Senate Amendment 3
S 474 - Session 125 (2023-2024)
Abortion - Fetal Heartbeat
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Senator Senn proposes the following amendment (SR-474.JG0029S):

Amend the bill, as and if amended, SECTION 1, by striking Section 44-41-630(3)(B) and inserting:

(B) Except as provided in Section 44-41-650 or 44-41-660, no person shall perform, induce, or attempt to perform or induce an abortion on a pregnant woman when the probable gestational age of the unborn child is more than twelve weeks. A person who violates this subsection is guilty of a felony and, upon conviction, must be fined ten thousand dollars, imprisoned for not more than two years, or both.

Amend the bill further, SECTION 1, by striking Section 44-41-640 and inserting:

Section 44-41-640. If a pregnancy is at least eight weeks after fertilization, then the abortion provider who is to perform or induce an abortion, or an agent of the abortion provider, shall tell the woman that it may be possible to make the embryonic or fetal heartbeat of the unborn child audible for the pregnant woman to hear and shall ask the woman if she would like to hear the heartbeat. If the woman would like to hear the heartbeat, then the abortion provider shall, using whichever method the physician and patient agree is best under the circumstances, make the fetal heartbeat of the unborn child audible for the pregnant woman to hear.(A) Except as provided in subsection (B), Section 44-41-650, and Section 44-41-660, no person shall perform or induce an abortion on a pregnant woman with the specific intent of causing or abetting the termination of the life of the unborn child the pregnant woman is carrying if the probable gestational age of the unborn child is more than twelve weeks.

(B) A physician may perform, induce, or attempt to perform or induce an abortion on a pregnant woman after the probable gestational age of the unborn child is more than twelve weeks if:

(1) the pregnancy is the result of rape, and the probable gestational age of the unborn child is not more than fifteen weeks; or

(2) the pregnancy is the result of incest, and the probable gestational age of the unborn child is not more than fifteen weeks.

(C) A physician who performs or induces an abortion on a pregnant woman based on an exception contained in subsection (B) must report the allegation of rape or incest to the sheriff in the county in which the abortion was performed. The report must be made no later than twenty-four hours after performing or inducing the abortion, may be made orally or otherwise, and shall include the name and contact information of the pregnant woman making the allegation. Prior to performing or inducing an abortion, the physician who performs or induces an abortion based on an allegation of rape or incest must notify the pregnant woman that the physician will report the allegation of rape or incest to the sheriff. The physician shall make written notations in the pregnant woman's medical records that the abortion was performed pursuant to the applicable exception, that the doctor notified the sheriff of the allegation of rape or incest in a timely manner, and that the woman was notified prior to the abortion that the physician would notify the sheriff of the allegation of rape or incest.

(D) A person who violates this section is guilty of a felony and, upon conviction, must be fined ten thousand dollars, imprisoned for not more than two years, or both.