HLS 11RS-708 ORIGINAL
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Regular Session, 2011
HOUSE BILL NO. 587
BY REPRESENTATIVE LABRUZZO
Prefiled pursuant to Article III, Section 2(A)(4)(b)(i) of the Constitution of Louisiana.
ABORTION: Revises the Human Life Protection Act
AN ACT1
To amend and reenact R.S. 14:32.5(A) and R.S. 40:1299.35.0, to enact R.S.2
40:1299.35.1(11) and to repeal R.S. 40:1299.30(A), (B), and (E), relative to abortion;3
to revise the definition of feticide; to repeal certain conditions relative to prohibition4
of abortion; to repeal federally funded Medicaid trigger to prohibition of abortion;5
to repeal exception for certain contraceptive measures, drugs, or chemicals6
administered prior to the time pregnancy could be determined; to provide for7
legislative intent; and to provide for related matters.8
Be it enacted by the Legislature of Louisiana:9
Section 1. R.S. 14:32.5(A) is hereby amended and reenacted to read as follows:10
§32.5. Feticide defined; exceptions 11
A. Feticide is the killing of an unborn child by the act, procurement, or12
culpable omission of a person, other than including the mother of the unborn child.13
The offense of feticide shall not include acts which cause the death of an unborn14
child if those acts were committed during any abortion to which the pregnant woman15
or her legal guardian has consented or which was performed in an emergency as16
defined in R.S. 40:1299.35.12. Nor shall the offense of feticide include acts which17
are committed pursuant to usual and customary standards of medical practice during18
diagnostic testing or therapeutic treatment.19
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HB NO. 587
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Section 2. R.S. 40:1299.35.0 is hereby amended and reenacted and R.S.1
40:1299.35.1(11) is hereby enacted to read as follows:2
§1299.35.0. Legislative intent3
For all purposes within this Title, all human beings shall be considered legal4
persons. Therefore It it is the intention of the Legislature of the State of Louisiana5
to regulate prohibit abortion to the extent permitted by the decisions of the United6
States Supreme Court. The Legislature does solemnly declare and find in7
reaffirmation of the longstanding policy of this State, that the unborn child is a8
human being from the time of conception that human being's biological beginning9
and is, therefore, a legal person for purposes of the unborn child's right to life and is10
entitled to the right to life from conception his biological beginning until natural11
death under the laws and Constitution of this State. Further, the Legislature finds12
and declares that the longstanding policy of this State is to protect the right to life of13
the unborn child from conception by defining the unborn child as a person and14
further by prohibiting abortion all abortions at any and all stages of the unborn15
child's development impermissible only because of the decisions of the United States16
Supreme Court and that, therefore, if those decisions of the United States Supreme17
Court are ever reversed or modified or the United States Constitution is amended to18
allow protection of the unborn then the former policy of this State to prohibit19
abortions shall be enforced.20
§1299.35.1. Definitions21
As used in R.S. 40:1299.35.0 through 1299.35.18, the following words have22
the following meanings:23
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(11) "Biological beginning" means when life begins, at the start.25
Section 3. R.S. 40:1299.30(A), (B), and (E) are hereby repealed in their entirety.26 HLS 11RS-708 ORIGINAL
HB NO. 587
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DIGEST
The digest printed below was prepared by House Legislative Services. It constitutes no part
of the legislative instrument. The keyword, one-liner, abstract, and digest do not constitute
part of the law or proof or indicia of legislative intent. [R.S. 1:13(B) and 24:177(E)]
LaBruzzo HB No. 587
Abstract: Amends the Human Life Protection Act.
Present law (R.S. 14:32.5(A)) defines "feticide" as the killing of an unborn child by the act,
procurement, or culpable omission of a person other than the mother of the unborn child.
Specifies that feticide does not include acts which cause the death of an unborn child if those
acts were committed during any abortion to which the pregnant woman or her legal guardian
has consented or which was performed in an emergency as defined in present law. Also,
specifies that the offense does not include acts which are committed pursuant to usual and
customary standards of medical practice during diagnostic testing or therapeutic treatment.
Proposed law modifies the definition of "feticide" by specifying that it is the killing of an
unborn child by the act, procurement, or culpable omission of a person, including the mother
of the unborn child. Also, removes the exception to the application of present law if the acts
which cause the death of an unborn child were committed during any abortion to which the
pregnant woman or her legal guardian has consented or which was performed in an
emergency. Also, removes the exception for acts which are committed pursuant to usual and
customary standards of medical practice during diagnostic testing or therapeutic treatment.
Present law (R.S. 40:1299.35.0) establishes the legislative intent of the Legislature of the
State of Louisiana is to regulate abortion to the extent permitted by the decisions of the
United States Supreme Court. The Legislature does solemnly declare and find in
reaffirmation of the longstanding policy of this State, that the unborn child is a human being
from the time of conception and is, therefore, a legal person for purposes of the unborn
child's right to life and is entitled to the right to life from conception under the laws and
Constitution of this State. Further, the Legislature finds and declares that the longstanding
policy of this State is to protect the right to life of the unborn child from conception by
prohibiting abortion impermissible only because of the decisions of the United States
Supreme Court and that, therefore, if those decisions of the United States Supreme Court are
ever reversed or modified or the United States Constitution is amended to allow protection
of the unborn then the former policy of this State to prohibit abortions shall be enforced.
Proposed law modifies present law by specifying that for all purposes within the law, all
human beings are considered legal persons. Provides that therefore the intent of the
Legislature of the State of Louisiana is to prohibit abortion. It also specifies that an unborn
child is a human being from the time of that human being's biological beginning and is a
legal person for the purposes of the unborn child's right to life and is entitled to the right to
life from the biological beginning until natural death. Finally, it removes the provision that
indicates that the prohibition of abortion is impermissible only because of the decisions of
the United States Supreme Court and that, therefore, if those decisions of the United States
Supreme Court are ever reversed or modified or the United States Constitution is amended
to allow protection of the unborn then the former policy of this State to prohibit abortions
shall be enforced.
Proposed law (R.S. 40:1299.35.1(11)) defines "biological beginning" as meaning when life
begins, at the start.
Present law (R.S. 40:1299.30(A)) provides that the provisions of present law shall become
effective immediately upon, and to the extent permitted, by the occurrence of any of the
following circumstances: HLS 11RS-708 ORIGINAL
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(1) Any decision of the United States Supreme Court which reverses, in whole or in part,
Roe v. Wade, 410 U.S. 113, 93 S.Ct. 705, 35 L.Ed. 2d 147 (1973), thereby, restoring
to the state of Louisiana the authority to prohibit abortion.
(2) Adoption of an amendment to the United States Constitution which, in whole or in
part, restores to the state of Louisiana the authority to prohibit abortion.
Proposed law repeals present law.
Present law (R.S. 40:1299.30(B)) provides that the provisions of present law are effective
relative to the appropriation of Medicaid funds, to the extent consistent with any executive
order by the President of the United States, federal statute, appropriation rider, or federal
regulation that sets forth the limited circumstances in which states must fund abortion to
remain eligible to receive federal Medicaid funds pursuant to federal law.
Proposed law repeals present law.
Present law (R.S. 40:1299.30(E)) provides that present law does not prohibit the sale, use,
prescription, or administration of a contraceptive measure, drug or chemical, if it is
administered prior to the time when a pregnancy could be determined through conventional
medical testing and if the contraceptive measure is sold, used, prescribed, or administered
in accordance with manufacturer instructions.
Proposed law repeals present law.
(Amends R.S. 14:32.5(A) and R.S. 40:1299.35.0; Adds R.S. 40:1299.35.1(11); Repeals R.S.
40:1299.30(A), (B), and (E))