SB 804

Under current law, no fine or imprisonment may be imposed or enforced against and no prosecution may be brought against a woman who obtains an abortion or otherwise violates any provision of any abortion statute with respect to her unborn child or fetus and certain criminal statutes do not apply to such a woman. Other current abortion-related statutory restrictions do not apply, or no penalty may be assessed against, a woman obtaining an abortion.

This bill adds specific protections for women with regard to their own pregnancy outcomes. The bill provides that, in addition to existing protections, no fine or imprisonment may be imposed or enforced against and no prosecution may be brought against a woman for the outcome of her own pregnancy, including stillbirth, miscarriage, abortion, or any other pregnancy outcome that does not result in a live birth. Also, under the bill, no person may be held civilly liable for, discriminated against, or otherwise punished or penalized for the outcome of her own pregnancy, including stillbirth, miscarriage, abortion, or any other pregnancy outcome that does not result in a live birth.

The bill provides that no law enforcement officer or law enforcement agency may investigate a person as a crime suspect because of any pregnancy outcome that the person has experienced and further provides that a law enforcement officer or law enforcement agency may investigate a case in which the conduct that constitutes a crime is related to any pregnancy outcome of a person other than the crime suspect only if the law enforcement officer or law enforcement agency first obtains the consent of the person whose pregnancy was affected.

The bill specifies that for the purposes of criminal penalties associated with mutilating or hiding a corpse and concealing or not reporting the death or disappearance of a child, the term “corpse” does not include fetal tissue that is the result of a pregnancy outcome other than a live birth or stillbirth.

The bill also prohibits any funds of this state, of any county, city, village, town, or long-term care district, of any subdivision of this state, or of any subdivision or agency of any county, city, village, or town or any federal funds passing through the state treasury from being authorized for or paid to any person to subsidize, reimburse, or otherwise provide compensation for the investigation of a person as a crime suspect because of any pregnancy outcome that the person has experienced.