Relating to elective abortion and feticide, providing penalties, and including effective date provisions

This bill relates to elective abortions and feticide and provides criminal penalties. The bill defines “elective abortion”, “fertilization”, “medical emergency”, and “unborn child”.2 that prohibits a person from knowingly using, employing, or administering any drug, instrument, device, means, or procedure upon a pregnant woman with the specific intent to cause an elective abortion, or from aiding or abetting such conduct.2 who violates the bill shall be subject to licensee discipline. The board of medicine is directed to adopt administrative rules to administer and enforce the new Code section. 8, relating to nonconsensual termination or serious injury to a human pregnancy. Current law requires, as an element of the crimes of feticide and attempted feticide that a person has the knowledge and voluntary consent of the pregnant person after the end of the second trimester of the pregnancy. The bill removes these elements from the crimes of feticide and attempted feticide. The bill provides that any person who intentionally causes the death of an unborn child commits feticide, and increases the penalty from a class “C” felony to a class “A” felony. The bill provides that any person, other than a pregnant woman, who attempts to cause the death of an unborn child where death of the unborn child does not result commits attempted feticide, and increases the penalty from a class “D” felony to a class “B” felony. The bill removes the criminal penalty for any person who terminates a human pregnancy, with the knowledge and voluntary consent of the pregnant person, who is not a person licensed to practice medicine and surgery or osteopathic medicine and surgery. The penalty for causing the death of an unborn child during the commission of a forcible felony is a class “A” felony. Current law provides that a person who terminates a human pregnancy without the consent of the pregnant person during the commission of a felony or felonious assault is guilty of a class “C” felony. Under the bill, a person who causes the death of an unborn child during the commission of a public offense other than a forcible felony commits a class “D” felony. Under the bill, a person who unintentionally causes the death of an unborn child by the commission of an act in a manner likely to cause the death of or serious injury to the unborn child commits an aggravated misdemeanor; a person who intentionally causes serious injury to an unborn child by the commission of an act in a manner likely to cause the death of or serious injury to the unborn child commits an aggravated misdemeanor; a person who unintentionally causes serious injury to an unborn child by the commission of an act in a manner likely to cause the death of or serious injury to the unborn child commits a serious misdemeanor.7 shall not apply to the death of or serious injury to an unborn child that occurs as a result of a medical procedure performed by a licensed physician that is necessary to preserve the life of a pregnant woman whose life is endangered by a physical disorder, physical illness, or physical injury as described in the bill.7 also does not apply to an act committed in self-defense, in defense of another person, or any other act committed if legally justified or excused. Under the bill, a pregnant woman shall not be prosecuted for the death or serious injury of or the attempt to cause death or serious injury of her unborn child.7 does not apply to the termination of a human pregnancy performed by a licensed physician when in the best clinical judgment of the physician the termination is performed to preserve the life or health of the pregnant person or fetus.7.8. A class “A” felony is punishable by confinement for life without possibility of parole. A class “B” felony is punishable by confinement for no more than 25 years. A class “C” felony is punishable for no more than 10 years and a fine of at least $1,370 but not more than $13,660. A class “D” felony is punishable by confinement for no more than five years and a fine of at least $1,025 but not more than $10,245. An aggravated misdemeanor is punishable by confinement for no more than two years and a fine of at least $855 but not more than $8,540. A serious misdemeanor is punishable by a fine of at least $430 but not more than $2,560. The bill takes effect upon enactment.