AB 175

This bill amends a statute that provides that any person, other than the mother,

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

The statute also provides that 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 does not further define the phrase “to save the life of the

mother.”

The bill amends this statute by specifying that the circumstances under which

the therapeutic abortion exception applies are: 1) when pregnancy is

contraindicated due to a serious risk of death of the pregnant woman or of substantial

and irreversible physical impairment of a major bodily function of the woman; or 2)

in any circumstance in which the fetus has no chance of survival, including a physical

condition of the fetus that makes survival of the fetus outside of the uterus not

possible, an anembryonic pregnancy, an ectopic pregnancy, or a molar pregnancy.

The bill also provides that the phrase “destroy the life” or “destroys the life” as used

in the statute does not include removal of a fetus that no longer has a heartbeat. The

bill further provides that the section does not apply to any pregnancy in the first

trimester if the pregnancy is the result of sexual assault or incest.