Colorado 2022 Regular Session

Colorado House Bill HB1047 Compare Versions

Only one version of the bill is available at this time.

Old	New	Differences
1	1	Second Regular Session
2	2	Seventy-third General Assembly
3	3	STATE OF COLORADO
4	4	INTRODUCED
5	5
6	6
7	7	LLS NO. 22-0591.01 Michael Dohr x4347
8	8	HOUSE BILL 22-1047
9	9	House Committees Senate Committees
10	10	Health & Insurance
11	11	A BILL FOR AN ACT
12	12	C
13	13	ONCERNING THE PROTECTION OF HUMAN LIFE BEGINNING AT101
14	14	CONCEPTION.102
15	15	Bill Summary
16	16	(Note: This summary applies to this bill as introduced and does
17	17	not reflect any amendments that may be subsequently adopted. If this bill
18	18	passes third reading in the house of introduction, a bill summary that
19	19	applies to the reengrossed version of this bill will be available at
20	20	http://leg.colorado.gov
21	21	.)
22	22	The bill prohibits terminating the life of an unborn child and
23	23	makes a violation a class 1 felony. The following are exceptions to the
24	24	prohibition:
25	25	! A licensed physician performs a medical procedure
26	26	designed or intended to prevent the death of a pregnant
27	27	mother, if the physician makes reasonable medical efforts
28	28	HOUSE SPONSORSHIP
29	29	Neville, Luck, Ransom, Sandridge, Van Winkle, Williams
30	30	SENATE SPONSORSHIP
31	31	(None),
32	32	Shading denotes HOUSE amendment. Double underlining denotes SENATE amendment.
33	33	Capital letters or bold & italic numbers indicate new material to be added to existing statute.
34	34	Dashes through the words indicate deletions from existing statute. under the circumstances to preserve both the life of the
35	35	mother and the life of her unborn child in a manner
36	36	consistent with conventional medical practice; and
37	37	! A licensed physician provides medical treatment, including
38	38	chemotherapy or removal of an ectopic pregnancy, to the
39	39	mother that results in the accidental or unintentional injury
40	40	to or death of the unborn child.
41	41	The pregnant mother upon whom termination of the life of an
42	42	unborn child is performed or attempted is not subject to a criminal
43	43	penalty. A conviction related to the prohibition of the termination of the
44	44	life of an unborn child constitutes unprofessional conduct for purposes of
45	45	physician licensing. The bill does not prohibit the sale and use of
46	46	contraception.
47	47	The bill states that any act, law, treaty, order, or regulation of the
48	48	United States government that denies or prohibits protection of a human
49	49	person's inalienable right to life is null, void, and unenforceable, in this
50	50	state and that the courts of the United States have no jurisdiction to
51	51	interfere with Colorado's interest in protecting human life at conception,
52	52	when human life begins.
53	53	Be it enacted by the General Assembly of the State of Colorado:1
54	54	SECTION 1. Legislative intent. (1) It is the intent of the general2
55	55	assembly to make the practice of terminating the life of an unborn child3
56	56	illegal in the state of Colorado.4
57	57	(2) Colorado's authority to assert its interest in protecting human5
58	58	life from conception derives from:6
59	59	(a) The Tenth Amendment to the United States Constitution that7
60	60	provides that all powers not delegated to the federal government8
61	61	elsewhere in the Constitution are reserved to the states or to the people9
62	62	that Colorado has utilized since 1967 by legalizing the practice of10
63	63	abortion before the Supreme Court case, Roe v. Wade, 410 U.S. 11311
64	64	(1973); and12
65	65	(b) The Declaration of Independence that acknowledges that life13
66	66	is endowed to all persons as an inalienable right.14
67	67	HB22-1047-2- SECTION 2. In Colorado Revised Statutes, add part 9 to article1
68	68	6 of title 18 as follows:2
69	69	PART 93
70	70	TERMINATION OF THE LIFE OF AN UNBORN CHILD4
71	71	PROHIBITION5
72	72	18-6-901. Definitions. A
73	73	S USED IN THIS PART 9, UNLESS THE6
74	74	CONTEXT OTHERWISE REQUIRES :7
75	75	(1) "A
76	76	BORTION" MEANS THE ACT OF USING OR PRESCRIBING ANY8
77	77	INSTRUMENT, MEDICINE, DRUG, OR ANY OTHER SUBSTANCE, DEVICE, OR9
78	78	MEANS WITH THE INTENT TO TERMINATE THE PREGNANCY OF A WOMAN10
79	79	WITH KNOWLEDGE OR REASON TO BELIEVE THAT THE TERMINATION BY11
80	80	THOSE MEANS WILL CAUSE THE DEATH OF THE UNBORN CHILD . SUCH USE,12
81	81	PRESCRIPTION, OR MEANS IS NOT AN ABORTION IF DONE WITH THE INTENT13
82	82	TO:14
83	83	(a) S
84	84	AVE THE LIFE OR PRESERVE THE HEALTH OF AN UNBORN15
85	85	CHILD;16
86	86	(b) R
87	87	EMOVE A DEAD UNBORN CHILD WHO DID NOT DIE AS A RESULT17
88	88	OF AN INTENTIONAL, KNOWING, OR RECKLESS ACTION TO TERMINATE A18
89	89	PREGNANCY; OR19
90	90	(c) R
91	91	EMOVE AN ECTOPIC PREGNANCY .20
92	92	(2) "F
93	93	ERTILIZATION" MEANS THAT POINT IN TIME WHEN A MALE21
94	94	HUMAN SPERM PENETRATES THE ZONA PELLUCIDA OF A FEMALE HUMAN22
95	95	OVUM IN THE CASE OF SEXUAL REPRODUCTION .23
96	96	(3) "P
97	97	REGNANT" OR "PREGNANCY" MEANS THE HUMAN FEMALE24
98	98	REPRODUCTIVE CONDITION OF HAVING A LIVING UNBORN HUMAN BEING25
99	99	WITHIN HER BODY THROUGHOUT THE ENTIRE EMBR YONIC AND FETAL AGES26
100	100	OF THE UNBORN CHILD FROM FERTILIZATION TO FULL GESTATION AND27
101	101	HB22-1047
102	102	-3- CHILDBIRTH.1
103	103	(4) "U
104	104	NBORN HUMAN BEING " OR "UNBORN CHILD" MEANS AN2
105	105	INDIVIDUAL LIVING MEMBER OF THE SPECIES HOMO SAPIENS , THROUGHOUT3
106	106	THE ENTIRE EMBRYONIC AND FETAL AGES OF THE UNBORN CHILD FROM4
107	107	FERTILIZATION TO FULL GESTATION AND CHILDBIRTH .5
108	108	18-6-902. Termination of the life of an unborn child -6
109	109	prohibition - penalty - exceptions. (1) A
110	110	PERSON SHALL NOT7
111	111	KNOWINGLY ADMINISTER TO , PRESCRIBE FOR, PROCURE FOR, OR SELL TO8
112	112	A PREGNANT MOTHER ANY MEDICINE , DRUG, OR OTHER SUBSTANCE WITH9
113	113	THE SPECIFIC INTENT OF CAUSING OR ABETTING THE TERMINATION OF THE10
114	114	LIFE OF AN UNBORN HUMAN BEING. A PERSON SHALL NOT KNOWINGLY USE11
115	115	OR EMPLOY ANY INSTRUMENT OR PROCEDURE UPON A PREGNANT MOTHER12
116	116	WITH THE SPECIFIC INTENT OF CAUSING OR ABETTING THE TERMINATION13
117	117	OF THE LIFE OF AN UNBORN HUMAN BEING .14
118	118	(2) A
119	119	VIOLATION OF THIS SECTION IS A CLASS 1 FELONY.15
120	120	(3) (a) A
121	121	LICENSED PHYSICIAN WHO PERFORMS A MEDICAL16
122	122	PROCEDURE DESIGNED OR INTENDED TO PREVENT THE DEATH OF A17
123	123	PREGNANT MOTHER IS NOT GUILTY OF VIOLATING THIS SECTION IF THE18
124	124	PHYSICIAN MAKES REASONABLE MEDICAL EFFORTS TO PRESERVE BOTH THE19
125	125	LIFE OF THE MOTHER AND THE LIFE OF HER UNBORN CHILD IN A MANNER20
126	126	CONSISTENT WITH CONVENTIONAL MEDICAL PRACTICE .21
127	127	(b) A
128	128	LICENSED PHYSICIAN WHO PROVIDES MEDICAL TREATMENT ,22
129	129	INCLUDING CHEMOTHERAPY AND THE REMOVAL OF ECTOPIC PREGNANCIES ,23
130	130	TO A PREGNANT MOTHER THAT RESULTS IN THE ACCIDENTAL OR24
131	131	UNINTENTIONAL INJURY TO OR DEATH OF HER UNBORN CHILD IS NOT25
132	132	GUILTY OF VIOLATING THIS SECTION.26
133	133	(c) A
134	134	PREGNANT MOTHER UPON WHOM THE TERMINATION OF THE27
135	135	HB22-1047
136	136	-4- LIFE OF AN UNBORN CHILD IS PERFORMED OR ATTEMPTED IS NOT GUILTY1
137	137	OF VIOLATING THIS SECTION.2
138	138	(4) N
139	139	OTHING IN THIS SECTION IS CONSTRUED TO PROHIBIT THE3
140	140	SALE, USE, PRESCRIPTION, OR ADMINISTRATION OF A CONTRACEPTIVE4
141	141	MEASURE, DEVICE, DRUG, OR CHEMICAL.5
142	142	18-6-903. Protection of inalienable right to life. (1) A
143	143	NY ACT,6
144	144	LAW, TREATY, ORDER, OR REGULATION OF THE UNITED STATES7
145	145	GOVERNMENT THAT DENIES OR PROHIBITS PROTECTION OF A HUMAN8
146	146	PERSON'S INALIENABLE RIGHT TO LIFE IS NULL , VOID, AND9
147	147	UNENFORCEABLE IN THIS STATE.10
148	148	(2) T
149	149	HE COURTS OF THE UNITED STATES HAVE NO JURISDICTION TO11
150	150	INTERFERE WITH COLORADO'S INTEREST IN PROTECTING HUMAN LIFE AT12
151	151	CONCEPTION WHEN HUMAN LIFE BEGINS .13
152	152	SECTION 3. In Colorado Revised Statutes, 18-3.5-103, amend14
153	153	(1) as follows:15
154	154	18-3.5-103. Unlawful termination of pregnancy in the first16
155	155	degree. (1) A person commits the offense of unlawful termination of17
156	156	pregnancy in the first degree if, with the intent to terminate unlawfully the18
157	157	pregnancy of a woman, the person unlawfully terminates the woman's19
158	158	pregnancy
159	159	IN A MANNER OTHER THAN DESCRIBED IN SECTION 18-6-902 (1).20
160	160	SECTION 4. In Colorado Revised Statutes, 18-3.5-104, amend21
161	161	(1) as follows:22
162	162	18-3.5-104. Unlawful termination of pregnancy in the second23
163	163	degree. (1) A person commits the offense of unlawful termination of24
164	164	pregnancy in the second degree if the person knowingly causes the25
165	165	unlawful termination of the pregnancy of a woman
166	166	IN A MANNER OTHER26
167	167	THAN DESCRIBED IN SECTION 18-6-902 (1).27
168	168	HB22-1047
169	169	-5- SECTION 5. In Colorado Revised Statutes, 18-3.5-105, amend1
170	170	(1) as follows:2
171	171	18-3.5-105. Unlawful termination of pregnancy in the third3
172	172	degree. (1) A person commits the offense of unlawful termination of4
173	173	pregnancy in the third degree if, under circumstances manifesting extreme5
174	174	indifference to the value of human life, the person knowingly engages in6
175	175	conduct that creates a grave risk of death to another person, and thereby7
176	176	causes the unlawful termination of the pregnancy of a woman
177	177	IN A8
178	178	MANNER OTHER THAN DESCRIBED IN SECTION 18-6-902 (1).9
179	179	SECTION 6. In Colorado Revised Statutes, 18-3.5-106, amend10
180	180	(1) as follows:11
181	181	18-3.5-106. Unlawful termination of pregnancy in the fourth12
182	182	degree. (1) A person commits the offense of unlawful termination of13
183	183	pregnancy in the fourth degree if the person recklessly causes the14
184	184	unlawful termination of the pregnancy of a woman,
185	185	IN A MANNER OTHER15
186	186	THAN DESCRIBED IN SECTION 18-6-902 (1), at such time as the person16
187	187	knew or reasonably should have known that the woman was pregnant.17
188	188	SECTION 7. In Colorado Revised Statutes, 18-3.5-107, amend18
189	189	(1) as follows:19
190	190	18-3.5-107. Vehicular unlawful termination of pregnancy.20
191	191	(1) If a person operates or drives a motor vehicle in a reckless manner,21
192	192	and this conduct is the proximate cause of the unlawful termination of the22
193	193	pregnancy of a woman, such person commits vehicular unlawful23
194	194	termination of pregnancy
195	195	IN A MANNER OTHER THAN DESCRIBED IN24
196	196	SECTION 18-6-902 (1).25
197	197	SECTION 8. In Colorado Revised Statutes, 18-3.5-108, amend26
198	198	(1)(a) as follows:27
199	199	HB22-1047
200	200	-6- 18-3.5-108. Aggravated vehicular unlawful termination of1
201	201	pregnancy - definitions. (1) (a) If a person operates or drives a motor2
202	202	vehicle while under the influence of alcohol or one or more drugs, or a3
203	203	combination of both alcohol and one or more drugs, and this conduct is4
204	204	the proximate cause of the unlawful termination of the pregnancy of a5
205	205	woman, such person commits aggravated vehicular unlawful termination6
206	206	of pregnancy
207	207	IN A MANNER OTHER THAN DESCRIBED IN SECTION 18-6-9027
208	208	(1). This is a strict liability crime.8
209	209	SECTION 9. In Colorado Revised Statutes, 18-3.5-109, amend9
210	210	(1) as follows:10
211	211	18-3.5-109. Careless driving resulting in unlawful termination11
212	212	of pregnancy - penalty. (1) A person who drives a motor vehicle,12
213	213	bicycle, electrical assisted bicycle, electric scooter, or low-power scooter13
214	214	in a careless and imprudent manner, without due regard for the width,14
215	215	grade, curves, corners, traffic, and use of the streets and highways and all15
216	216	other attendant circumstances, and causes the unlawful termination of a16
217	217	pregnancy of a woman is guilty of careless driving resulting in unlawful17
218	218	termination of pregnancy
219	219	IN A MANNER OTHER THAN DESCRIBED IN18
220	220	SECTION 18-6-902 (1). A person convicted of careless driving of a bicycle,19
221	221	electrical assisted bicycle, or electric scooter resulting in the unlawful20
222	222	termination of pregnancy is not subject to section 42-2-127.21
223	223	SECTION 10. In Colorado Revised Statutes, 12-240-121, add22
224	224	(1)(hh) as follows:23
225	225	12-240-121. Unprofessional conduct - definitions.24
226	226	(1) "Unprofessional conduct" as used in this article 240 means:25
227	227	(hh) A
228	228	CONVICTION FOR VIOLATING SECTION 18-6-902, REGARDING26
229	229	THE PROHIBITION OF TERMINATING THE LIFE OF AN UNBORN CHILD .27
230	230	HB22-1047
231	231	-7- SECTION 11. Potential appropriation. Pursuant to section1
232	232	2-2-703, C.R.S., any bill that results in a net increase in periods of2
233	233	imprisonment in state correctional facilities must include an appropriation3
234	234	of money that is sufficient to cover any increased capital construction, any4
235	235	operational costs, and increased parole costs that are the result of the bill5
236	236	for the department of corrections in each of the first five years following6
237	237	the effective date of the bill. Because this act may increase periods of7
238	238	imprisonment, this act may require a five-year appropriation.8
239	239	SECTION 12. Effective date - applicability. This act takes9
240	240	effect July 1, 2022, and applies to offenses committed on or after said10
241	241	date.11
242	242	SECTION 13. Safety clause. The general assembly hereby finds,12
243	243	determines, and declares that this act is necessary for the immediate13
244	244	preservation of the public peace, health, or safety.14
245	245	HB22-1047
246	246	-8-