SB 345

Present law provides that a person who performs or attempts to perform an abortion commits the offense of criminal abortion. Criminal abort ion is a Class C felony, punishable by a sentence of imprisonment not less than three years nor more than 15 years, and , in addition, the jury may assess a fine not to exceed $10,000. However, a person who performs or attempts to perform an abortion does not commit the offense of 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 removes the above provisions and provides, instead, that a person commits the offense of criminal abortion, still a Class C felony, when the person performs or attempts to perform an abortion that was either:  Not performed or attempted by a licensed physician who determined, based upon the facts known to the physician at the time, that the abortion was necessary to protect the physical or mental health of the pregnant woman; or  Not performed or attempted by a licensed physician on a patient whose pregnancy is the result of aggravated rape, rape, rape of a child, especially aggravated rape, especially aggravated rape of a child, or incest.