RÉSUMÉ DIGEST
ACT 196 (SB 33) 2016 Regular Session Gatti
New 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)Buy, 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 new 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 or sale via any transaction
prohibited by law.
(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.
This use, prescription, or means used is not an abortion if undertaken with the intent
to save the life or preserve the health of the unborn child; to remove the unborn child
who died of natural causes; or to remove an ectopic pregnancy.
(5)"Miscarriage or stillbirth" means the spontaneous or accidental death of an unborn
child, whether the death occurred in the womb or in the process of birth. Death of
the unborn child is indicated by the lack of signs of breathing or any other evidence
of life, such as beating of the heart, pulsation of the umbilical cord, or definite
movement of voluntary muscles.
New law is not to be construed to prohibit any transaction related to the final disposition of
the bodily remains of the aborted human being in accordance with state law, or to prohibit
any conduct permitted that is undertaken for the purpose of providing knowledge solely to
the mother for pathological or diagnostic purposes or to provide knowledge solely to law
enforcement officers as in the case of autopsy following a feticide.
New law is not to be construed to do any other following:
(1)To prohibit 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 state and federal law.
(2)To affect existing federal or state law regarding the practice of abortion, or to create
or recognize a right to abortion.
New law provides that any person who violates the prohibitions contained in new 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)