Kansas House Bill HB2813

Kansas 2023-2024 Regular Session

• Introduced: 2/21/24
• Refer: 2/21/24
• Report Pass: 3/20/24
• Failed: 4/30/24

Caption

Creating the crime of reproductive coercion that includes coercion to obtain an abortion or to gain control over the reproductive autonomy of another person by force; providing penalties.

Impact

If enacted, HB 2813 would amend the Kansas criminal code by instituting a clear legal framework against coercive practices aimed at influencing a woman's decision on abortion. The bill outlines various forms of coercion and prescribes specific sentences based on the nature of the offense, with heightened penalties for offenses involving minors. This change may not only reaffirm the state's stance on reproductive rights but also enhance protections for vulnerable populations, particularly minors. The bill is intended to empower women by legally recognizing their autonomy in making reproductive decisions free from external pressures.

Summary

House Bill 2813 addresses the issue of unlawful coercion to obtain an abortion. The bill proposes to create the crime of coercion to obtain an abortion, specifically targeting actions that compel a pregnant woman to have an abortion against her stated wishes. It defines coercion under broad parameters, including physical threats, financial harm, and the misuse of legal or other significant pressures to influence a woman's decision about her reproductive choices. The bill establishes penalties for individuals who commit coercion and increases the severity of penalties if the offender is the father or putative father of the unborn child and the pregnant woman is a minor.

Contention

The proposed bill has generated a notable debate. Supporters argue it is a necessary measure to protect women's reproductive rights and ensure that their choices regarding abortion are made without coercion or manipulation. They highlight the importance of safeguarding personal autonomy in matters of health and family planning. However, critics express concerns regarding potential overreach and the implications for personal freedom and parental rights. They argue that the bill could inadvertently complicate legitimate conversations between partners about family planning and lead to unintended consequences in law enforcement practices.

Enforcement

The bill outlines distinct enforcement mechanisms that mandate the prosecution of coercive acts related to abortion, potentially placing more scrutiny on interpersonal relationships where such pressures may occur. It introduces penalties that include imprisonment and fines for those found guilty of coercion. The proposed penalties vary based on the circumstances, illustrating a clear intent to deter coercive actions while ensuring accountability for violations. The enforcement of this law, if passed, will require careful oversight to balance the interests of protecting women's rights with the rights of individuals engaging in conversation regarding reproductive choices.