We oppose this attempt to ban abortion in Kentucky.  This extreme measure would ban abortions before some even know they are pregnant. Its provisions create new felonies for doctors, criminalizing abortion care. 

A Local Mandate Summary of Senate Bill 9 provides for the following:

SB 9 would create new sections of KRS Chapter 311 regarding abortion.  Sections 4 – 7 of the bill would apply specifically only to intrauterine pregnancy, i.e. a pregnancy where the fetus is properly attached to the placenta within the uterus of the pregnant woman.


Section 4 would establish that a person intending to perform or induce an abortion shall first determine whether the unborn child has a detectable heartbeat. The person would be required to document the method and results of the determination.  

Section 5 would prohibit abortion before a heartbeat determination has been made through the steps established in Section 4. Section 5 would provide for an exemption to physicians who perform an abortion in which a medical emergency exists and documentation is kept for a period of seven years. Additionally, a pregnant woman would not be in violation of subsection 1 of Section 5 if the abortion was intentionally performed or induced by another individual.

Section 6 would require, if a fetal heartbeat is detected, that no abortion may be performed until at least 24 hours after all of the following requirements are met:

1.    The physician has informed the pregnant woman in writing that the unborn baby has a fetal heartbeat;
2.    The physician has informed the pregnant woman of the statistical probability of bringing an unborn baby with a heartbeat to term; and
3.    The pregnant woman has signed a form acknowledging that she has been informed the unborn child has a fetal heartbeat and is aware of the statistical probability of bringing the fetus to term.Section 6 would also provide that it does not repeal or limit other KRS provisions relating to informed consent for an abortion.

Section 7 would prohibit an abortion if a fetal heartbeat has been detected with the specific intent of causing or abetting the termination of the life of the unborn human individual; the prohibition would not apply to a physician who performs a medical procedure to prevent death or serious risk of substantial and irreversible impairment of a major bodily function of a woman. Subsection (1) of Section 7 specifically would not repeal or limit any other KRS provisions that restrict or regulate abortion by a particular method or at a particular stage of pregnancy.

You can read the full Local Mandate report on the bill here:  http://www.lrc.ky.gov/recorddocuments/note/19RS/sb9/LM.pdf

Status

Introduced

Session

2019 General Assembly

Bill number

Position

Oppose

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