State

Briefs

Bioethics in Law & Culture                                                                                                                                                                                                                                              Summer  2020      vol.  3  issue  3

 

 

A summary of state legislation April 1, 2020 – June 30, 2020

Joe Kral, M.A.

 

Colorado:

Due Date Too Late (Late-Term Abortion Ban -22 weeks)

June 8, 2020 – The Colorado Secretary of State announced that Ballot Initiative 120, a mandate that would ban abortions after 22 weeks gestation, had enough signatures to be placed on the November 2020 ballot.

 

IVF Insurance Coverage:

April 1, 2020 – Governor Jared Polis signed into law HB 20-1158 which would mandate that insurance companies provide IVF coverage for policyholders.

 

Unborn as Persons:

June 1, 2020 – The Colorado Supreme Court ruled that unborn children cannot be considered victims of child abuse under the current laws. The ruling did leave open the possibility for the Colorado Legislature to pass legislation that does recognize unborn children as abuse victims.

 

Florida:

IVF Contracts Regarding Embryonic Children Disposal:

June 19, 2020 – Governor Ron DeSantis signed SB 698 into law. The bill would codify that a contract must be made prior to IVF treatments regarding the disposition of the embryos if the couple were to divorce, separate, or do not want any more children.

 

Parental Consent:

June 30, 2020 – Governor Ron DeSantis signed SB 404. This law will require abortionists to obtain parental consent from at least one parent prior to the abortion procedure. The bill also requires abortionists to provide care for a child born from an attempted abortion or abortion.

 

Iowa:

Informed Consent:

June 14, 2020 – The Iowa Legislature passed the informed consent bill, HF 594. The bill is quite comprehensive and includes measures such as an ultrasound requirement, a 24 hour waiting period, information on abortion risks, and information on abortion alternatives. The bill is essentially an amendment that passed both chambers within a span of a few hours. The bill now moves to Gov. Kim Reynolds desk for either her signature or veto.

 

June 23, 2020 – Planned Parenthood filed suit to block enforcement of the bill. The bill has yet to be signed by Gov. Kim Reynolds.

 

June 29, 2020 – Governor Kim Reynolds signed HF 594 into law.

 

June 30, 2020 – State District Court Judge Mitchell Turner issued a temporary injunction against the enforcement of HF 594.

 

 

Kentucky:

Born-Alive Infants Protection Act:

April 15, 2020 – The Kentucky Senate passed SB 9. The bill now moves to Governor Andy Beshear for either his signature or veto. The bill would mandate that an infant who is born from either an abortion or attempted abortion and in need of medical care must receive the medical care that is appropriate for a child of that gestational age.

 

April 24, 2020 – Governor Andy Beshear vetoed SB 9.

 

Dismemberment Abortion Ban:

June 2, 2020 – US Sixth Court of Appeals, in a 2-1 decision, upheld a lower district court’s ruling striking down Kentucky’s Dismemberment Abortion Ban. The law prohibited the dismemberment of a living unborn child.

 

Enforcing Abortion Restrictions:

April 15, 2020 – The Kentucky Senate passed HB 451. This bill would give the state Attorney General the power to enforce abortion restrictions by broadening his authority to seek civil and criminal penalties against violators. The bill now moves to Governor Andy Beshear for either his signature or veto.

 

April 24, 2020 – Governor Andy Beshear vetoed HB 451.

 

Mississippi:

Prenatal Non-Discrimination Act:

June 17, 2020 – The Mississippi Senate passed HB 1295 - The Life Equity Act, 33-11. If enacted the bill would prohibit the abortion of unborn children based on race, sex, or disability. The bill moves back to the House for approval of changes made in the Senate.

 

June 22, 2020 – The House passed HB 1295, 91-25. The bill now heads to Governor Tate Reeves for either his signature or veto.

 

New York:

Commercial Surrogacy:

April 2, 2020 – The New York Legislature passed the State Budget Bill which contained a provision that legalized commercial surrogacy. The bill now moves to Governor Andrew Cuomo’s desk for either his signature or veto.

 

Oklahoma:

Unborn Person Wrongful Death Act (Anti-Coercion Law):

May 22, 2020 – Governor Kevin Stitt signed SB 1728 into law. The law would amend the current informed consent laws to include penalties for abortionists who knowingly perform an abortion on a woman who has been coerced into one. It also provides legal recourse for women if the abortionist fails to properly apply the informed consent laws within the state.

              

Pennsylvania:

Telemed Abortions:

April 29, 2020 – Governor Tom Wolf vetoed SB 857 which would have prohibited the practice of telemed abortions.

 

Tennessee:

Abortion Pill Reversal Information Act:

June 1, 2020 – The Tennessee House passed HB 2568, 71-22. The bill would mandate women seeking a medical abortion be given information about how the procedure may be reversed. The bill now moves to the Senate for consideration.

 

Fetal Heartbeat Bill:

June 18, 2020 – The Tennessee House passed HB 2263, 68-17. The bill would prohibit the abortion of an unborn child when a fetal heartbeat is detected, usually around 6 weeks gestation. The bill would also prohibit the abortion of those unborn children diagnosed with Down Syndrome. The bill now moves to the Senate for consideration.

 

June 18, 2020 – The Tennessee House passed HB 2263, 23-5. The bill now moves to Governor Bill Lee for either his signature or veto.

 

June 19, 2020 – The Tennessee House passed SB 2196 which is the companion bill to HB 2263.

 

June 22, 2020 – The ACLU and Planned Parenthood filed a suit to block enforcement of the HB 2263. The law has yet to be signed or vetoed by Governor Bill Lee.

 

Virginia:

Reproductive Health Protection Act (Repeal of Pro-Life Laws):

April 11, 2020 – Governor Ralph Northam signed SB 733 into law. The bill repeals the following pro-life laws: informed consent, 24 – hour waiting period, required ultrasound prior to abortion, physician-only requirement, and abortion clinic regulations.