HLS 23RS-342 ORIGINAL
2023 Regular Session
HOUSE BILL NO. 522
BY REPRESENTATIVE FREEMAN
Prefiled pursuant to Article III, Section 2(A)(4)(b)(i) of the Constitution of Louisiana.
ABORTION: Provides relative to abortion
1 AN ACT
2To amend and reenact R.S. 14:87.1(1)(a)(introductory paragraph) and (b)(vi), 87.7(C), and
3 87.8(B) and R.S. 40:1061(D), relative to abortion; to provide for definitions; to
4 provide for the imposition of fines in place of imprisonment when an abortion has
5 been performed; to reduce the requirements for physician certification regarding the
6 determination of medical futility; and to provide for related matters.
7Be it enacted by the Legislature of Louisiana:
8 Section 1. R.S. 14:87.1(1)(a)(introductory paragraph) and (b)(vi), 87.7(C), and
987.8(B) are hereby amended and reenacted to read as follows:
10 §87.1. Definitions
11 Wherever used in this Subpart, unless a different meaning clearly appears in
12 the context, the following terms, whether used in the singular or plural, shall have
13 the following meanings:
14 (1)(a) "Abortion" or "induced abortion" means the performance of any act
15 with the specific intent to terminate a clinically diagnosable pregnancy and with
16 knowledge that the termination by those means will, with reasonable likelihood,
17 cause the death of the unborn child by one or more of the following means:
18 * * *
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HB NO. 522
1 (b) Abortion shall not mean any one or more of the following acts, if
2 performed by a physician:
3 * * *
4 (vi) The removal of an unborn child who is deemed to be medically futile.
5 The diagnosis shall be a medical judgment certified by two a qualified physicians
6 physician and recorded in the woman's medical record. The medical procedure shall
7 be performed in a licensed ambulatory surgical center or hospital. Upon the
8 completion of the procedure, the physician shall submit an individual abortion report
9 consistent with R.S. 40:1061.21 that includes appropriate evidence of the certified
10 diagnosis.
11 * * *
12 §87.7. Abortion
13 * * *
14 C. Whoever commits the crime of abortion shall be imprisoned at hard labor
15 for not less than one year nor more than ten years and shall be fined not less than ten
16 thousand dollars nor more than one hundred up to twenty-five thousand dollars.
17 * * *
18 §87.8. Late term abortion
19 * * *
20 B. Whoever commits the crime of late term abortion shall be imprisoned at
21 hard labor for not less than one year nor more than fifteen years and shall be fined
22 not less than twenty thousand dollars nor more than two hundred up to fifty thousand
23 dollars.
24 * * *
25 Section 2. R.S. 40:1061(D) is hereby amended and reenacted to read as follows:
26 §1061. Abortion; prohibition
27 * * *
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HB NO. 522
1 D. Any person in violation of this Section shall be prosecuted pursuant to the
2 effective provisions of R.S. 14:87.7, and shall be subject to the penalties provided
3 in R.S. 40:1061.29.
4 * * *
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 522 Original 2023 Regular Session Freeman
Abstract: Redefines abortion, imposes fines in place of imprisonment when an abortion has
been performed, and reduces physician certification requirements for a determination
of medical futility.
Present law defines "abortion" as the performance of any act with the intent to terminate a
clinically diagnosable pregnancy with knowledge that the termination by those means will,
with reasonable likelihood, cause the death of the unborn child by one or more of the means
provided in present law.
Proposed law defines "abortion" as the performance of any act with the specific intent to
terminate a clinically diagnosable pregnancy and cause the death of the unborn child by one
or more of the means provided in present law.
Present law requires a medical judgment certified by two qualified physicians and recorded
in the woman's medical record in order to deem the removal of an unborn child medically
futile.
Proposed law changes the required number of qualified physicians necessary for a medically
futile diagnosis from two to one and otherwise retains present law.
Present law requires whoever commits the crime of abortion to be imprisoned at hard labor
for not less than one year nor more than 10 years and fined not less than $10,000 nor more
than $100,000.
Proposed law removes the imprisonment provision for the performance of an abortion and
changes the aforementioned amount to no more than $25,000.
Present law requires whoever commits the crime of late term abortion to be imprisoned at
hard labor for not less than one year nor more than 15 years. Present law also imposes a fine
of not less than $20,000 nor more than $200,000.
Proposed law removes the imprisonment provision for the performance of a late term
abortion and changes the aforementioned amount to no more than $50,000.
Present law imposes civil penalties for a violation of the abortion provisions in present law.
Proposed law removes the civil penalty provision.
(Amends R.S. 14:87.1(1)(a)(intro. para.) and (b)(vi), 87.7(C), and 87.8(B) and R.S.
40:1061(D))
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