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))