A summary of state legislation - January 1, 2023 – March 31, 2023

Joe Kral, M.A.

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 Arizona

Born Alive Infants Protection Act:

February 22, 2023 – The Arizona Senate passed SB 1600, which would protect those children born from either an attempted abortion or botched abortion by mandating they receive the appropriate medical care for a child of their gestational age. The bill proceeds to the House for consideration.

 

Eugenic Abortion Ban:

January 24, 2023 – US District Judge Douglas Rayes reinstated the Arizona Eugenic Ban. He had previously blocked the ban, but in his reversal decision he stated the Dobbs decision changed the legal landscape surrounding the law.

 

 

Arkansas:

Maternity Leave

February 13, 2023 – The Arkansas House passed HB 1006, which would require those companies that pay for out-of-state travel for abortion will also have to pay for 12 weeks maternity leave. The bill proceeds to the Senate for consideration.

 

 

California

Assisted Suicide:

January 9, 2023 – US District Judge Vince Chhabria dismissed a lawsuit challenging the state’s assisted suicide law. The plaintiff’s challenged the law, which only allows the patient to self-administer the fatal dose of drugs, to allow physicians to administer the drugs.

 

Pro-Life Free Speech Restrictions:

March 30, 2023 – A US District Judge struck down a California law that prohibited pro-life free speech in front of vaccination sites. This law, therefore, restricted pro-life free speech in front of Planned Parenthood locations since they give HPV vaccinations. The law severely restricted sidewalk counselors from approaching women and giving them information.

 

 

Florida

Abortion Funding Ban:

March 8, 2023 – Federal District Judge Robert Hinkle ruled that a law that had been enjoined since 2016 that prohibits the funding of abortion business may go back into effect.

 

Fetal Heartbeat Bill:

March 16, 2023 – The House Healthcare Regulation Subcommittee passed HB 7. The bill would prohibit the abortion on an unborn child with a detectable heartbeat (6 weeks gestation). The bill proceeds to full committee for consideration.

 

March 28, 2023 – The Florida Senate Fiscal Policy Committee passed SB 300. The bill would prohibit the abortion on an unborn child with a detectable heartbeat (6 weeks gestation). The bill proceeds to the Senate Floor for consideration.

 

March 29, 2023 – The House Health & Human Services Committee passed HB 7. The bill proceeds to the House Floor for consideration.

 

April 3, 2023 – The Florida Senate passed SB 300. The bill proceeds to the House for consideration.

 

Late-Term Abortion Ban (15 weeks):

January 24, 2023 – The Florida Supreme Court refused to enjoin the state’s Late-Term Abortion Ban (15 Weeks). The law is still in effect and prohibits the abortion of an unborn child that is 15 weeks gestation or beyond.

 

February 24, 2023 – A district judge has ruled that the Late-Term Abortion Ban (15-Weeks) can remain in effect while the case challenging it continues.

 

 

Idaho

Abortion Ban:

January 5, 2023 – The Idaho Supreme Court upheld the state’s Abortion Ban allowing it to go into effect.

 

Abortion Definition Bill:

January 16, 2023 – The Idaho Senate State Affairs Committee passed SB 1002, which would change the definition of abortion from the intentional termination of a pregnancy to the “intentional killing of a living human embryo or fetus in utero.” The bill will proceed to the Senate Floor for consideration.

 

Minor Abortion Trafficking Prohibition:

March 8, 2023 – The Idaho House passed HB 242. The bill would mandate that it is illegal to transport minors across state lines for abortion. The bill proceeds to the House for consideration.

 

March 27, 2023 – The Senate State Affairs Committee passed HB 242. It now proceeds to the Senate Floor for consideration.

 

March 30, 2023 – The Senate passed HB 242. The bill proceeds to Governor Brad Little for either his signature or veto.

 

 

Illinois

Abortion Insurance Coverage/Abortion Sanctuary/Non-Physician Abortion:

January 5, 2023 – The Illinois House passed SB 1534, 67-41. The bill would protect abortionists from prosecution from other states for violating their pro-life laws, mandate health insurance companies to cover abortion, and allow non-physicians, such as physician-assistants, and advanced registered nurses, to perform abortions. The bill proceeds to the Senate for consideration.

 

January 10, 2023 – The Illinois Legislature finally passed SB 1534. The bill now proceeds to Governor JB Pritzker’s desk for either his signature or veto.

 

Abortion Sanctuary City:

January 9, 2023 – The City of Chicago added to their Abortion Sanctuary City policy by adding a provision that will “protect women from abortion discrimination”.

 

 

Indiana

Abortion Ban:

January 31, 2023 – The Indiana Supreme Court refused to immediately hear the challenge to the state’s Abortion Ban. This decision ensures that the court of appeals, where the case is currently, will make a decision first.

 

 

Kansas

Abortion Pill Reversal Information Act:

March 29, 2023 – The Kansas House passed HB 2439. The bill would mandate that abortion clinics give information to women regarding how the abortion pill can be reversed. The bill proceeds to the Senate for consideration.

 

 

Maryland

Abortion Constitutional Amendment:

March 8, 2023 – The Maryland House passed HB 705 which would recognize a so-called right to abortion under the state constitution. The bill proceeds to the Senate for consideration.

 

March 14, 2023 – The Maryland Senate passed HB 705.

 

Abortion Funding:

January 19, 2023 – Governor Wes Moore has approved $3.5 million in public funds to be used for abortion training.

 

 

Massachusetts

Abortion Funding (Anti-PRC Campaign):

March 10, 2023 – The Massachusetts House passed a measure that allocates $1 million in public funds to impugn pro-life pregnancy centers. The bill now proceeds to the Senate for consideration.

 

Personhood of the Unborn:

February 14, 2023 – The Massachusetts Supreme Court ruled that unborn children that are viable and are killed during the commission of a crime are legal persons when their mother is killed.

 

 

Michigan

Codifying Roe:

March 8, 2023 – The Michigan Senate passed a bill that would repeal the 1931 Abortion Ban. The bill proceeds to the House for consideration.

 

 

Minnesota

Abortionist Shield Act:

February 7, 2023 – The Minnesota House Judiciary Committee passed an Abortionist Shielding Act. The bill would protect abortionists by shielding them from violating other states’ pro-life laws. The bill proceeds to the full House for consideration.

 

“Codifying Roe”

January 5, 2023 – The Minnesota House Finance & Policy Committee passed HF 1, 11-8, which would legalize abortion until birth for any reason. The bill proceeds the House Floor for consideration.

 

January 19, 2023 – The Minnesota House passed HF 1. The bill proceeds to the Senate for consideration.

 

January 28, 2023 – The Minnesota Senate passed HF 1. The bill proceeds to Governor Tim Walz’s desk for either his signature or veto.

 

January 31, 2023 – Governor Tim Walz signed HF 1 into law.

 

Repealing Pro-Life Laws Bill:

January 12, 2023 – The Minnesota House Finance & Policy Committee passed HF 91, which would repeal all pro-life laws in the state including the Born Alive Infants Protection Act, the Parental Notification Law, The Woman’s Right to Know Law, and the law that requires only physicians perform abortions.

 

 

Missouri

Abortion Ban:

January 19, 2023 – Some “religious” leaders have filed suit against the state’s Abortion Ban claiming that it violates their religious rights.

 

 

Montana

Abortion Access:

February 21, 2023 – The Montana House Judiciary Committee defeated a bill that would allow for abortion access for religious reasons.

 

Assisted Suicide Ban:

February 22, 2023 – The Montana Senate failed to pass SB 210 on third reading. The bill would have prohibited physician-assisted suicide. The bill proceeds to the House for consideration.

 

Clarifying Right to Privacy:

January 25, 2023 – The Montana Senate passed SB 154, which would add language in current state that the right to privacy does not include abortion. The bill proceeds to the House for consideration.

 

Codifying Roe:

February 21, 2023 – The Montana House Judiciary Committee defeated a bill that would “codify Roe.”

 

Parental Consent:

March 7, 2023 – State District Judge Chris Abbott has permanently enjoined the state’s parental consent law.

 

Sanctuary City for the Unborn:

February 9, 2023 – The Manhattan City Council failed to pass a pro-life Sanctuary City for the Unborn Ordinance, 3-2. The ordinance would have created a de facto ban on abortion by ensuring that the city is in conformity with the US Comstock Act.

 

 

Nebraska

Fetal Heartbeat Law:

February 22, 2023 – The Nebraska Health & Human Services Committee passed LB 626. The bill would prohibit the abortion on unborn children when a fetal heartbeat is detectable. The bill proceeds to the legislative floor for consideration.

 

March 7, 2023 – LB 626 is being filibustered. The bill still has not been withdrawn from calendar.

 

 

New Jersey

Abortion Funding:

January 5, 2023 – Governor Phil Murphy has initiated a program where abortion facilities within the state can apply for grants or zero-interest loans for increasing security or for expanding to include abortion services. The public funds come from a pool of $15 million.

 

 

New Mexico

Abortion Funding:

February 21, 2023 – Care Net of Albuquerque has filed suit against the City of Albuquerque, New Mexico for using public funds to fund the local Planned Parenthood.

 

Abortionist Protection Act:

February 23, 2023 – The Senate Health Committee passed SB 13 which would shield abortionists from violating other state’s pro-life laws. The bill proceeds to the Senate Floor for consideration.

 

Prohibition of Pro-Life Local Legislation:

February 3, 2023 – The New Mexico House Health & Human Services Committee passed HB  7. The bill prohibits local entities, such as counties, cities, and school boards from passing pro-life legislation. The bill proceeds to the House Floor for consideration.

 

February 21, 2023 – The New Mexico House passed HB 7. The bill proceeds to the Senate for consideration.

 

March 7, 2023 – The New Mexico Senate passed HB 7. Since language was added to the bill in the Senate it must go back to the House to be approved.

 

March 10, 2023 – The New Mexico House passed HB 7. The bill now goes to Gov. Grisham for either her signature or veto.

 

March 16, 2023 – Governor Grisham signed HB 7 into law.

  

Sanctuary City/County for the Unborn:

January 5, 2023 – The City of Clovis passed a Sanctuary City for the Unborn Ordinance. The new law contains a private enforcement mechanism. Furthermore, it contains a clause that reinforces 18 USC §1461 of the federal code.

 

January 10. 2023 – Roosevelt County passed a Sanctuary County for the Unborn Ordinance. The new law contains a private enforcement mechanism. Furthermore, it contains a clause that reinforces 18 USC §1461 of the federal code.

 

January 20, 2023 – New Mexico Attorney General Raul Torres has filed suit against the Sanctuary City/County Ordinances of Hobbs, Clovis, Roosevelt County, & Lea County.

 

January 23, 2023 – The City of Eunice passed a Sanctuary City for the Unborn Ordinance. The new law contains a private enforcement mechanism. Furthermore, it contains a clause that reinforces 18 USC §1461 of the federal code.

 

March 31, 2023 – The New Mexico Supreme Court has enjoined the various Sanctuary City for the Unborn Ordinances.

 

 

North Carolina:

Abortion Pill Restrictions:

January 25, 2023 – An abortionist filed suit challenging the state’s abortion pill restriction claiming the state’s law prohibiting them is contrary to the FDA’s approval of the pill.

 

 

North Dakota

Abortion Ban:

March 16, 2023 – The North Dakota Supreme Court decided to let an injunction on the state’s Abortion Ban stand. In the ruling, the justices stated that abortion is a right when the mother’s life or health are in jeopardy. This ruling, in essence, indicates that the state’s Abortion Ban is unconstitutional.

 

Clarifying Law for Abortion Ban & Fetal Heartbeat Law:

January 31, 2023 – The North Dakota Senate passed SB 2150, 43-4. The bill would clarify both laws when it comes to such problematic pregnancies such as ectopic pregnancies and natural miscarriages. With regards to the Abortion Ban, it does create exceptions for rape and incest. The bill now proceeds to the House for consideration.

 

February 13, 2023 – The North Dakota House majority leader passed a motion to table HB 1169. The motion passed.

 

 

Ohio

Abortion Constitutional Amendment -Ballot Initiative:

February 21, 2023 – Language has been filed with the state Attorney General’s office for a petition that would lead to a ballot initiative, if enough signatures are collected, for a constitutional amendment that would recognize a “right to abortion.”

 

March 6, 2023 – The Attorney General’s office has approved the language. The proposal proceeds to the Ohio Ballot Board which has 10 days to certify the language.

 

Sanctuary City for the Unborn:

January 12, 2023 – A federal district judge dismissed the lawsuit that the ACLU and Planned Parenthood brought against Lebanon, Ohio’s Sanctuary City for the Unborn Ordinance.

 

 

Oklahoma

Abortion Exceptions to Abortion Ban:

February 13, 2023 – The Oklahoma Senate Health Committee passed SB 834. The bill would add rape and incest exceptions to the existing Abortion Ban. In order for an abortion to be legal for those reasons, the rape/incest victim would have to file a police report. The bill proceeds to the Senate Floor for consideration.

 

Clarifying Medical Emergency in Abortion Ban:

February 13, 2023 – The Oklahoma Senate Health Committee passed SB 368. The bill provides clarity as to what sorts of procedures can be done to save the life of the mother. The bill proceeds to the Senate Floor for consideration.   

 

 

South Carolina:

Abortion Ban Bill:

January 27, 2023 – The South Carolina House Judiciary Subcommittee passed HB 3774. The bill would ban abortion within the state. The bill now proceeds to the full Judiciary Committee for consideration.

 

February 7, 2023 – The South Carolina House Committee passed HB 3774. The bill proceeds to the House Floor for consideration.

 

February 15, 2023 – The South Carolina House passed HB 3774. The bill proceeds to the Senate for consideration.

 

Fetal Heartbeat Law:

January 5, 2023 – The South Carolina Supreme Court struck down the state’s Fetal Heartbeat Law. The Court said that the law was unconstitutional on the basis that it violated the right to privacy.

 

February 10, 2023 – The South Carolina Senate passed a Fetal Heartbeat Law. The bill would prohibit abortions when an unborn child’s heartbeat becomes detectable. The bill proceeds to the House for consideration.

 

February 10, 2023 – The South Carolina Supreme Court denied a petition to rehear the case challenging the Fetal Heartbeat Law. The Court had previously ruled that the law was unconstitutional.

 

 

Tennessee

Abortion Ban Clarifying Medical Emergency:

February 14, 2023 – The Tennessee House Population Health Subcommittee advanced HB 883. The bill helps to clarify language within the state’s current Abortion Ban regarding what exactly constitutes a medical emergency.

 

 

Texas

Abortionist Shielding Act:

January 31, 2023 – The City of El Paso passed a measure in which abortion would be “deprioritized” as a crime, 7-1.

 

Sanctuary City for the Unborn:

January 14, 2023 – Little River Academy, Texas passed a Sanctuary County for the Unborn Ordinance. The new law contains a private enforcement mechanism. Furthermore, it contains a clause that reinforces 18 USC §1461 of the federal code.

 

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Utah

Abortion Ban:

January 18, 2023 – The Utah House Judiciary Committee advanced HJR 2 which would change the rules on how Utah Courts place injunctions on laws. If passed and signed it would allow the Abortion Ban to go into effect. The bill now proceeds to the full House for consideration.

 

February 14, 2023 – The Utah House concurred with the Senate changes on HJR 2. The bill now proceeds to the Governor for either his signature or veto.

 

Abortion-Only Clinic Ban:

February 18, 2023 – The Utah House passed a bill that would prohibit abortion-only clinics. The bill proceeds to the Senate for consideration.

 

March 3, 2023 – The Utah Senate passed the bill that would prohibit abortion-only clinics. The bill proceeds to Governor Cox for either his signature or veto.

 

March 15, 2023 – Governor Cox signed the bill.

 

 

Vermont

Abortionist Shield Act:

February 10, 2023 – The Vermont House passed HB 89. The bill would protect abortionists by shielding them from violating other states’ pro-life laws. The bill proceeds to the Senate for consideration.

 

Assisted Suicide:

March 14, 2023 – The State of Vermont has reached a settlement with the woman from Connecticut who sued the state regarding its resident-only requirement for assisted suicide. The state has agreed to let her partake in the assisted suicide law.

 

Assisted Suicide Non-Resident Bill:

February 14, 2023 – The Vermont House Human Services Committee passed a bill that would remove the resident-only requirement in the state’s assisted suicide law. The bill proceeds to the full House for consideration.

 

 

Virginia

Abortion Constitutional Amendment:

January 31, 2023 – The Virginia House Courts of Justice Subcommittee voted down HJ 519, which would amend the state constitution to recognize a so-called “right to abortion.”

 

February 18, 2023 – The Virginia Senate passed a bill that would create a state constitutional “right to abortion.” The bill proceeds to the House for consideration.

 

February 27, 2023 – The Virginia House rejected a rule change that would force the members to vote on the Senate Resolution.

 

Born Alive Infant Protection Act:

January 20, 2023 – The Senate Education & Health Sub-Committee voted to recommend the Senate Health & Education Committee vote against the bill. The bill mandates that a child born from either a botched or attempted abortion be given the appropriate medical care for an unborn child of that gestational age.  

 

January 24, 2023 – The Senate Education & Health Committee voted not to send the bill to the Floor.

 

IVF Embryonic Child Status:

March 10, 2023 – A state district judge ruled that a human embryonic child is property under a 19th Century slave law.

 

Late-Term Abortion Ban (15 Weeks):

January 20, 2023 – The Senate Education & Health Sub-Committee voted to recommend the Senate Health & Education Committee vote against the bill. The bill mandates that abortions are prohibited after 15 weeks gestation.

 

January 26, 2023 – The Senate Education & Health Committee voted not to send the Late-Term Abortion Ban (15-Weeks) bill to the Floor.

 

 

West Virginia

Abortion Ban:

February 1, 2023 – A West Virginia abortionist filed suit in federal court challenging the state’s Abortion Ban.

 

Abortion Pill Restrictions:

January 25, 2023 – GenBioPro filed suit challenging the state’s abortion pill restriction claiming the state’s law prohibiting them is contrary to the FDA’s approval of the pill.

 

Pro-Life Pregnancy Center Funding:

February 9, 2023 – The West Virginia House passed HB 2002 that would help fund pro-life pregnancy centers within the state. The bill proceeds to the Senate for consideration.

 

March 29, 2023 – Gov. Jim Justice signed HB 2002 into law.

 

Unborn Victims of Violence Act:

March 6, 2023 – The West Virginia Senate passed HB 3302, which would recognize the unborn child as a victim of a crime. The bill must go back to the House for approval since amendments were added.

 

 

Wyoming

Abortion Ban:

February 1, 2023 – The Wyoming House Judiciary Committee passed HB 152. It would amend the current Abortion Ban and remove the current rape and incest exceptions. The bill proceeds to the House Floor for consideration.

 

February 15, 2023 – The Wyoming House passed HB 152. It now proceeds to the Senate for consideration.

 

March 2, 2023 – The Wyoming Senate passed HB 152. The bill proceeds to Governor Gordon’s signature or veto.

 

Abortion Pill Prohibition:

January 27, 2023 – The Wyoming Senate passed SF 109, 23-6-2. The bill would prohibit the dispensing and prescription of the abortion pill. The bill proceeds to the House for consideration.

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