HLS 23RS-545 ORIGINAL
2023 Regular Session
HOUSE BILL NO. 549
BY REPRESENTATIVE GLOVER
Prefiled pursuant to Article III, Section 2(A)(4)(b)(i) of the Constitution of Louisiana.
ABORTION: Provides relative to termination of pregnancy that is the result of certain sex
offenses
1 AN ACT
2To amend and reenact R.S. 40:1061(G) through (J) and to enact R.S. 14:87.1(1)(b)(vii) and
3 R.S. 40:1061(K), relative to abortion; to provide pregnancy termination as an
4 exception when certain sexual offenses have been committed; and to provide for
5 related matters.
6Be it enacted by the Legislature of Louisiana:
7 Section 1. R.S. 14:87.1(1)(b)(vii) is hereby enacted to read as follows:
8 §87.1. Definitions
9 Wherever used in this Subpart, unless a different meaning clearly appears in
10 the context, the following terms, whether used in the singular or plural, shall have
11 the following meanings:
12 (1)
13 * * *
14 (b) Abortion shall not mean any one or more of the following acts, if
15 performed by a physician:
16 * * *
17 (vii)(aa) The termination of a pregnancy that is the result of an act
18 constituting a sex offense as defined in R.S. 15:541(24) or a sexual offense against
19 a victim who is a minor as defined in R.S. 15:541(25).
20 (bb) This Item shall not be construed to require any of the following:
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HB NO. 549
1 (I) A police or investigatory report.
2 (II) Forensic evidence provided by the pregnant female.
3 (III) A prosecution of the alleged offense.
4 (cc) Notwithstanding any other provision of law to the contrary, nothing in
5 this Section shall be construed to negate or impair any provision of law relative to
6 the mandatory reporting of crimes against children under the age of eighteen years.
7 * * *
8 Section 2. R.S. 40:1061(G) through (J) are hereby amended and reenacted and R.S.
940:1061(K) is hereby enacted to read as follows:
10 §1061. Abortion; prohibition
11 * * *
12 G. It shall not be a violation of Subsection C of this Section to terminate a
13 pregnancy that is the result of an act constituting an offense as listed in R.S.
14 15:541(24) or (25).
15 (1) This Subsection shall not be construed to require any of the following:
16 (a) A police or investigatory report.
17 (b) Forensic evidence provided by the pregnant female.
18 (c) A prosecution of the alleged offense.
19 (2) Notwithstanding any other provision of law to the contrary, nothing in
20 this Subsection shall be construed to negate or impair any provision of law relative
21 to the mandatory reporting of crimes against children under the age of eighteen
22 years.
23 H. Medical treatment provided to the mother by a licensed physician which
24 results in the accidental or unintentional injury or death to the unborn child is not a
25 violation of Subsection C of this Section.
26 H. I. Nothing in this Section may be construed to subject the pregnant
27 mother upon whom any abortion is performed or attempted to any criminal
28 conviction and penalty.
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HB NO. 549
1 I. J. The terms as used in this Section have the same meaning as the
2 definitions provided in R.S. 14:87.1.
3 J. K. This Section shall be known, and may be cited, as the Human Life
4 Protection Act.
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 549 Original 2023 Regular Session Glover
Abstract: Adds rape and incest to the list of acts performed by a physician that shall not be
considered an abortion.
Present law defines "abortion" and provides a list of acts performed by a physician that shall
not, by definition, be considered acts of abortion.
Proposed law extends present law by providing that the termination of a pregnancy that is
the result of an act constituting a sex offense or a sexual offense against a victim who is a
minor as defined in present law shall not be considered an act of abortion.
Proposed law further provides that the provisions of proposed law shall not require any of
the following:
(1)A police or investigatory report.
(2)Forensic evidence provided by the pregnant female.
(3)A prosecution of the alleged offense.
Proposed law provides that nothing in proposed law shall be construed to negate or impair
any provision of present law relative to the mandatory reporting of crimes against children
under the age of 18 years.
(Amends R.S. 40:1061(G)-(J); Adds 14:87.1(1)(b)(vii) and R.S. 40:1061(K))
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CODING: Words in struck through type are deletions from existing law; words underscored
are additions.