Second Regular Session
Seventy-third General Assembly
STATE OF COLORADO
INTRODUCED
LLS NO. 22-0591.01 Michael Dohr x4347
HOUSE BILL 22-1047
House Committees Senate Committees
Health & Insurance
A BILL FOR AN ACT
C
ONCERNING THE PROTECTION OF HUMAN LIFE BEGINNING AT101
CONCEPTION.102
Bill Summary
(Note: This summary applies to this bill as introduced and does
not reflect any amendments that may be subsequently adopted. If this bill
passes third reading in the house of introduction, a bill summary that
applies to the reengrossed version of this bill will be available at
http://leg.colorado.gov
.)
The bill prohibits terminating the life of an unborn child and
makes a violation a class 1 felony. The following are exceptions to the
prohibition:
! A licensed physician performs a medical procedure
designed or intended to prevent the death of a pregnant
mother, if the physician makes reasonable medical efforts
HOUSE SPONSORSHIP
Neville, Luck, Ransom, Sandridge, Van Winkle, Williams
SENATE SPONSORSHIP
(None),
Shading denotes HOUSE amendment. Double underlining denotes SENATE amendment.
Capital letters or bold & italic numbers indicate new material to be added to existing statute.
Dashes through the words indicate deletions from existing statute. under the circumstances to preserve both the life of the
mother and the life of her unborn child in a manner
consistent with conventional medical practice; and
! A licensed physician provides medical treatment, including
chemotherapy or removal of an ectopic pregnancy, to the
mother that results in the accidental or unintentional injury
to or death of the unborn child.
The pregnant mother upon whom termination of the life of an
unborn child is performed or attempted is not subject to a criminal
penalty. A conviction related to the prohibition of the termination of the
life of an unborn child constitutes unprofessional conduct for purposes of
physician licensing. The bill does not prohibit the sale and use of
contraception.
The bill states that any act, law, treaty, order, or regulation of the
United States government that denies or prohibits protection of a human
person's inalienable right to life is null, void, and unenforceable, in this
state and that the courts of the United States have no jurisdiction to
interfere with Colorado's interest in protecting human life at conception,
when human life begins.
Be it enacted by the General Assembly of the State of Colorado:1
SECTION 1. Legislative intent. (1) It is the intent of the general2
assembly to make the practice of terminating the life of an unborn child3
illegal in the state of Colorado.4
(2) Colorado's authority to assert its interest in protecting human5
life from conception derives from:6
(a) The Tenth Amendment to the United States Constitution that7
provides that all powers not delegated to the federal government8
elsewhere in the Constitution are reserved to the states or to the people9
that Colorado has utilized since 1967 by legalizing the practice of10
abortion before the Supreme Court case, Roe v. Wade, 410 U.S. 11311
(1973); and12
(b) The Declaration of Independence that acknowledges that life13
is endowed to all persons as an inalienable right.14
HB22-1047-2- SECTION 2. In Colorado Revised Statutes, add part 9 to article1
6 of title 18 as follows:2
PART 93
TERMINATION OF THE LIFE OF AN UNBORN CHILD4
PROHIBITION5
18-6-901. Definitions. A
S USED IN THIS PART 9, UNLESS THE6
CONTEXT OTHERWISE REQUIRES :7
(1) "A
BORTION" MEANS THE ACT OF USING OR PRESCRIBING ANY8
INSTRUMENT, MEDICINE, DRUG, OR ANY OTHER SUBSTANCE, DEVICE, OR9
MEANS WITH THE INTENT TO TERMINATE THE PREGNANCY OF A WOMAN10
WITH KNOWLEDGE OR REASON TO BELIEVE THAT THE TERMINATION BY11
THOSE MEANS WILL CAUSE THE DEATH OF THE UNBORN CHILD . SUCH USE,12
PRESCRIPTION, OR MEANS IS NOT AN ABORTION IF DONE WITH THE INTENT13
TO:14
(a) S
AVE THE LIFE OR PRESERVE THE HEALTH OF AN UNBORN15
CHILD;16
(b) R
EMOVE A DEAD UNBORN CHILD WHO DID NOT DIE AS A RESULT17
OF AN INTENTIONAL, KNOWING, OR RECKLESS ACTION TO TERMINATE A18
PREGNANCY; OR19
(c) R
EMOVE AN ECTOPIC PREGNANCY .20
(2) "F
ERTILIZATION" MEANS THAT POINT IN TIME WHEN A MALE21
HUMAN SPERM PENETRATES THE ZONA PELLUCIDA OF A FEMALE HUMAN22
OVUM IN THE CASE OF SEXUAL REPRODUCTION .23
(3) "P
REGNANT" OR "PREGNANCY" MEANS THE HUMAN FEMALE24
REPRODUCTIVE CONDITION OF HAVING A LIVING UNBORN HUMAN BEING25
WITHIN HER BODY THROUGHOUT THE ENTIRE EMBR YONIC AND FETAL AGES26
OF THE UNBORN CHILD FROM FERTILIZATION TO FULL GESTATION AND27
HB22-1047
-3- CHILDBIRTH.1
(4) "U
NBORN HUMAN BEING " OR "UNBORN CHILD" MEANS AN2
INDIVIDUAL LIVING MEMBER OF THE SPECIES HOMO SAPIENS , THROUGHOUT3
THE ENTIRE EMBRYONIC AND FETAL AGES OF THE UNBORN CHILD FROM4
FERTILIZATION TO FULL GESTATION AND CHILDBIRTH .5
18-6-902. Termination of the life of an unborn child -6
prohibition - penalty - exceptions. (1) A
PERSON SHALL NOT7
KNOWINGLY ADMINISTER TO , PRESCRIBE FOR, PROCURE FOR, OR SELL TO8
A PREGNANT MOTHER ANY MEDICINE , DRUG, OR OTHER SUBSTANCE WITH9
THE SPECIFIC INTENT OF CAUSING OR ABETTING THE TERMINATION OF THE10
LIFE OF AN UNBORN HUMAN BEING. A PERSON SHALL NOT KNOWINGLY USE11
OR EMPLOY ANY INSTRUMENT OR PROCEDURE UPON A PREGNANT MOTHER12
WITH THE SPECIFIC INTENT OF CAUSING OR ABETTING THE TERMINATION13
OF THE LIFE OF AN UNBORN HUMAN BEING .14
(2) A
VIOLATION OF THIS SECTION IS A CLASS 1 FELONY.15
(3) (a) A
LICENSED PHYSICIAN WHO PERFORMS A MEDICAL16
PROCEDURE DESIGNED OR INTENDED TO PREVENT THE DEATH OF A17
PREGNANT MOTHER IS NOT GUILTY OF VIOLATING THIS SECTION IF THE18
PHYSICIAN MAKES REASONABLE MEDICAL EFFORTS TO PRESERVE BOTH THE19
LIFE OF THE MOTHER AND THE LIFE OF HER UNBORN CHILD IN A MANNER20
CONSISTENT WITH CONVENTIONAL MEDICAL PRACTICE .21
(b) A
LICENSED PHYSICIAN WHO PROVIDES MEDICAL TREATMENT ,22
INCLUDING CHEMOTHERAPY AND THE REMOVAL OF ECTOPIC PREGNANCIES ,23
TO A PREGNANT MOTHER THAT RESULTS IN THE ACCIDENTAL OR24
UNINTENTIONAL INJURY TO OR DEATH OF HER UNBORN CHILD IS NOT25
GUILTY OF VIOLATING THIS SECTION.26
(c) A
PREGNANT MOTHER UPON WHOM THE TERMINATION OF THE27
HB22-1047
-4- LIFE OF AN UNBORN CHILD IS PERFORMED OR ATTEMPTED IS NOT GUILTY1
OF VIOLATING THIS SECTION.2
(4) N
OTHING IN THIS SECTION IS CONSTRUED TO PROHIBIT THE3
SALE, USE, PRESCRIPTION, OR ADMINISTRATION OF A CONTRACEPTIVE4
MEASURE, DEVICE, DRUG, OR CHEMICAL.5
18-6-903. Protection of inalienable right to life. (1) A
NY ACT,6
LAW, TREATY, ORDER, OR REGULATION OF THE UNITED STATES7
GOVERNMENT THAT DENIES OR PROHIBITS PROTECTION OF A HUMAN8
PERSON'S INALIENABLE RIGHT TO LIFE IS NULL , VOID, AND9
UNENFORCEABLE IN THIS STATE.10
(2) T
HE COURTS OF THE UNITED STATES HAVE NO JURISDICTION TO11
INTERFERE WITH COLORADO'S INTEREST IN PROTECTING HUMAN LIFE AT12
CONCEPTION WHEN HUMAN LIFE BEGINS .13
SECTION 3. In Colorado Revised Statutes, 18-3.5-103, amend14
(1) as follows:15
18-3.5-103. Unlawful termination of pregnancy in the first16
degree. (1) A person commits the offense of unlawful termination of17
pregnancy in the first degree if, with the intent to terminate unlawfully the18
pregnancy of a woman, the person unlawfully terminates the woman's19
pregnancy
IN A MANNER OTHER THAN DESCRIBED IN SECTION 18-6-902 (1).20
SECTION 4. In Colorado Revised Statutes, 18-3.5-104, amend21
(1) as follows:22
18-3.5-104. Unlawful termination of pregnancy in the second23
degree. (1) A person commits the offense of unlawful termination of24
pregnancy in the second degree if the person knowingly causes the25
unlawful termination of the pregnancy of a woman
IN A MANNER OTHER26
THAN DESCRIBED IN SECTION 18-6-902 (1).27
HB22-1047
-5- SECTION 5. In Colorado Revised Statutes, 18-3.5-105, amend1
(1) as follows:2
18-3.5-105. Unlawful termination of pregnancy in the third3
degree. (1) A person commits the offense of unlawful termination of4
pregnancy in the third degree if, under circumstances manifesting extreme5
indifference to the value of human life, the person knowingly engages in6
conduct that creates a grave risk of death to another person, and thereby7
causes the unlawful termination of the pregnancy of a woman
IN A8
MANNER OTHER THAN DESCRIBED IN SECTION 18-6-902 (1).9
SECTION 6. In Colorado Revised Statutes, 18-3.5-106, amend10
(1) as follows:11
18-3.5-106. Unlawful termination of pregnancy in the fourth12
degree. (1) A person commits the offense of unlawful termination of13
pregnancy in the fourth degree if the person recklessly causes the14
unlawful termination of the pregnancy of a woman,
IN A MANNER OTHER15
THAN DESCRIBED IN SECTION 18-6-902 (1), at such time as the person16
knew or reasonably should have known that the woman was pregnant.17
SECTION 7. In Colorado Revised Statutes, 18-3.5-107, amend18
(1) as follows:19
18-3.5-107. Vehicular unlawful termination of pregnancy.20
(1) If a person operates or drives a motor vehicle in a reckless manner,21
and this conduct is the proximate cause of the unlawful termination of the22
pregnancy of a woman, such person commits vehicular unlawful23
termination of pregnancy
IN A MANNER OTHER THAN DESCRIBED IN24
SECTION 18-6-902 (1).25
SECTION 8. In Colorado Revised Statutes, 18-3.5-108, amend26
(1)(a) as follows:27
HB22-1047
-6- 18-3.5-108. Aggravated vehicular unlawful termination of1
pregnancy - definitions. (1) (a) If a person operates or drives a motor2
vehicle while under the influence of alcohol or one or more drugs, or a3
combination of both alcohol and one or more drugs, and this conduct is4
the proximate cause of the unlawful termination of the pregnancy of a5
woman, such person commits aggravated vehicular unlawful termination6
of pregnancy
IN A MANNER OTHER THAN DESCRIBED IN SECTION 18-6-9027
(1). This is a strict liability crime.8
SECTION 9. In Colorado Revised Statutes, 18-3.5-109, amend9
(1) as follows:10
18-3.5-109. Careless driving resulting in unlawful termination11
of pregnancy - penalty. (1) A person who drives a motor vehicle,12
bicycle, electrical assisted bicycle, electric scooter, or low-power scooter13
in a careless and imprudent manner, without due regard for the width,14
grade, curves, corners, traffic, and use of the streets and highways and all15
other attendant circumstances, and causes the unlawful termination of a16
pregnancy of a woman is guilty of careless driving resulting in unlawful17
termination of pregnancy
IN A MANNER OTHER THAN DESCRIBED IN18
SECTION 18-6-902 (1). A person convicted of careless driving of a bicycle,19
electrical assisted bicycle, or electric scooter resulting in the unlawful20
termination of pregnancy is not subject to section 42-2-127.21
SECTION 10. In Colorado Revised Statutes, 12-240-121, add22
(1)(hh) as follows:23
12-240-121. Unprofessional conduct - definitions.24
(1) "Unprofessional conduct" as used in this article 240 means:25
(hh) A
CONVICTION FOR VIOLATING SECTION 18-6-902, REGARDING26
THE PROHIBITION OF TERMINATING THE LIFE OF AN UNBORN CHILD .27
HB22-1047
-7- SECTION 11. Potential appropriation. Pursuant to section1
2-2-703, C.R.S., any bill that results in a net increase in periods of2
imprisonment in state correctional facilities must include an appropriation3
of money that is sufficient to cover any increased capital construction, any4
operational costs, and increased parole costs that are the result of the bill5
for the department of corrections in each of the first five years following6
the effective date of the bill. Because this act may increase periods of7
imprisonment, this act may require a five-year appropriation.8
SECTION 12. Effective date - applicability. This act takes9
effect July 1, 2022, and applies to offenses committed on or after said10
date.11
SECTION 13. Safety clause. The general assembly hereby finds,12
determines, and declares that this act is necessary for the immediate13
preservation of the public peace, health, or safety.14
HB22-1047
-8-