House Amendment 8
H 3774 - Session 125 (2023-2024)
Abortion Ban with Exceptions

Rep. Magnuson proposes the following amendment (LC-3774.VR0018H):

Amend the bill, as and if amended, SECTION 3, by deleting Section 44-41-810(4).

Amend the bill further, SECTION 3, by striking Section 44-41-830(A) and inserting:

(A)(1) A physician may perform, induce, or attempt to perform or induce an abortion on a pregnant woman if the pregnancy is the result of rape or incest and the abortion or attempted abortion is performed or induced during the first trimester of the pregnancy.

(2) A physician who performs or induces an abortion on a pregnant woman pursuant to item (1) must report the allegation of rape or incest to the sheriff in the county in which the rape or incest occurred. The report must be made no later than twenty-four hours after performing or inducing the abortion. The report may be made orally or in writing and must include the name and contact information of the pregnant woman making the allegation. Prior to performing or inducing the abortion, the physician who will perform or induce the abortion based upon 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 in the county where the rape or incest occurred. 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 physician timely notified the appropriate Sheriff of the allegation of rape or incest, and that the woman was notified prior to the abortion that the physician would notify the Sheriff of the allegation of rape or incest. The physician shall preserve a DNA sample from the fetal remains and notify the Sheriff that the DNA sample has been preserved. The Sheriff shall collect the DNA sample from the physician and shall hold the DNA sample as evidence within ninety days of receiving notice from the physician. The DNA sample shall be held as evidence as provided by the Preservation of Evidence Act.