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Fetal Heartbeat Detection (SB 1961 / HB 1892)

Prohibits abortions from the point a fetal heartbeat is detected; requires fetal heartbeat testing prior to an abortion; creates exceptions.

Bill Analysis

This bill as drafted is virtually identical to the original language of SB 244/HB 108. However, as discussed above, SB 244 was amended in a House subcommittee because there was insufficient support to pass the bill as drafted. It would be expected that this bill will also not have the support for passage as written.

Bill Sponsors

Pody in the Senate
Van Huss in the House

Bill Status

No action taken in the House or Senate.

Full Text: Senate Bill / House Bill

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Fetal Heartbeat Bill (SB 244 / HB 108)

As drafted, the bill would ban abortion if a fetal heartbeat is detected. However, the bill has been amended to require additional reporting of information and notice to the pregnant woman of the right to be informed of the results of an ultrasound, if any.

Bill Analysis

The bill was amended in the House Health Subcommittee due to concerns that as written it would not survive a constitutional challenge under existing Supreme Court precedent, as states can ban abortion after “viability” which, legally, is considered to occur at 24 weeks.

As amended, the doctor performing an abortion will include information that must be reported to the Department of Health whether an ultrasound was performed on the pregnant woman, and if so, whether a heartbeat was detected. This information must also be included in the information that must be provided to the pregnant woman prior to the abortion being performed.

Bill Sponsors

Pody in the Senate
Van Huss in the House

Bill Status

Signed by Governor 5/3/18, Public Chapter 862.

Full Text: Senate Bill / House Bill

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Fetal Heartbeat Bill Pushed Back a Week

House Bill 108, sponsored by Rep. Van Huss, which would make it illegal to abort a baby once a fetal heartbeat is detected through ultrasound, has been pushed back a week in the House Health Subcommittee after an amendment was not filed in a timely manner. This bill would change the viability of the fetus from the current 24-week gestational period set from the Roe v. Wade Supreme Court decision to the first trimester, between six and 12 weeks.The attorney general opined this week that parts of the bill would be “institutionally suspect” under current Supreme Court interpretations of the U.S. Constitution. The companion bill in the Senate is Senate Bill 244, sponsored by Sen. Beavers.

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Fetal Heartbeat Bill (SB 244 / HB 108)

BILL SUMMARY

Also known as the Fetal Heartbeat Bill, it bans abortion if a fetal heartbeat is detected.

BILL ANALYSIS

It is questionable whether this would survive a constitutional challenge under existing Supreme Court precedent, as states can ban abortion after “viability” which, legally, is considered to occur at 24 weeks.

Passage of the bill could result in a lawsuit that would reach the U.S. Supreme Court and provide a context in which Roe v. Wade could be overturned.

As amended, if an ultrasound is performed prior to an abortion, requires the reporting of certain information related to whether a heartbeat was detected and requires woman/patient be given the option to be informed of the results.

BILL SPONSORS

Pody in the Senate, Van Huss in the House

TRACK THIS BILL

Full Text: Senate Bill / House Bill

BILL STATUS

Signed by the Governor 5/3/18. Public Chapter 862.

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