SB 898

The bill specifies that every woman has the fundamental right to choose to

obtain a safe and legal abortion. Under the bill, the state may prohibit a woman from

obtaining an abortion after viability unless her life or health is endangered. Also

under the bill, a law or rule of this state that restricts a woman's access to abortion

is unenforceable if the law or rule does not confer any legitimate health benefit. Any

person that is or may be aggrieved by the enforcement of a law or rule passed or

promulgated after the effective date of the bill that would be unenforceable under the

bill may bring an action in state or federal court for injunctive relief or damages

against a state or local official who enforces or attempts to enforce such a law or rule.

In addition, the bill repeals various abortion-related laws, including all of the

following:

1. The bill eliminates requirements for voluntary and informed consent before

the performance of an abortion. Current law requires that a woman upon whom an

abortion is to be performed or induced must give voluntary and informed written

consent to an abortion. Except in a medical emergency, a woman's consent to an

abortion is considered informed only if, before the abortion is performed or induced

at a time specified in current law, the physician or an assistant has, in person, orally

provided the woman with certain information and given to the woman certain

written materials.

2. This bill eliminates the prohibition on giving a woman an abortion-inducing

drug unless the physician who provided the drug for the woman performs a physical

exam on the woman and is physically present in the room when the drug is given to

the woman.

3. The bill eliminates the prohibition on coverage of abortions by qualified

health plans offered through an exchange in this state.

4. The bill eliminates the prohibition on performing abortions by a physician

that does not have admitting privileges in a hospital within 30 miles of the location

where the abortion is to be performed. Under a federal appellate court ruling, the

requirement to have admitting privileges currently may not be enforced.

5. Under current law, any person, other than the mother, who intentionally

destroys the life of an unborn child may be fined not more than $10,000, imprisoned

for not more than six years, or both. 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 may be fined not more

than $50,000, imprisoned for not more than 15 years, or both. None of these penalties

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

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

that is performed, except on an emergency basis, in a licensed maternity hospital.

These provisions were cited, along with other provisions not affected by this bill that

prohibit performing an abortion generally, in