AB 367

This bill repeals a statute relating to abortion that has been held unenforceable

by a federal court. Under that statute, any person, other than the mother, who

intentionally destroys the life of an unborn child is guilty of a Class H felony.

“Unborn child" is defined as a human being from the time of conception until born

alive. Also, any person, other than the mother, who intentionally destroys the life

of an unborn quick child or causes the mother's death by an act done with intent to

destroy the life of an unborn child is guilty of a Class E felony. None of these penalties

apply to a therapeutic abortion that is performed by a physician; is necessary, or

advised by two other physicians as necessary, to save the life of the mother; and,

unless an emergency prevents, is performed in a licensed maternity hospital.

The statute was cited in

Roe v. Wade

, 410 U.S. 113 (1973), as similar to a Texas

statute that was held to violate the due process clause of the 14th Amendment of the

U.S. Constitution. The unenforceability of the statute following the

Roe v. Wade

decision was noted in a subsequent decision by a federal district court,

Larkin v.

McCann

, 368 F. Supp. 1352 (E.D. Wis., 1974).