The original instrument and the following digest, which constitutes no part of the
legislative instrument, were prepared by Alden A. Clement, Jr.
DIGEST
SB 33 Engrossed 2016 Regular Session Gatti
Proposed law provides that no person may knowingly and for money, including but not limited to
fees for storage or handling, any payments for reimbursement, repayments, or compensation, or any
other consideration:
(1)Collect, harvest, sell, receive, or otherwise transfer or acquire a fetal organ or body part
resulting from an induced abortion.
(2)Transport with the intent to sell or otherwise transfer a fetal organ or body part resulting from
an induced abortion.
(3)Transport a fetal organ or body part resulting from an induced abortion that has been
acquired by any person via any transaction prohibited by proposed law.
Proposed law provides the following definitions:
(1)"Receive" includes acquiring any fetal organ or fetal body part, or the rights to any fetal
organ or fetal body part, through an act of donation."
(2)"Fetal body part" means a cell, tissue, organ, or other part of an unborn child who is aborted
by an induced abortion.
(3)"Unborn child" means any individual of the human species from fertilization and
implantation until birth.
(4)"Induced 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.
Proposed law does not apply to donations of fetal tissue utilized for stem cell research and umbilical
cord blood.
Proposed law provides that any person who violates the prohibitions contained in proposed law is
to be sentenced to a term of imprisonment at hard labor for not less than 10 nor more than 50 years,
at least 10 years of which must be served without benefit of probation or suspension of sentence, and
may, in addition, be required to pay a fine of not more than $50,000.
Effective August 1, 2016. (Adds R.S. 14:87.3)
Summary of Amendments Adopted by Senate
Committee Amendments Proposed by Senate Committee on Judiciary C to the original bill
1. Add specific items to list of consideration for acts prohibited by proposed law.
2. Add definition of "receive" for purposes of proposed law.
3. Add exemption for donations of fetal tissue utilized for stem cell research and
umbilical cord blood.