2024 Regular Session ENROLLED
SENATE BILL NO. 276
BY SENATORS PRESSLY, ABRAHAM, ALLAIN, BARROW, BASS, CATHEY,
CLOUD, CONNICK, EDMONDS, FESI, HENRY, HODGES,
KLEINPETER, LAMBERT, MCMATH, MIGUEZ, MILLER, MIZELL,
MORRIS, REESE, SEABAUGH, STINE, TALBOT AND WOMACK
AND REPRESENTATIVES AMEDEE, BAMBURG, BAYHAM,
BERAULT, BUTLER, CHENEVERT, CREWS, DICKERSON, EGAN,
EMERSON, FIRMENT, GLORIOSO, HORTON, MACK, OWEN,
SCHAMERHORN, THOMPSON AND W YBLE
1 AN ACT
2 To amend and reenact R.S. 14:87.1(1)(a) and R.S. 40:969(C) and to enact R.S. 14:87.6.1,
3 R.S. 15:1352(A)(71), and R.S. 40:964(Schedule IV)(F), relative to abortion; to create
4 the crime of coerced criminal abortion by means of fraud; to provide relative to the
5 crime of criminal abortion by means of abortion-inducing drugs; to provide
6 penalties; to provide relative to the definition of crime racketeering activity; to add
7 certain substances to Schedule IV of the Uniform Controlled Dangerous Substances
8 Law; and to provide for related matters.
9 Be it enacted by the Legislature of Louisiana:
10 Section 1. R.S. 14:87.1(1)(a) is hereby amended and reenacted and R.S. 14:87.6.1
11 is hereby enacted to read as follows:
12 §87.1. Definitions
13 Wherever used in this Subpart, unless a different meaning clearly appears in
14 the context, the following terms, whether used in the singular or plural, shall have
15 the following meanings:
16 (1)(a) "Abortion" or "induced abortion" means the performance of any act
17 with the intent to terminate a clinically diagnosable pregnancy with knowledge that
18 the termination by those means will, with reasonable likelihood, cause the death of
19 the unborn child, whether or not the child survives, by one or more of the
20 following means:
21 * * *
22 §87.6.1. Coerced criminal abortion by means of fraud
23 A. Coerced criminal abortion by means of fraud is committed when a
ACT No. 246
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1 person knowingly and intentionally engages in the use of an abortion-inducing
2 drug on a pregnant woman, without her knowledge or consent, with the intent
3 to cause an abortion.
4 B.(1) Except as provided in Paragraph (2) of this Subsection, whoever
5 commits the crime of coerced criminal abortion by means of fraud shall be
6 imprisoned at hard labor for not less than five nor more than ten years, fined
7 not less than ten thousand nor more than seventy-five thousand dollars, or both.
8 (2) Whoever commits the crime of coerced criminal abortion by means
9 of fraud when the unborn child is more than three months of gestational age
10 shall be imprisoned at hard labor for not less than ten nor more than twenty
11 years, fined not less than fifty thousand nor more than one hundred thousand
12 dollars, or both.
13 C. The prosecution of a person pursuant to this Section shall not be a
14 defense against the prosecution under any other provision of law, including
15 murder or attempted murder, should the person commit the crime of coerced
16 criminal abortion by means of fraud and the use of an abortion-inducing drug
17 results in the death or serious bodily injury of the pregnant woman.
18 Section 2. R.S. 15:1352(A)(71) is hereby enacted to read as follows:
19 §1352. Definitions
20 A. As used in this Chapter, "racketeering activity" means committing,
21 attempting to commit, conspiring to commit, or soliciting, coercing, or intimidating
22 another person to commit any crime that is punishable under the following
23 provisions of Title 14 of the Louisiana Revised Statutes of 1950, the Uniform
24 Controlled Dangerous Substances Law, or the Louisiana Securities Law:
25 * * *
26 (71) R.S. 14:87.9 (Criminal abortion by means of abortion-inducing
27 drug)
28 * * *
29 Section 3. R.S.40:969(C) is hereby amended and reenacted and R.S. 40:964(Schedule
30 IV)(F) is hereby enacted to read as follows:
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1 §964. Composition of schedules
2 Schedules I, II, III, IV, and V shall, unless and until added pursuant to R.S.
3 40:962, consist of the following drugs or other substances, by whatever official
4 name, common or usual name, chemical name, or brand name designated:
5 * * *
6 SCHEDULE IV
7 * * *
8 F. Mifepristone, Misoprostol. Unless listed in another schedule, any
9 material, compound, mixture, or preparation containing any detectable
10 quantity of mifepristone or misoprostol.
11 * * *
12 §969. Prohibited acts--Schedule IV; penalties
13 * * *
14 C.(1) Possession. It is unlawful for any person knowingly or intentionally to
15 possess a controlled dangerous substance classified in Schedule IV unless such
16 substance was obtained directly or pursuant to a valid prescription or order from a
17 practitioner, or as provided in R.S. 40:978, while acting in the course of his
18 professional practice or except as otherwise authorized by this Part. Any person who
19 violates this Subsection with respect to:
20 (1)(a) Flunitrazepam shall be imprisoned, with or without hard labor, for not
21 less than one year nor more than ten years, and may, in addition, be required to pay
22 a fine of not more than five thousand dollars.
23 (2)(b) Any other controlled dangerous substance shall be imprisoned with or
24 without hard labor for not less than one year nor more than five years and, in
25 addition, may be required to pay a fine of not more than five thousand dollars.
26 (2) It shall not be a violation of this Subsection for a pregnant woman to
27 possess mifepristone or misoprostol for her own consumption.
28 * * *
29 Section 4. This Act shall become effective on October 1, 2024.
30 Section 5. This Act shall be cited and referred to as "The Catherine and Josephine
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1 Herring Act".
2 Section 6. The Board of Pharmacy is directed to notify all pharmacists in Louisiana
3 about the provisions of this law and that lawful prescriptions for mifepristone and
4 misoprostol may be filled in accordance with R.S. 14:87.9(C)(6).
5 Section 7. The Louisiana Department of Health is directed to notify all healthcare
6 practitioners and providers in Louisiana about the provisions of this law and that
7 mifepristone and misoprostol may be prescribed and administered in accordance with R.S.
8 14:87.9(C)(6).
9 Section 8. If any provision of this Act or the application thereof is held invalid, such
10 invalidity shall not affect other provisions or applications of this Act which can be given
11 effect without the invalid provisions or applications, and to this end the provisions of this
12 Act are hereby declared severable.
PRESIDENT OF THE SENATE
SPEAKER OF THE HOUSE OF REPRESENTATIVES
GOVERNOR OF THE STATE OF LOUISIANA
APPROVED:
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