State

Briefs

Bioethics in Law & Culture                                                                                                                                                                                                                                                   Spring  2021      vol.  4  issue  2

 

 

New Hampshire:

Born Alive Infant Protection Act:

February 24, 2021 – The New Hampshire House passed a Born Alive Infant Protection Act. If passed into law, the bill would require a child born due to an abortion or abortion attempt to be given the same standard of medical care appropriate for a child of that gestational age. The bill now proceeds to a second committee assignment for consideration.

 

Late-Term Abortion Ban (24 Weeks):

February 24, 2021 – The New Hampshire House passed a Late-Term Abortion Ban (HB 625), 181-49. The bill, if passed into law, would ban abortions after 24-weeks of gestation. The bill now proceeds to the Senate for consideration.

 

 

New Mexico:

Assisted Suicide:

January 29, 2021 – The New Mexico House Health and Human Services Committee passed an assisted suicide bill, 7-4. The bill now moves to the House Judiciary Committee for consideration.

 

March 15, 2021 – The New Mexico Senate passed the assisted suicide bill, 24-17. The bill now moves to the House for consideration.

 

Codifying Abortion:

January 25, 2021 – The New Mexico Senate Health and Public Affairs Committee passed SB 10, 5-3. The bill would repeal what few pro-life provisions the state already has, including pre-Roe abortion prohibitions and conscience provisions. The bill now moves to the Senate Judiciary Committee for consideration.

 

January 27, 2021 – The New Mexico House Health and Human Services Committee passed HB 7, 8-3. It is the companion bill to SB 10. It now moves to the House Judiciary Committee for consideration.

 

January 29, 2021 – The New Mexico House Judiciary Committee passed HB 7, 8-4. The bill now moves to the House Floor for consideration.

 

February 11, 2021 – The New Mexico Senate passed SB 10, 25-17. The bill now moves to the House for consideration.

 

February 16, 2021 – The New Mexico House Judiciary Committee passed SB 10, 8-4. The bill now proceeds to the House Floor for consideration.

 

February 19, 2021 – The New Mexico House passed SB 10, 40-30. The bill now moves to Governor Michelle Lujan Grisham’s desk for either her signature or veto.

 

February 26, 2021 – New Mexico Governor Michelle Lujan Grisham has signed SB 10 into law.

 

 

North Dakota:

Assisted Suicide:

February 18, 2021 – The North Dakota House of Representative defeated HB 1415, 85-9. The bill would have legalized assisted suicide in the state.

 

Equal Rights Amendment:

February 22, 2021 – The North Dakota Senate passed a resolution (SCR 4010) that stated it no longer supports the ratification of the Equal Rights Amendment. Many pro-life scholars have shown that the ERA contains language that would codify legal abortion. The resolution now moves to the House for consideration.

 

 

Pennsylvania:

Abortion Funding Ban:

March 25, 2021 – A Commonwealth Court panel ruled that a group of abortion providers did not have standing to sue regarding the state’s Abortion Control Act which prohibits the funding of abortions.

 

 

South Carolina:

Fetal Heartbeat Bill:

January 14, 2021 – The Senate Medical Affairs Subcommittee passed S. 1, a Fetal Heartbeat Bill. The bill, if enacted, would prohibit abortion when a fetal heartbeat is detectable, usually around six weeks gestation. The bill now heads to the full Senate Medical Affairs Committee for consideration.

 

January 21, 2021 – The Senate Medical Affairs Committee passed S. 1, 9-8. The bill now moves to the Senate Floor for consideration.

 

January 28, 2021- The South Carolina Senate passed S. 1, 30-13. The bill does contain rape, incest, and life of the mother exceptions. It now moves to the House for consideration.

 

February 3, 2021 – The South Carolina House Judiciary Subcommittee passed S. 1, 3-2. The bill now moves to the full committee for consideration.

 

February 9, 2021 – The South Carolina House Judiciary Committee passed S. 1, 15-8. The bill now proceeds to the House Floor for consideration.

 

February 17, 2021 – The South Carolina House passed S. 1, 79-35. The bill now proceeds to Governor Henry McMaster’s desk for either his signature or veto.

 

February 18, 2021 – Planned Parenthood has filed suit to block enforcement of S. 1 even before the governor has signed the bill.

 

February 18, 2021 – South Carolina Governor Henry McMaster has signed S. 1 into law. Attorney General Alan Wilson has promised to defend the new law. The law went into effect immediately.

 

February 19, 2021 – US District Judge Mary Geiger Lewis temporarily enjoined the law.

 

March 19, 2021 – US District Judge Mary Geiger Lewis permanently enjoined the law.

 

 

South Dakota:

Abortion Definition:

March 2, 2021 – The South Dakota Senate Judiciary Committee unanimously passed HB 1114. This bill redefines the term “abortion” in state law. The current definition is “the use of any means to intentionally terminate the pregnancy of a woman known to be pregnant with knowledge that the termination with those means will, with reasonable likelihood, cause the death of the fetus.” The new definition would state the “intentional termination of the life of a human being in the uterus.” This new definition would cover “selective abortions” in which a mother who is carrying multiple unborn children selectively picks one or more to abort yet remains pregnant with one or more of the unborn children. Since the bill passed unanimously in committee, the bill proceeds to the Senate for consideration.

 

March 4, 2021 – The South Dakota Senate passed HB 1114, 31-3. It now proceeds to Governor Kristi Noem’s desk for either her signature or veto.

 

March 26, 2021 – Governor Kristi Noem has signed HB 1114 into law.

 

Born Alive Infant Protection Act:

January 25, 2021 – The South Dakota House Health and Human Services Committee passed the Born Alive Infants Protect Act (HB 1051), 10-3. If passed into law, the bill would require a child born due to an abortion or abortion attempt to be given the same standard of medical care appropriate for a child of that gestational age. It also requires the abortionist to report instances of children born alive. The bill now moves to the House Floor for consideration.

 

January 28, 2021 – The South Dakota House passed HB 1051. The bill now moves to the Senate for consideration.

 

February 10, 2021 – The South Dakota Senate Health and Human Services Committee passed HB 1051. The bill now moves to the Senate Floor for consideration.

 

February 16, 2021 – The South Dakota Senate passed HB 1051. The bill now proceeds to Governor Kristi Noem for either her signature or veto.

 

February 25, 2021 – Governor Kristi Noem signed HB 1051 into law.

 

Coerced/Forced Abortion Ban (Surrogacy):

March 10, 2021 – The South Dakota Legislature passed SB 183. The bill would mandate that it is prohibited to coerce or force a surrogate into an abortion. The bill now proceeds to Governor Kristi Noem’s desk for either her signature or veto.

 

March 26, 2021 – Governor Kristi Noem signed SB 183 into law.

 

Eugenic Abortion Ban (Down Syndrome):

February 17, 2021 – The South Dakota House Committee passed HB 1110 by unanimous vote. The bill would prohibit abortion on an unborn child that has been diagnosed with Down Syndrome. The bill now proceeds to the House Floor for consideration.

 

March 1, 2021 – The South Dakota Senate Health and Human Services Committee passed HB 1110, 5-0. The bill now proceeds to the Senate Floor for consideration.

 

March 4, 2021 – The South Dakota Senate unanimously passed HB 1110. The bill now proceeds to Governor Kristi Noem’s desk for either her signature or veto.

 

March 26, 2021 – Governor Kristi Noem signed HB 1110 into law.

 

IVF Embryo Reporting:

February 22, 2021 – The South Dakota House passed HB 1248, 47-21. The bill requires IVF clinics to report the number of IVF embryonic children disposed of or destroyed. The bill now moves to the Senate for consideration.

 

March 1, 2021 – The South Dakota Senate Health and Human Services Committee defeated HB 1248 by sending the bill to “41st day”, a tactic that used Senate rules to kill the bill for the legislative cycle.

 

 

Tennessee:

Abortion Pill Reversal Information Act (Informed Consent):

February 26, 2021 – US District Judge William Campbell issued a preliminary injunction on the

Abortion Pill Reversal Information Act.

 

Fetal Heartbeat Law:

February 26, 2021 – US District Judge William Campbell issued a preliminary injunction on the

Fetal Heartbeat Law.

 

Humane Fetal Disposition:

March 30, 2021 – The Tennessee House Health Subcommittee passed a Humane Fetal Disposition Law. If enacted, the law would require the remains of aborted unborn children to be humanely cremated or buried. The bill now proceeds to the full committee for consideration.

 

Waiting Period Law:

February 19, 2021 – The US Sixth Court of Appeals refused to lift an injunction blocking enforcement of Tennessee's requirement that women wait 48 hours before an abortion after receiving information in a 2-1 decision. Currently, the law is on appeal.

 

Texas:

Abortion Ban (Human Life Protection Act):

March 16, 2021 - The Texas State Affairs Committee passed SB 9. This bill would allow Texas to ban abortion to the extent that the US Supreme Court allows. So if the Court allows a fifteen-week ban, Texas then would ban abortions at fifteen weeks gestation. If Roe is overturned, then abortion would be completely banned in the state. The bill now proceeds to the full Senate for consideration.

 

March 29, 2021 – The Texas Senate passed SB 9. The bill now proceeds to the House for consideration.

 

Abortion Ban (Texas Abolition Strategy):

March 16, 2021 – The Texas State Affairs Committee passed SB 1647. The bill is an omnibus bill that would 1) prohibit eugenic abortions, 2) prohibit the abortion of the unborn child when a fetal heartbeat is detected, and 3) prohibit all elective abortions. Each has different effective dates. The bill now moves to the full Senate for consideration.

 

March 29, 2021 – The Texas Senate passed SB 1647. The bill now moves to the House for consideration.

 

Abortion Funding:

March 10, 2021 – Texas District Court Judge Lora Livingston ruled that Texas can enforce its law defunding the abortion industry from its Medicaid program.

 

Abortion Pill Regulation:

March 16, 2021 – The Texas Senate State Affairs Committee passed SB 394. The bill mandates certain safety protocols remain in place regardless if federal protocols are repealed. The bill moves to the full Senate for consideration.

 

March 29, 2021 – The Texas Senate passed SB 394. The bill now proceeds to the House for consideration.

 

Eugenic Abortion Ban:

March 16, 2021 – The Texas State Affairs Committee passed SB 1173. The bill prohibits the intentional abortion of unborn children that may have a genetic abnormality. The bill now proceeds to the full Senate for consideration.

 

March 29, 2021 – The Texas Senate passed SB 1173. The bill now proceeds to the House for consideration.

 

Fetal Heartbeat Bill:

March 16, 2021 – The Texas State Affairs Committee passed SB 8. The bill, if enacted, would prohibit abortion when a fetal heartbeat is detectable, usually around six weeks gestation. The bill now heads to the full Senate for consideration.

 

March 29, 2021 – The Texas Senate passed SB 8. The bill now proceeds to the House for consideration.

 

Judicial Bypass Regulation (Parental Consent Law):

March 31, 2021 – The Texas House Judiciary & Civil Jurisprudence Committee passed HB 1171. The bill would amend the current parental consent/notification law that requires minors who wish not to notify and gain consent from their parents must obtain a judicial bypass. Within the judicial bypass proceedings, the unborn child would be appointed an attorney who would represent the unborn child's best interests. The bill now proceeds to the House Floor for consideration.

 

 

Virginia:

Abortion Insurance Coverage:

January 22, 2021 – The Virginia Senate passed a bill, SB 1276, that would repeal the ban on private insurance carriers covering abortion on the state's health exchange plans. The bill now moves to the Virginia House for consideration.

 

January 28, 2021 – The Virginia House passed SB 1276, 55-45. The bill now goes to Governor Ralph Northam for either his signature or veto.

 

March 12, 2021 – Governor Ralph Northam signed SB 1276 into law.

 

Public Funding of Abortion:

February 18, 2021 – The Virginia Senate passes HB 1896, 22-17. The bill would repeal an abortion prohibition in the state Affordable Care Act. The bill now goes to Governor Ralph Northam for either his signature or veto.

 

 

West Virginia:

Abortion Pill Reversal Information Act:

March 16, 2021 – The West Virginia House Health & Human Resources Committee passed HB 2982. If enacted, the law would provide information to the mother that would let her know that the process of the medical abortion can be stopped if done by a certain time, thereby saving the life of her unborn child. The bill now proceeds to the House Judiciary Committee for consideration.

 

March 24, 2021 – The West Virginia House passed HB 2982. The bill now proceeds to the Senate for consideration.

 

 

Wyoming:

Abortion Insurance Coverage Prohibition:

March 10, 2021 – The Wyoming House Labor, Health, & Social Services Committee passed HB 253, a bill that would prohibit public (federal and state) funds for coverage of abortion in university student insurance plans. The bill now proceeds to the House Floor for consideration.

 

March 25, 2021 – The Wyoming House passed HB 253. The bill now proceeds to the Senate for consideration.

 

Abortion Pill Ban:

March 10, 2021 – The Wyoming Senate Labor, Health, & Social Services Committee passed SF 133, 4-1. If passed into law, the bill would prohibit the sale, distribution, prescribing, and dispensing of the abortion pill within the state. The bill now proceeds to the full Senate for consideration.

 

Born Alive Infant Protection Act:

February 24, 2021 – The Wyoming Senate Labor, Health, & Social Services Committee passed SF 34, 5-0. If passed into law, the bill would require that a child born due to an abortion or abortion attempt be given the same standard of medical care appropriate for a child of that gestational age. The bill now moves to the Senate Floor for consideration.

 

March 2, 2021 – The Wyoming Senate passed SF 34. The bill now proceeds to the House for consideration.

 

Eugenic Abortion Ban:

March 18, 2021 – The Wyoming House Labor & Health Committee passed a Eugenic Abortion Ban, HB 70. The bill prohibits the intentional abortion of unborn children who may have a genetic abnormality. The bill now proceeds to the House Floor for consideration.

 

March 25, 2021 – The Wyoming House passed the Eugenic Abortion Ban, HB 70. The now proceeds to the Senate for consideration.

 

Fetal Heartbeat Bill:

March 18, 2021 – The Wyoming House Labor & Health Committee passed a Fetal Heartbeat Bill, HB 134. The bill, if enacted, would prohibit abortion when a fetal heartbeat is detectable, usually around six weeks gestation. The bill now proceeds to the House Floor for consideration.

 

Ultrasound Requirement:

March 18, 2021 – The Wyoming House Labor & Health Committee passed an Ultrasound Requirement Bill, SF 133. If passed, it would require the abortionist to provide the pregnant mother the opportunity to see the ultrasound of her unborn child and to hear the heartbeat as well. The bill now moves to the House Floor for consideration.