Rep. Norm Thurston — Voting Record

Bill

Number

S.B. 174 (2020GS)

Sponsor

Sen. McCay, D.

Final action

Governor Signed 3/28/2020

Outcome

Became law — signed by Gov. Gary R. Herbert

Summary

What it does

• This bill:
• defines terms;
• prohibits an abortion at any stage of a pregnant woman's pregnancy, except under certain circumstances;
• provides penalties for a physician who performs an unlawful abortion; and
• provides that, upon enactment, the provisions of this bill supercede any conflicting provisions.

Every vote on this bill

Bill text

ABORTION PROHIBITION AMENDMENTS
GENERAL SESSION
STATE OF UTAH
Chief Sponsor: Daniel McCay
House Sponsor: 
Karianne Lisonbee
LONG TITLE
General Description:
This bill prohibits a pregnant woman from receiving an abortion, with limited
exceptions.
Highlighted Provisions:
This bill:
▸ defines terms;
▸ prohibits an abortion at any stage of a pregnant woman's pregnancy, except under
certain circumstances;
▸ provides penalties for a physician who performs an unlawful abortion; and
▸ provides that, upon enactment, the provisions of this bill supercede any conflicting
provisions.
Money Appropriated in this Bill:
None
Other Special Clauses:
This bill provides a contingent effective date.
Utah Code Sections Affected:
ENACTS:
76-7a-101
, Utah Code Annotated 1953
76-7a-201
, Utah Code Annotated 1953
76-7a-301
, Utah Code Annotated 1953
Be it enacted by the Legislature of the state of Utah:
Section 1. Section 
76-7a-101
 is enacted to read:
CHAPTER 7a. ABORTION PROHIBITION
 76-7a-101.
Definitions.
As used in this chapter:
(1) (a) "Abortion" means:
(i) the intentional termination or attempted termination of human pregnancy after
implantation of a fertilized ovum through a medical procedure carried out by a physician or
through a substance used under the direction of a physician;
(ii) the intentional killing or attempted killing of a live unborn child through a medical
procedure carried out by a physician or through a substance used under the direction of a
physician; or
(iii) the intentional causing or attempted causing of a miscarriage through a medical
procedure carried out by a physician or through a substance used under the direction of a
physician.
(b) "Abortion" does not include:
(i) removal of a dead unborn child;
(ii) removal of an ectopic pregnancy; or
(iii) the killing or attempted killing of an unborn child without the consent of the
pregnant woman, unless:
(A) the killing or attempted killing is done through a medical procedure carried out by
a physician or through a substance used under the direction of a physician; and
(B) the physician is unable to obtain the consent due to a medical emergency.
(2) "Abortion clinic" means a type I abortion clinic licensed by the state or a type II
abortion clinic licensed by the state.
(3) "Department" means the Department of Health.
(4) "Down syndrome" means a genetic condition associated with an extra chromosome
21, in whole or in part, or an effective trisomy for chromosome 21.
(5) "Hospital" means:
(a) a general hospital licensed by the department; or
(b) a clinic or other medical facility to the extent the clinic or other medical facility is
certified by the department as providing equipment and personnel sufficient in quantity and
quality to provide the same degree of safety to a pregnant woman and an unborn child as would
be provided for the particular medical procedure undertaken by a general hospital licensed by
the department.
(6) "Incest" means the same as that term is defined in Title 78A, Chapter 6, Juvenile
Court Act.
(7) "Medical emergency" means a condition which, on the basis of the physician's good
faith clinical judgment, so threatens the life of a pregnant woman as to necessitate the
immediate abortion of her pregnancy to avert her death, or for which a delay will create serious
risk of substantial and irreversible impairment of major bodily function.
(8) "Physician" means:
(a) a medical doctor licensed to practice medicine and surgery in the state;
(b) an osteopathic physician licensed to practice osteopathic medicine in the state; or
(c) a physician employed by the federal government who has qualifications similar to
an individual described in Subsection (8)(a) or (b).
(9) "Rape" means the same as that term is defined in Title 76, Utah Criminal Code.
(10) (a) "Severe brain abnormality" means a malformation or defect that causes an
individual to live in a mentally vegetative state.
(b) "Severe brain abnormality" does not include:
(i) Down syndrome;
(ii) spina bifida;
(iii) cerebral palsy; or
(iv) any other malformation, defect, or condition that does not cause an individual to
live in a mentally vegetative state.
Section 2. Section 
76-7a-201
 is enacted to read:
Part 2. Prohibition
 76-7a-201.
Abortion prohibition -- Exceptions -- Penalties.
(1) An abortion may be performed in this state only under the following circumstances:
(a) the abortion is necessary to avert:
(i) the death of the woman on whom the abortion is performed; or
(ii) a serious risk of substantial and irreversible impairment of a major bodily function
of the woman on whom the abortion is performed;
(b) two physicians who practice maternal fetal medicine concur, in writing, in the
patient's medical record that the fetus:
(i) has a defect that is uniformly diagnosable and uniformly lethal; or
(ii) has a severe brain abnormality that is uniformly diagnosable; or
(c) (i) the woman is pregnant as a result of:
(A) rape;
(B) rape of a child; or
(C) incest; and
(ii) before the abortion is performed, the physician who performs the abortion:
(A) verifies that the incident described in Subsection (1)(c)(i) has been reported to law
enforcement; and
(B) if applicable, complies with requirements related to reporting suspicions of or
known child abuse.
(2) An abortion may be performed only:
(a) by a physician; and
(b) in an abortion clinic or a hospital, unless it is necessary to perform the abortion in
another location due to a medical emergency.
(3) A person who performs an abortion in violation of this section is guilty of a second
degree felony.
(4) In addition to the penalty described in Subsection (3), the department may take
appropriate corrective action against an abortion clinic, including revoking the abortion clinic's
license, if a violation of this chapter occurs at the abortion clinic.
(5) The department shall report a physician's violation of any provision of this section
to the state entity that regulates the licensing of a physician.
Section 3. Section 
76-7a-301
 is enacted to read:
Part 3. Superseding Clause
 76-7a-301.
Superseding clause.
If, at the time this chapter takes effect, any provision in the Utah Code conflicts with a
provision of this chapter, the provision of this chapter supersedes the conflicting provision.
Section 4. 
Contingent effective date.
(1) As used in this section, "a court of binding authority" means:
(a) the United States Supreme Court; or
(b) after the right to appeal has been exhausted:
(i) the United States Court of Appeals for the Tenth Circuit;
(ii) the Utah Supreme Court; or
(iii) the Utah Court of Appeals.
(2) The provisions of this bill take effect on the date that the legislative general counsel
certifies to the Legislative Management Committee that a court of binding authority has held
that a state may prohibit the abortion of an unborn child at any time during the gestational
period, subject to the exceptions enumerated in this bill.