment center and both of the following conditions are met:  The physician determined, using reasonable medical judgment, based upon the facts known to the physician at the time, that the abortion was necessary to prevent the death of the pregnant woman or to prevent serious risk of substantial and irreversible impairment of a major bodily function of the pregnant woman .  The physician performs or attempts to perform the abortion in the manner which, using reasonable medical judgment, based upon the facts known to the physician at the time, provides the best opportunity for the unborn child to survive, unless using reasonable medical judgment, termination of the pregnancy in that manner would pose a greater risk of death to the pregnant woman or substantial and irreversible impairment of a major bodily function. This bill adds that it is also not a criminal abortion if it is performed or attempted by a licensed physician in a licensed hospital or ambulatory surgical treatment center and all of the following conditions are met:  The physician determined that the unborn child had a lethal fetal anomaly , as defined below, and t he diagnosis was concurred with in writing by two other physicians .  S uch concurrence was entered into the pregnant woman's medical record .  The physician informed the pregnant woman at the time of diagnosis, both verbally and in writing, that perinatal hospice and perinatal palliative care services are available and are an alternative to abortion .  The physician p erforms or attempts to perform a n abortion to address the lethal fetal anomaly , as defined below, or premature delivery of an unborn child with a lethal fetal anomaly in order to avoid the risk of intrauterine demise or avoid a health risk to the pregnant woman. DEFINITIONS This bill defines '' l ethal fetal anomaly'' a s a fetal condition diagnosed befo re the 24 th week of pregnancy that a physician, using reasonable medical judgment, determines all of the following to be true of the condition:  It i s incompatible with life outside the womb .  It w ill not improve with medical intervention .  It w ill result in the death of the fetus upon birth or imminently thereafter . This bill defines " s erious risk of substantial and irreversible impairment of a major bodily function"" a s any medically diagnosed condition that so complicates the pregnancy of a woman as to directly or indirectly cause the substantial and irreversible impairment of a major bodily function. Such conditions include, but are not limited to, preeclampsia, inevitable abortion, and premature rupture of the membranes and, depending upon the circum s tances, may also include, but are not limited to, diabetes and multiple sclerosis, but does not include any condition related to the woman's mental health ."