AB 357

This bill changes the definition of abortion for purposes of requiring voluntary

and informed consent for abortions to provide that abortion does not include a

physician's performance of a medical procedure or treatment designed or intended

to prevent the death of a pregnant woman and not designed or intended to kill the

unborn child, including an early induction or cesarean section performed due to a

medical emergency or the removal of a miscarriage or an ectopic, anembryonic, or

molar pregnancy, which results in injury to or death of the woman's unborn child

when the physician makes reasonable medical efforts under the circumstances to

preserve both the life of the woman and the life of her unborn child in a manner

consistent with conventional medical practice. This definition applies to certain

other abortion-related provisions, including prohibitions on funding for

abortion-related activities, limitations on the prescription and use of

abortion-inducing drugs, and the prohibition on abortion if the probable

postfertilization age of the unborn child is 20 or more weeks.

The bill also 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 bill eliminates the therapeutic abortion exception and

instead specifies that the statutory prohibitions do not apply to a physician's

performance of a medical procedure or treatment designed or intended to prevent the

death of a pregnant woman and not designed or intended to kill the unborn child,

including an early induction or cesarean section performed due to a medical

emergency or the removal of a miscarriage or an ectopic, anembryonic, or molar

pregnancy, which results in injury to or death of the woman's unborn child when the

physician makes reasonable medical efforts under the circumstances to preserve

both the life of the woman and the life of her unborn child in a manner consistent with

conventional medical practice.