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Key Votes

HB 1211 - Prohibits Dilation and Evacuation Abortions - Indiana Key Vote

Bob Cherry voted Yea (Passage) on this Legislation.

Read statements Bob Cherry made in this general time period.

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Issues Related to HB 1211

Stage Details

Legislation - Bill Passed (Senate) (38-10) - (Key vote)
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Title: Prohibits Dilation and Evacuation Abortions

Vote Result
Yea Votes
Nay Votes
Vote Smart's Synopsis:

Vote to pass a bill that prohibits certain dilation and evacuation abortion procedures.

Highlights:
  • Prohibits physicians from performing dilation and evacuation abortions that extract the fetus using clamps, grasping forceps, tongs, scissors, or similar instruments (Sec. 1).

  • Exempts abortions performed due to “serious health risks”, medical conditions, or risks of death (Sec. 2).

  • Specifies that “serious health risks” do not include psychological or emotional conditions, nor claims or a diagnosis that the individual will engage in conduct that results physical harm or death (Sec. 2).

  • Prohibits the individual upon whom the abortion is performed from being prosecuted for violation of this bill (Sec. 5).

  • Specifies that the the individual upon whem the abortion is performed is not liable for any damages related to the abortion (Sec. 6).

  • Specifies that the following individuals who worked at the direction of the physician who performed the abortion are not liable for damages associated with the abortion (Sec. 6):

    • Nurses;

    • Technicians;

    • Secretaries;

    • Receptionists;

    • Other facility employees; and

    • Pharmacists who fill a prescription or provides instruments for the abortion.

 

  • Authorizes the following individuals to petition for an injunction against the physician who performed the abortion (Sec. 7):

    • The individual whom the abortion was performed on;

    • The parent or guardian of the individual  whom the abortion was performed on if the individual was under 18 years old; or

    • A prosecuting attorney in the jurisdiction where either the abortion was performed or where the individual whom the abortion was performed on resides.

  • Prohibits any physician who has an injunction filed against them from performing further abortions in violation of this bill (Sec. 7)

  • Authorizes the following individuals to file for recovery of damages against a physician who performed an abortion in violation of this bill (Sec. 8):

    • The individual whom the abortion was performed;

    • The father father of the unborn fetus; or

    • If the individual was less than 18 years old at the time of the abortion procedure or if the individual died as a result of the abortion, the maternal grandparents of the unborn fetus on whom the abortion was performed.

  • Prohibits any damages from being awarded if the pregnancy resulted from the plaintiff’s criminal conduct (Sec. 8).

  • Authorizes that damages awarded to include psychological and physical injuries caused by the abortion, and damages equal to three times the cost of the abortion (Sec. 8).

  • Requires that if judgement is in favor of the plaintiff, the court will order reasonable attorney’s fees in favor of the plaintiff (Sec. 9).

  • Requires that if judgement is not in favor of the plaintiff, the court will order reasonable attorney’s fees to the defendant (Sec. 9).

  • Requires the identity of the individual on whom the abortion was performed to be withheld from public disclosure (Sec. 10).

Legislation - Bill Passed (House) (71-25) - (Key vote)
See How Your Politicians Voted

Title: Prohibits Dilation and Evacuation Abortions

Vote Result
Yea Votes
Nay Votes
Vote Smart's Synopsis:

Vote to pass a bill that prohibits certain dilation and evacuation abortion procedures.

Highlights:
  • Prohibits physicians from performing dilation and evacuation abortions that extract the fetus using clamps, grasping forceps, tongs, scissors, or similar instruments (Sec. 1).

  • Exempts abortions performed due to “serious health risks”, medical conditions, or risks of death (Sec. 2).

  • Specifies that “serious health risks” do not include psychological or emotional conditions, nor claims or a diagnosis that the individual will engage in conduct that results physical harm or death (Sec. 2).

  • Prohibits the individual upon whom the abortion is performed from being prosecuted for violation of this bill (Sec. 5).

  • Specifies that the the individual upon whem the abortion is performed is not liable for any damages related to the abortion (Sec. 6).

  • Specifies that the following individuals who worked at the direction of the physician who performed the abortion are not liable for damages associated with the abortion (Sec. 6):

    • Nurses;

    • Technicians;

    • Secretaries;

    • Receptionists;

    • Other facility employees; and

    • Pharmacists who fill a prescription or provides instruments for the abortion.

 

  • Authorizes the following individuals to petition for an injunction against the physician who performed the abortion (Sec. 7):

    • The individual whom the abortion was performed on;

    • The parent or guardian of the individual  whom the abortion was performed on if the individual was under 18 years old; or

    • A prosecuting attorney in the jurisdiction where either the abortion was performed or where the individual whom the abortion was performed on resides.

  • Prohibits any physician who has an injunction filed against them from performing further abortions in violation of this bill (Sec. 7)

  • Authorizes the following individuals to file for recovery of damages against a physician who performed an abortion in violation of this bill (Sec. 8):

    • The individual whom the abortion was performed;

    • The father father of the unborn fetus; or

    • If the individual was less than 18 years old at the time of the abortion procedure or if the individual died as a result of the abortion, the maternal grandparents of the unborn fetus on whom the abortion was performed.

  • Prohibits any damages from being awarded if the pregnancy resulted from the plaintiff’s criminal conduct (Sec. 8).

  • Authorizes that damages awarded to include psychological and physical injuries caused by the abortion, and damages equal to three times the cost of the abortion (Sec. 8).

  • Requires that if judgement is in favor of the plaintiff, the court will order reasonable attorney’s fees in favor of the plaintiff (Sec. 9).

  • Requires that if judgement is not in favor of the plaintiff, the court will order reasonable attorney’s fees to the defendant (Sec. 9).

  • Requires the identity of the individual on whom the abortion was performed to be withheld from public disclosure (Sec. 10).

Legislation - Introduced (House) -

Title: Prohibits Dilation and Evacuation Abortions

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