Abortion; creating the Prenatal Equal Protection Act; modifying applicability of certain crimes and punishments. Emergency.
The act proposes significant changes to several existing provisions, particularly in 21 O.S. 2021, which includes criminal liabilities and defenses pertaining to assault and homicide where the victim is an unborn child. It also amends wrongful death statutes (12 O.S. 2021, Section 1053) to specify that parents or grandparents can pursue civil actions against abortion providers if the unborn child's death was a result of negligence or other infractions.
Senate Bill 402, known as the Prenatal Equal Protection Act, focuses on redefining legal protections for unborn children by amending existing Oklahoma laws. The bill aims to extend equal protection under the law to preborn persons similar to that of born persons. This includes modifying definitions in crimes and punishments to recognize unborn victims in cases of homicide and making certain conduct justifiable if it leads to the unwanted death of an unborn child under specific circumstances, such as lawful medical procedures.
There are significant points of contention surrounding SB402, particularly regarding its implications for women's rights and healthcare. Critics argue that the bill could diminish the autonomy of pregnant individuals by increasing the legal risks associated with abortion and stripping protections that allow for personal choice. Proponents, however, defend it as necessary for recognizing the rights of unborn children, claiming it aligns with constitutional protections. This divide highlights the ongoing debates about reproductive rights and the legal status of unborn life.