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Regular Session, 2012
SENATE BILL NO. 330
BY SENATOR WARD
CRIME/PUNISHMENT. Criminalizes the act of performing an abortion where the
abortionist is not a licensed physician. (8/1/12)
AN ACT1
To enact R.S. 14:32.9 and 32.9.1, relative to abortion; to create the crime of criminal2
abortion; to create the crime of aggravated criminal abortion; to prohibit any3
individual who is not a licensed physician from performing an abortion; to prohibit4
the dismemberment of an unborn child by an abortionist who is not a licenced5
physician; to provide for definitions; to provide for exceptions; to provide for6
construction; to provide for penalties; and to provide for related matters.7
Be it enacted by the Legislature of Louisiana:8
Section 1. R.S. 14:32.9 and 32.9.1 are hereby enacted to read as follows: 9
§32.9. Criminal abortion10
A. Criminal abortion is an abortion performed, with or without the11
consent of the pregnant woman or her legal guardian, that results in the death12
of an unborn child when the abortion is performed by any individual who is not13
a physician licensed by the state of Louisiana.14
B. As used in this Section:15
(1) "Abortion" means the act of using or prescribing any instrument,16
medicine, drug, or any other substance, device, or means with the intent to17 SB NO. 330
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terminate the clinically diagnosable pregnancy of a woman with knowledge that1
the termination by those means will, with reasonable likelihood, cause the death2
of the unborn child. Such use, prescription, or means is not an abortion if done3
with the intent to:4
(a) Save the life or preserve the health of an unborn child.5
(b) Remove a dead unborn child or induce delivery of the uterine6
contents in case of a positive diagnosis, certified in writing in the woman's7
medical record along with the results of an obstetric ultrasound test, that the8
pregnancy has ended or is in the unavoidable and untreatable process of ending9
due to spontaneous miscarriage, also known in medical terminology as10
spontaneous abortion, missed abortion, inevitable abortion, incomplete11
abortion, or septic abortion.12
(c) Remove an ectopic pregnancy.13
(2) "Physician" means a natural person who is the holder of an14
allopathic (M.D.) degree or an osteopathic (D.O.) degree from a medical college15
in good standing with the Louisiana State Board of Medical Examiners who16
holds a license, permit, certification, or registration issued by the Louisiana17
State Board of Medical Examiners to engage in the practice of medicine in this18
state.19
(3) "Unborn child" means the unborn offspring of human beings from20
the moment of conception through pregnancy and until live birth.21
C. Any person who knowingly performs an abortion in violation of this22
Section shall be imprisoned at hard labor for not less than one nor more than23
five years, fined not less than five thousand nor more than fifty thousand24
dollars, or both.25
D. Statutory Construction. None of the following shall be construed to26
create the crime of criminal abortion:27
(1) Any action taken when a physician or other licensed medical28
professional is acting in the course of administering lawful medical care and an29 SB NO. 330
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unborn child dies.1
(2) Any act or omission taken by a pregnant woman with regard to her2
own unborn child.3
§32.9.1. Aggravated criminal abortion by dismemberment4
A. Aggravated criminal abortion by dismemberment is the commission5
of a criminal abortion, as defined in R.S. 14:32.9(A), when the unborn child is6
intentionally dismembered, whether the act of dismemberment was in the7
course of or following the death of the unborn child.8
B. As used in this Section:9
(1) "Abortion" means the act of using or prescribing any instrument,10
medicine, drug, or any other substance, device, or means with the intent to11
terminate the clinically diagnosable pregnancy of a woman with knowledge that12
the termination by those means will, with reasonable likelihood, cause the death13
of the unborn child. Such use, prescription, or means is not an abortion if done14
with the intent to:15
(a) Save the life or preserve the health of an unborn child.16
(b) Remove a dead unborn child or induce delivery of the uterine17
contents in case of a positive diagnosis, certified in writing in the woman's18
medical record along with the results of an obstetric ultrasound test, that the19
pregnancy has ended or is in the unavoidable and untreatable process of ending20
due to spontaneous miscarriage, also known in medical terminology as21
spontaneous abortion, missed abortion, inevitable abortion, incomplete22
abortion, or septic abortion.23
(c) Remove an ectopic pregnancy.24
(2) "Dismembered" or "dismemberment" means the use of a clamp,25
forceps, curette, suction cannula, or any other surgical tool or instrument with26
the intent to disarticulate the head or limb(s) from the body of the unborn child27
during an abortion, including but not limited to the common abortion methods28
known as suction curettage and dilation and evacuation.29 SB NO. 330
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(3) "Physician" means a natural person who is the holder of an1
allopathic (M.D.) degree or an osteopathic (D.O.) degree from a medical college2
in good standing with the Louisiana State Board of Medical Examiners who3
holds a license, permit, certification, or registration issued by the Louisiana4
State Board of Medical Examiners to engage in the practice of medicine in this5
state.6
(4) "Unborn child" means the unborn offspring of human beings from7
the moment of conception through pregnancy and until live birth.8
C. Any person who knowingly performs an abortion in violation of this9
Section shall be imprisoned at hard labor for not less than one nor more than10
ten years, fined not less than ten thousand nor more than one hundred thousand11
dollars, or both.12
D. Exceptions. None of the following shall be construed to create the13
crime of criminal abortion:14
(1) Any action taken when a physician or other licensed medical15
professional is acting in the course of administering lawful medical care and an16
unborn child dies.17
(2) Any act or omission taken by a pregnant woman with regard to her18
own unborn child.19
Section 2. Nothing in this Act shall be construed as creating or recognizing a right20
to abortion. It is not the intention of this Act to make lawful an abortion that is currently21
unlawful. Nothing in this Act shall be construed to preclude a prosecution under any other22
section or provision of the law.23
The original instrument was prepared by Carla S. Roberts. The following
digest, which does not constitute a part of the legislative instrument, was
prepared by Alden A. Clement, Jr.
DIGEST
Ward (SB 330)
Proposed law creates the crime of criminal abortion.
Proposed law defines "criminal abortion" as the performance of an abortion where the
abortionist is not a La. licensed physician. SB NO. 330
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Proposed law provides that any person who is guilty of criminal abortion will be imprisoned
at hard labor for not less than one nor more than five years, fined not less than $5,000 nor
more than $50,000, or both.
Proposed law creates the crime of aggravated criminal abortion by dismemberment.
Proposed law defines "aggravated criminal abortion" by dismemberment as an abortion
where the unborn child is intentionally dismembered, whether the act of dismemberment was
in the course of or following the death of the unborn child.
Proposed law provides that any person who is guilty of aggravated criminal abortion will be
imprisoned at hard labor for not less than one nor more than 10 years, fined not less than
$10,000 nor more than $100,000, or both.
Proposed law provides for the following definitions:
1."Abortion" means the act of using or prescribing any instrument, medicine, drug, or
any other substance, device, or means with the intent to terminate the clinically
diagnosable pregnancy of a woman with knowledge that the termination by those
means will, with reasonable likelihood, cause the death of the unborn child. Such
use, prescription, or means is not an abortion if done with the intent to:
(a) Save the life or preserve the health of an unborn child.
(b) Remove a dead unborn child or induce delivery of the uterine contents in
case of a positive diagnosis, certified in writing in the woman's medical
record along with the results of an obstetric ultrasound test, that the
pregnancy has ended or is in the unavoidable and untreatable process of
ending due to spontaneous miscarriage, also known in medical terminology
as spontaneous abortion, missed abortion, inevitable abortion, incomplete
abortion, or septic abortion.
(c) Remove an ectopic pregnancy.
2. "Dismembered" or "dismemberment" means the use of a clamp, forceps, curette,
suction cannula, or any other surgical tool or instrument with the intent to
disarticulate the head or limb(s) from the body of the unborn child during an
abortion, including but not limited to the common abortion methods known as
suction curettage and dilation and evacuation.
3. "Physician" means a natural person who is the holder of an allopathic (M.D.) degree
or an osteopathic (D.O.) degree from a medical college in good standing with the
Louisiana State Board of Medical Examiners who holds a license, permit,
certification, or registration issued by the Louisiana State Board of Medical
Examiners to engage in the practice of medicine in this state.
4. "Unborn child" means the unborn offspring of human beings from the moment of
conception through pregnancy and until live birth.
Proposed law provides that none of the following will be construed to create the crime of
criminal abortion:
1. Any action taken when a physician or other licensed medical professional is acting
in the course of administering lawful medical care and an unborn child dies.
2. Any act or omission taken by a pregnant woman with regard to her own unborn
child. SB NO. 330
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Coding: Words which are struck through are deletions from existing law;
words in boldface type and underscored are additions.
Proposed law provides nothing in proposed law will be construed as creating or recognizing
a right to abortion.
Proposed law provides nothing in proposed law is intended to make lawful an abortion that
is currently unlawful.
Proposed law provides that prosecution for a criminal abortion or aggravated criminal
abortion will not preclude prosecution for another violation of criminal law.
Effective August 1, 2012.
(Adds R.S. 14:32.9 and 32.9.1)
Summary of Amendments Adopted by Senate
Committee Amendments Proposed by Senate Committee on Judiciary C to the
original bill
1. Changes "dismembered" to "intentionally dismembered" in proposed
law definition of crime of abortion by dismemberment.
2. Changes definition for purposes of proposed law from "dismemberment" to
"dismembered or dismemberment."
3. Makes technical changes.