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)]
HB 815 Engrossed 2016 Regular Session Stokes
Abstract: Prohibits buying, selling, and any other transfer of the intact body of a human embryo or
fetus whose death was caused by an induced abortion; prohibits buying, selling, and any
other transfer of organs, tissues, or cells obtained from a human embryo or fetus whose death
was caused by an induced abortion; and requires burial or cremation of remains resulting
from abortion.
Present law relative to regulation of abortion provides, in part, that each physician who performs or
induces an abortion which does not result in a live birth shall insure that the remains of the child are
disposed of in accordance with applicable rules and regulations of the Department of Health and
Hospitals. Proposed law revises present law to provide that each such physician shall insure that the
remains of the child are disposed of by interment or cremation as required by present law relative
to human remains (R.S. 8:651 et seq.).
Proposed law provides legislative findings regarding post-abortion harvesting of fetal organs, tissues,
and cells.
Proposed law provides that it shall be unlawful for any person or entity to buy, sell, donate, accept,
distribute, or otherwise transfer or use for any purpose the intact body of a human embryo or fetus
whose death was knowingly caused by an induced abortion, or the human organs, tissues or cells
obtained from a human embryo or fetus whose death was knowingly caused by an induced abortion.
Provides that whoever violates the provisions of proposed law shall be subject to the following
penalties:
(1)Criminal penalties relative to the illegal purchase or sale of human organs provided in
present law (R.S. 14:101.1).
(2)Civil penalties relative to abortion, generally, provided in present law (R.S. 40:1061.29).
Proposed law stipulates that nothing in proposed law shall be construed to prohibit any of the
following:
(1)Final disposition of the bodily remains of the aborted human being in accordance with
present law.
(2)Any conduct permitted under present law that is undertaken with any of the following
purposes: (a)The purpose of providing knowledge solely to the mother, such as for pathological
or diagnostic purposes.
(b)The purpose of providing knowledge solely to law enforcement officers, such as the
case of an autopsy following a fetal homicide.
(3)The donation of bodily remains from a human embryo or fetus whose death was caused by
a natural miscarriage or stillbirth, in accordance with the guidelines and prohibitions
provided in applicable laws.
Proposed law stipulates that nothing in proposed law shall be construed to alter generally accepted
medical standards, affect existing federal or state law regarding the practice of abortion, or to create
or recognize a right to abortion.
Proposed law provides that any provision of proposed law held to be invalid or unenforceable by its
terms, or as applied to any person or circumstance, shall be construed so as to give it the maximum
effect permitted by law, unless such holding is one of utter invalidity or unenforceability, in which
event such provision shall be deemed severable and shall not affect the remainder of proposed law
or the application of such provision to other persons not similarly situated or to other dissimilar
circumstances.
(Amends R.S. 40:1061.25)