Signed by Governor Eric Holcomb

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).

Full Bill Text

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).

Full Bill Text