House Amendment 10
H 3774 - Session 125 (2023-2024)
Abortion Ban with Exceptions

Rep. Magnuson proposes the following amendment (LC-3774.VR0015H):

Amend the bill, as and if amended, SECTION 3, by striking Section 44-41-860 and inserting:

Section 44-41-860. (A) Before January 1, 2027, a pregnant woman on whom an abortion is performed or induced in violation of this article may not be criminally prosecuted for violating any of the provisions of this article or for attempting to commit, conspiring to commit, or acting complicitly in committing a violation of any of the provisions of the article and is not subject to a civil or criminal penalty based on the abortion being performed or induced in violation of any of the provisions of this article.

(B)(1) Beginning January 1, 2027, a pregnant woman who intentionally commits an abortion, as defined in Section 44-41-810, upon her own child is guilty of a misdemeanor, and upon conviction, must be fined not more than five thousand dollars, or imprisoned not more than two years, or both. A finding of coercion must be regarded as a complete defense. Cooperation with prosecution as to other related crimes including, but not limited to, a sexual assault that caused the pregnancy, or an abortion procedure performed by a licensed medical doctor, shall provide cause in the discretion of the court for reduced sentencing.

(2) A person who files a charge under this subsection which is found to be frivolous or dismissed for lack of reasonable evidence of intent is subject to a cause of action in this State and may be held liable for double damages.