EXPLANATION-Matter enclosed in bold-faced brackets [thus] in this bill is not enacted
and is intended to be omitted in the law.
FIRST REGULAR SESSION
SENATE BILL NO. 241
103RD GENERAL ASSEMBLY
INTRODUCED BY SENATOR WEBBER.
1316S.01I KRISTINA MARTIN, Secretary
AN ACT
To repeal sections 188.015, 188.017, 188.026, 188.027, 188.038, 188.052, 188.056, 188.057,
188.058, 188.080, and 188.375, RSMo, and to enact in lieu thereof four new sections
relating to abortion, with an emergency clause.
Be it enacted by the General Assembly of the State of Missouri, as follows:
Section A. Sections 188.015, 188.017, 188.026, 188.027, 1
188.038, 188.052, 188.056, 188.057, 188.058, 188.080, and 2
188.375, RSMo, are repealed and four new sections enacted in 3
lieu thereof, to be known as sections 188.015, 188.027, 188.052, 4
and 188.080, to read as follows:5
188.015. As used in this chapter, the followin g terms 1
mean: 2
(1) "Abortion": 3
(a) The act of using or prescribing any instrument, 4
device, medicine, drug, or any other means or substance with 5
the intent to destroy the life of an embryo or fetus in his 6
or her mother's womb; or 7
(b) The intentional termination of the pregnancy of a 8
mother by using or prescribing any instrument, device, 9
medicine, drug, or other means or substance with an 10
intention other than to increase the probability of a live 11
birth or to remove a dead unborn child ; 12
(2) "Abortion facility", a clinic, physician's office, 13
or any other place or facility in which abortions are 14
performed or induced other than a hospital; 15 SB 241 2
(3) "Affiliate", a person who or entity that enters 16
into, with an abortion facility, a legal relationship 17
created or governed by at least one written instrument, 18
including a certificate of formation, a franchise agreement, 19
standards of affiliation, bylaws, or a license, that 20
demonstrates: 21
(a) Common ownership, management, or contr ol between 22
the parties to the relationship; 23
(b) A franchise granted by the person or entity to the 24
affiliate; or 25
(c) The granting or extension of a license or other 26
agreement authorizing the affiliate to use the other 27
person's or entity's b rand name, trademark, service mark, or 28
other registered identification mark; 29
(4) "Conception", the fertilization of the ovum of a 30
female by a sperm of a male; 31
(5) "Department", the department of health and senior 32
services; 33
(6) ["Down Syndrome", the same meaning as defined in 34
section 191.923; 35
(7)] "Gestational age", length of pregnancy as 36
measured from the first day of the woman's last menstrual 37
period; 38
[(8)] (7) "Medical emergency", a condition which, 39
based on reasonable medical judgment, so complicates the 40
medical condition of a pregnant woman as to necessitate the 41
immediate abortion of her pregnancy to avert the death of 42
the pregnant woman or for which a delay will create a 43
serious risk of substantial and irreversib le physical 44
impairment of a major bodily function of the pregnant woman; 45 SB 241 3
[(9)] (8) "Physician", any person licensed to practice 46
medicine in this state by the state board of registration 47
for the healing arts; 48
[(10)] (9) "Reasonable medical ju dgment", a medical 49
judgment that would be made by a reasonably prudent 50
physician, knowledgeable about the case and the treatment 51
possibilities with respect to the medical conditions 52
involved; 53
[(11)] (10) "Unborn child", the offspring of human 54
beings from the moment of conception until birth and at 55
every stage of its biological development, including the 56
human conceptus, zygote, morula, blastocyst, embryo, and 57
fetus; 58
[(12)] (11) "Viability" or "viable", that stage of 59
fetal development wh en the life of the unborn child may be 60
continued indefinitely outside the womb by natural or 61
artificial life-supportive systems; 62
[(13)] (12) "Viable pregnancy" or "viable intrauterine 63
pregnancy", in the first trimester of pregnancy, an 64
intrauterine pregnancy that can potentially result in a 65
liveborn baby. 66
188.027. 1. Except in cases of medical emergency, no 1
abortion shall be performed or induced on a woman without 2
her voluntary and informed consent, given freely and without 3
coercion. Consent to an abortion is voluntary and informed 4
and given freely and without coercion if, and only if, at 5
least seventy-two hours prior to the abortion: 6
(1) The physician who is to perform or induce the 7
abortion, a qualified professi onal, or the referring 8
physician has informed the woman orally, reduced to writing, 9
and in person, of the following: 10 SB 241 4
(a) The name of the physician who will perform or 11
induce the abortion; 12
(b) Medically accurate information that a reasonable 13
patient would consider material to the decision of whether 14
or not to undergo the abortion, including: 15
a. A description of the proposed abortion method; 16
b. The immediate and long -term medical risks to the 17
woman associated with the proposed ab ortion method 18
including, but not limited to, infection, hemorrhage, 19
cervical tear or uterine perforation, harm to subsequent 20
pregnancies or the ability to carry a subsequent child to 21
term, and possible adverse psychological effects associated 22
with the abortion; and 23
c. The immediate and long -term medical risks to the 24
woman, in light of the anesthesia and medication that is to 25
be administered, the unborn child's gestational age, and the 26
woman's medical history and medical condition; 27
(c) Alternatives to the abortion which shall include 28
making the woman aware that information and materials shall 29
be provided to her detailing such alternatives to the 30
abortion; 31
(d) A statement that the physician performing or 32
inducing the abortion is a vailable for any questions 33
concerning the abortion, together with the telephone number 34
that the physician may be later reached to answer any 35
questions that the woman may have; 36
(e) [The location of the hospital that offers 37
obstetrical or gynecolog ical care located within thirty 38
miles of the location where the abortion is performed or 39
induced and at which the physician performing or inducing 40
the abortion has clinical privileges and where the woman may 41 SB 241 5
receive follow-up care by the physician if c omplications 42
arise; 43
(f)] The gestational age of the unborn child at the 44
time the abortion is to be performed or induced; and 45
[(g)] (f) The anatomical and physiological 46
characteristics of the unborn child at the time the abortion 47
is to be performed or induced; 48
(2) The physician who is to perform or induce the 49
abortion or a qualified professional has presented the 50
woman, in person, printed materials provided by the 51
department, which describe the probable anatomical and 52
physiological characteristics of the unborn child at two - 53
week gestational increments from conception to full term, 54
including color photographs or images of the developing 55
unborn child at two-week gestational increments. Such 56
descriptions shall include information a bout brain and heart 57
functions, the presence of external members and internal 58
organs during the applicable stages of development and 59
information on when the unborn child is viable. The printed 60
materials shall prominently display the following 61
statement: "The life of each human being begins at 62
conception. Abortion will terminate the life of a separate, 63
unique, living human being."; 64
(3) The physician who is to perform or induce the 65
abortion, a qualified professional, or the referring 66
physician has presented the woman, in person, printed 67
materials provided by the department, which describe the 68
various surgical and drug -induced methods of abortion 69
relevant to the stage of pregnancy, as well as the immediate 70
and long-term medical risks commo nly associated with each 71
abortion method including, but not limited to, infection, 72
hemorrhage, cervical tear or uterine perforation, harm to 73 SB 241 6
subsequent pregnancies or the ability to carry a subsequent 74
child to term, and the possible adverse psychologic al 75
effects associated with an abortion; 76
(4) The physician who is to perform or induce the 77
abortion or a qualified professional shall provide the woman 78
with the opportunity to view at least seventy -two hours 79
prior to the abortion an active ultraso und of the unborn 80
child and hear the heartbeat of the unborn child if the 81
heartbeat is audible. The woman shall be provided with a 82
geographically indexed list maintained by the department of 83
health care providers, facilities, and clinics that perform 84
ultrasounds, including those that offer ultrasound services 85
free of charge. Such materials shall provide contact 86
information for each provider, facility, or clinic including 87
telephone numbers and, if available, website addresses. 88
Should the woman decide to obtain an ultrasound from a 89
provider, facility, or clinic other than the abortion 90
facility, the woman shall be offered a reasonable time to 91
obtain the ultrasound examination before the date and time 92
set for performing or inducing an abortion. The person 93
conducting the ultrasound shall ensure that the active 94
ultrasound image is of a quality consistent with standard 95
medical practice in the community, contains the dimensions 96
of the unborn child, and accurately portrays the presence of 97
external members and internal organs, if present or 98
viewable, of the unborn child. The auscultation of fetal 99
heart tone must also be of a quality consistent with 100
standard medical practice in the community. If the woman 101
chooses to view the ultrasound or hear the heartbeat or both 102
at the abortion facility, the viewing or hearing or both 103
shall be provided to her at the abortion facility at least 104 SB 241 7
seventy-two hours prior to the abortion being performed or 105
induced; 106
(5) The printed materials provided by t he department 107
shall include information on the possibility of an abortion 108
causing pain in the unborn child. This information shall 109
include, but need not be limited to, the following: 110
(a) Unborn children as early as eight weeks 111
gestational age start to show spontaneous movements and 112
unborn children at this stage in pregnancy show reflex 113
responses to touch; 114
(b) In the unborn child, the area around his or her 115
mouth and lips is the first part of the unborn child's body 116
to respond to touch a nd by fourteen weeks gestational age 117
most of the unborn child's body is responsive to touch; 118
(c) Pain receptors on the unborn child's skin develop 119
around his or her mouth at around seven to eight weeks 120
gestational age, around the palms of his or h er hands at ten 121
to ten and a half weeks, on the abdominal wall at fifteen 122
weeks, and over all of his or her body at sixteen weeks 123
gestational age; 124
(d) Beginning at sixteen weeks gestational age and 125
later, it is possible for pain to be transmitted from 126
receptors to the cortex of the unborn child's brain, where 127
thinking and perceiving occur; 128
(e) When a physician performs a life -saving surgery, 129
he or she provides anesthesia to unborn children as young as 130
sixteen weeks gestational age in ord er to alleviate the 131
unborn child's pain; and 132
(f) A description of the actual steps in the abortion 133
procedure to be performed or induced and at which steps the 134
abortion procedure could be painful to the unborn child; 135 SB 241 8
(6) The physician who is to perform or induce the 136
abortion or a qualified professional has presented the 137
woman, in person, printed materials provided by the 138
department explaining to the woman alternatives to abortion 139
she may wish to consider. Such materials shall: 140
(a) Identify on a geographical basis public and 141
private agencies available to assist a woman in carrying her 142
unborn child to term, and to assist her in caring for her 143
dependent child or placing her child for adoption, including 144
agencies commonly known and g enerally referred to as 145
pregnancy resource centers, crisis pregnancy centers, 146
maternity homes, and adoption agencies. Such materials 147
shall provide a comprehensive list by geographical area of 148
the agencies, a description of the services they offer, and 149
the telephone numbers and addresses of the agencies; 150
provided that such materials shall not include any programs, 151
services, organizations, or affiliates of organizations that 152
perform or induce, or assist in the performing or inducing 153
of, abortions or that refer for abortions; 154
(b) Explain the Missouri alternatives to abortion 155
services program under section 188.325, and any other 156
programs and services available to pregnant women and 157
mothers of newborn children offered by public or private 158
agencies which assist a woman in carrying her unborn child 159
to term and assist her in caring for her dependent child or 160
placing her child for adoption, including but not limited to 161
prenatal care; maternal health care; newborn or infant care; 162
mental health services; professional counseling services; 163
housing programs; utility assistance; transportation 164
services; food, clothing, and supplies related to pregnancy; 165
parenting skills; educational programs; job training and 166 SB 241 9
placement services; drug and alcohol t esting and treatment; 167
and adoption assistance; 168
(c) Identify the state website for the Missouri 169
alternatives to abortion services program under section 170
188.325, and any toll -free number established by the state 171
operated in conjunction with the pro gram; 172
(d) Prominently display the statement: "There are 173
public and private agencies willing and able to help you 174
carry your child to term, and to assist you and your child 175
after your child is born, whether you choose to keep your 176
child or place him or her for adoption. The state of 177
Missouri encourages you to contact those agencies before 178
making a final decision about abortion. State law requires 179
that your physician or a qualified professional give you the 180
opportunity to call agencies like t hese before you undergo 181
an abortion."; 182
(7) The physician who is to perform or induce the 183
abortion or a qualified professional has presented the 184
woman, in person, printed materials provided by the 185
department explaining that the father of the unbor n child is 186
liable to assist in the support of the child, even in 187
instances where he has offered to pay for the abortion. 188
Such materials shall include information on the legal duties 189
and support obligations of the father of a child, including, 190
but not limited to, child support payments, and the fact 191
that paternity may be established by the father's name on a 192
birth certificate or statement of paternity, or by court 193
action. Such printed materials shall also state that more 194
information concerning pat ernity establishment and child 195
support services and enforcement may be obtained by calling 196
the family support division within the Missouri department 197
of social services; and 198 SB 241 10
(8) The physician who is to perform or induce the 199
abortion or a qualifie d professional shall inform the woman 200
that she is free to withhold or withdraw her consent to the 201
abortion at any time without affecting her right to future 202
care or treatment and without the loss of any state or 203
federally funded benefits to which she m ight otherwise be 204
entitled. 205
2. All information required to be provided to a woman 206
considering abortion by subsection 1 of this section shall 207
be presented to the woman individually, in the physical 208
presence of the woman and in a private room, to p rotect her 209
privacy, to maintain the confidentiality of her decision, to 210
ensure that the information focuses on her individual 211
circumstances, to ensure she has an adequate opportunity to 212
ask questions, and to ensure that she is not a victim of 213
coerced abortion. Should a woman be unable to read 214
materials provided to her, they shall be read to her. 215
Should a woman need an interpreter to understand the 216
information presented in the written materials, an 217
interpreter shall be provided to her. Should a woman ask 218
questions concerning any of the information or materials, 219
answers shall be provided in a language she can understand. 220
3. No abortion shall be performed or induced unless 221
and until the woman upon whom the abortion is to be 222
performed or induced certifies in writing on a checklist 223
form provided by the department that she has been presented 224
all the information required in subsection 1 of this 225
section, that she has been provided the opportunity to view 226
an active ultrasound image of the unb orn child and hear the 227
heartbeat of the unborn child if it is audible, and that she 228
further certifies that she gives her voluntary and informed 229 SB 241 11
consent, freely and without coercion, to the abortion 230
procedure. 231
4. No physician shall perform or indu ce an abortion 232
unless and until the physician has obtained from the woman 233
her voluntary and informed consent given freely and without 234
coercion. If the physician has reason to believe that the 235
woman is being coerced into having an abortion, the 236
physician or qualified professional shall inform the woman 237
that services are available for her and shall provide her 238
with private access to a telephone and information about 239
such services, including but not limited to the following: 240
(1) Rape crisis centers, as defined in section 455.003; 241
(2) Shelters for victims of domestic violence, as 242
defined in section 455.200; and 243
(3) Orders of protection, pursuant to chapter 455. 244
5. The physician who is to perform or induce the 245
abortion shall, at least seventy-two hours prior to such 246
procedure, inform the woman orally and in person of: 247
(1) The immediate and long -term medical risks to the 248
woman associated with the proposed abortion method 249
including, but not limited to, infection, hemorrhag e, 250
cervical tear or uterine perforation, harm to subsequent 251
pregnancies or the ability to carry a subsequent child to 252
term, and possible adverse psychological effects associated 253
with the abortion; and 254
(2) The immediate and long -term medical risks to the 255
woman, in light of the anesthesia and medication that is to 256
be administered, the unborn child's gestational age, and the 257
woman's medical history and medical conditions. 258
6. No physician shall perform or induce an abortion 259
unless and until the physician has received and signed a 260
copy of the form prescribed in subsection 3 of this 261 SB 241 12
section. The physician shall retain a copy of the form in 262
the patient's medical record. 263
7. In the event of a medical emergency, the physician 264
who performed or induced the abortion shall clearly certify 265
in writing the nature and circumstances of the medical 266
emergency. This certification shall be signed by the 267
physician who performed or induced the abortion, and shall 268
be maintained under section 188.060 . 269
8. No person or entity shall require, obtain, or 270
accept payment for an abortion from or on behalf of a 271
patient until at least seventy -two hours have passed since 272
the time that the information required by subsection 1 of 273
this section has been pr ovided to the patient. Nothing in 274
this subsection shall prohibit a person or entity from 275
notifying the patient that payment for the abortion will be 276
required after the seventy -two-hour period has expired if 277
she voluntarily chooses to have the abortion . 278
9. The term "qualified professional" as used in this 279
section shall refer to a physician, physician assistant, 280
registered nurse, licensed practical nurse, psychologist, 281
licensed professional counselor, or licensed social worker, 282
licensed or registered under chapter 334, 335, or 337, 283
acting under the supervision of the physician performing or 284
inducing the abortion, and acting within the course and 285
scope of his or her authority provided by law. The 286
provisions of this section shall not be const rued to in any 287
way expand the authority otherwise provided by law relating 288
to the licensure, registration, or scope of practice of any 289
such qualified professional. 290
10. By November 30, 2010, the department shall produce 291
the written materials and f orms described in this section. 292
Any written materials produced shall be printed in a 293 SB 241 13
typeface large enough to be clearly legible. All 294
information shall be presented in an objective, unbiased 295
manner designed to convey only accurate scientific and 296
medical information. The department shall furnish the 297
written materials and forms at no cost and in sufficient 298
quantity to any person who performs or induces abortions, or 299
to any hospital or facility that provides abortions. The 300
department shall make al l information required by subsection 301
1 of this section available to the public through its 302
department website. The department shall maintain a toll - 303
free, twenty-four-hour hotline telephone number where a 304
caller can obtain information on a regional bas is concerning 305
the agencies and services described in subsection 1 of this 306
section. No identifying information regarding persons who 307
use the website shall be collected or maintained. The 308
department shall monitor the website on a regular basis to 309
prevent tampering and correct any operational deficiencies. 310
11. In order to preserve the compelling interest of 311
the state to ensure that the choice to consent to an 312
abortion is voluntary and informed, and given freely and 313
without coercion, the departm ent shall use the procedures 314
for adoption of emergency rules under section 536.025 in 315
order to promulgate all necessary rules, forms, and other 316
necessary material to implement this section by November 30, 317
2010. 318
12. If the provisions in subsection s 1 and 8 of this 319
section requiring a seventy -two-hour waiting period for an 320
abortion are ever temporarily or permanently restrained or 321
enjoined by judicial order, then the waiting period for an 322
abortion shall be twenty -four hours; provided, however, t hat 323
if such temporary or permanent restraining order or 324
injunction is stayed or dissolved, or otherwise ceases to 325 SB 241 14
have effect, the waiting period for an abortion shall be 326
seventy-two hours. 327
188.052. 1. An individual abortion report for each 1
abortion performed or induced upon a woman shall be 2
completed by the physician who performed or induced the 3
abortion. [Abortion reports shall include, but not be 4
limited to, a certification that the physician does not have 5
any knowledge that the woman sought the abortion solely 6
because of a prenatal diagnosis, test, or screening 7
indicating Down Syndrome or the potential of Down Syndrome 8
in the unborn child and a certification that the physician 9
does not have any knowledge that the woman sought the 10
abortion solely because of the sex or race of the unborn 11
child.] 12
2. An individual complication report for any post - 13
abortion care performed upon a woman shall be completed by 14
the physician providing such post -abortion care. This 15
report shall include: 16
(1) The date of the abortion; 17
(2) The name and address of the abortion facility or 18
hospital where the abortion was performed or induced; 19
(3) The nature of the abortion complication diagnosed 20
or treated. 21
3. All abortion reports shall be signed by the 22
attending physician who performed or induced the abortion 23
and submitted to the department within forty -five days from 24
the date of the abortion. All complication reports shall be 25
signed by the physician providing th e post-abortion care and 26
submitted to the department within forty -five days from the 27
date of the post-abortion care. 28
4. A copy of the abortion report shall be made a part 29
of the medical record of the patient of the abortion 30 SB 241 15
facility or hospital i n which the abortion was performed or 31
induced. 32
5. The department shall be responsible for collecting 33
all abortion reports and complication reports and collating 34
and evaluating all data gathered therefrom and shall 35
annually publish a statistical r eport based on such data 36
from abortions performed or induced in the previous calendar 37
year. 38
188.080. Any person who is not a physician who 1
performs or induces or attempts to perform or induce an 2
abortion on another is guilty of a cl ass B felony, and, upon 3
conviction, shall be punished as provided by law. [Any 4
physician performing or inducing an abortion who does not 5
have clinical privileges at a hospital which offers 6
obstetrical or gynecological care located within thirty 7
miles of the location at which the abortion is performed or 8
induced shall be guilty of a class A misdemeanor, and, upon 9
conviction shall be punished as provided by law. ] 10
[188.017. 1. This section shall be known 1
and may be cited as the "R ight to Life of the 2
Unborn Child Act". 3
2. Notwithstanding any other provision of 4
law to the contrary, no abortion shall be 5
performed or induced upon a woman, except in 6
cases of medical emergency. Any person who 7
knowingly performs or induces an abortion of an 8
unborn child in violation of this subsection 9
shall be guilty of a class B felony, as well as 10
subject to suspension or revocation of his or 11
her professional license by his or her 12
professional licensing board. A woman upon whom 13
an abortion is performed or induced in violation 14
of this subsection shall not be prosecuted for a 15
conspiracy to violate the provisions of this 16
subsection. 17
3. It shall be an affirmative defense for 18
any person alleged to have violated the 19 SB 241 16
provisions of subsection 2 of this section that 20
the person performed or induced an abortion 21
because of a medical emergency. The defendant 22
shall have the burden of persuasion that the 23
defense is more probably true than not. 24
4. The enactment of this section shall 25
only become effective upon notification to the 26
revisor of statutes by an opinion by the 27
attorney general of Missouri, a proclamation by 28
the governor of Missouri, or the adoption of a 29
concurrent resolution by the Missouri general 30
assembly that: 31
(1) The United States Supreme Court has 32
overruled, in whole or in part, Roe v. Wade, 410 33
U.S. 113 (1973), restoring or granting to the 34
state of Missouri the authority to regulate 35
abortion to the extent set forth in this 36
section, and that as a result, it is reasonably 37
probable that this section would be upheld by 38
the court as constitutional; 39
(2) An amendment to the Constitution of 40
the United States has been adopted that has the 41
effect of restoring or granting to the state of 42
Missouri the authority to regulate abortion to 43
the extent set forth in this section; or 44
(3) The United States Congress has enacted 45
a law that has the effect of restoring or 46
granting to the state of Missouri the authority 47
to regulate abortion to the extent set fo rth in 48
this section.] 49
[188.026. 1. This section and sections 1
188.056, 188.057, and 188.058 shall be known and 2
may be cited as the "Missouri Stands for the 3
Unborn Act". 4
2. In Roe v. Wade, 410 U.S. 113 (1973), 5
certain information about the development of the 6
unborn child, human pregnancy, and the effects 7
of abortion was either not part of the record or 8
was not available at the time. Since 1973, 9
advances in medical and scientific technology 10
have greatly expanded our knowle dge of prenatal 11
life and the effects of abortion on women. The 12
general assembly of this state finds: 13 SB 241 17
(1) At conception, a new genetically 14
distinct human being is formed; 15
(2) The fact that the life of an 16
individual human being begins at con ception has 17
long been recognized in Missouri law: "[T]he 18
child is, in truth, alive from the moment of 19
conception". State v. Emerich, 13 Mo. App. 492, 20
495 (1883), affirmed, 87 Mo. 110 (1885). Under 21
section 1.205, the general assembly has 22
recognized that the life of each human being 23
begins at conception and that unborn children 24
have protectable interests in life, health, and 25
well-being; 26
(3) The first prohibition of abortion in 27
Missouri was enacted in 1825. Since then, the 28
repeal and reenactment of prohibitions of 29
abortion have made distinctions with respect to 30
penalties for performing or inducing abortion on 31
the basis of "quickening"; however, the unborn 32
child was still protected from conception onward; 33
(4) In ruling that Missouri 's prohibition 34
on abortion was constitutional in 1972, the 35
Missouri supreme court accepted as a stipulation 36
of the parties that "'[i]nfant Doe, Intervenor 37
Defendant in this case, and all other unborn 38
children have all the qualities and attributes 39
of adult human persons differing only in age or 40
maturity. Medically, human life is a continuum 41
from conception to death.'" Rodgers v. Danforth, 42
486 S.W.2d 258, 259 (1972); 43
(5) In Webster v. Reproductive Health 44
Services, 492 U.S. 490 (1989), the Sup reme 45
Court, while considering the "preamble" that set 46
forth "findings" in section 1.205, stated: "We 47
think the extent to which the preamble's 48
language might be used to interpret other state 49
statutes or regulations is something that only 50
the courts of Missouri can definitively decide. 51
State law has offered protections to unborn 52
children in tort and probate law". Id. at 506. 53
Since Webster, Missouri courts have construed 54
section 1.205 and have consistently found that 55
an unborn child is a person f or purposes of 56
Missouri's homicide and assault laws when the 57 SB 241 18
unborn child's mother was killed or assaulted by 58
another person. Section 1.205 has even been 59
found applicable to the manslaughter of an 60
unborn child who was eight weeks gestational age 61
or earlier. State v. Harrison, 390 S.W.3d 927 62
(Mo. Ct. App. 2013); 63
(6) In medicine, a special emphasis is 64
placed on the heartbeat. The heartbeat is a 65
discernible sign of life at every stage of human 66
existence. During the fifth week of gestational 67
age, an unborn child's heart begins to beat and 68
blood flow begins during the sixth week; 69
(7) Depending on the ultrasound equipment 70
being used, the unborn child's heartbeat can be 71
visually detected as early as six to eight weeks 72
gestational age. By about twelve weeks 73
gestational age, the unborn child's heartbeat 74
can consistently be made audible through the use 75
of a handheld Doppler fetal heart rate device; 76
(8) Confirmation of a pregnancy can be 77
indicated through the detection of the un born 78
child's heartbeat, while the absence of a 79
heartbeat can be an indicator of the death of 80
the unborn child if the child has reached the 81
point of development when a heartbeat should be 82
detectable; 83
(9) Heart rate monitoring during pregnancy 84
and labor is utilized to measure the heart rate 85
and rhythm of the unborn child, at an average 86
rate between one hundred ten and one hundred 87
sixty beats per minute, and helps determine the 88
health of the unborn child; 89
(10) The Supreme Court in Roe dis cussed 90
"the difficult question of when life begins" and 91
wrote: "[p]hysicians and their scientific 92
colleagues have regarded [quickening] with less 93
interest and have tended to focus either upon 94
conception, upon live birth, or upon the interim 95
point at which the fetus becomes 'viable', that 96
is, potentially able to live outside the 97
mother's womb, albeit with artificial aid". 98
Roe, 410 U.S. at 160. Today, however, 99
physicians' and scientists' interests on life in 100
the womb also focus on other markers o f 101 SB 241 19
development in the unborn child, including, but 102
not limited to, presence of a heartbeat, brain 103
development, a viable pregnancy or viable 104
intrauterine pregnancy during the first 105
trimester of pregnancy, and the ability to 106
experience pain; 107
(11) In Planned Parenthood of Central 108
Missouri v. Danforth, 428 U.S. 52 (1976), the 109
Supreme Court noted that "we recognized in Roe 110
that viability was a matter of medical judgment, 111
skill, and technical ability, and we preserved 112
the flexibility of the term". Id. at 64. Due to 113
advances in medical technology and diagnoses, 114
present-day physicians and scientists now 115
describe the viability of an unborn child in an 116
additional manner, by determining whether there 117
is a viable pregnancy or viable intrauterine 118
pregnancy during the first trimester of 119
pregnancy; 120
(12) While the overall risk of miscarriage 121
after clinical recognition of pregnancy is 122
twelve to fifteen percent, the incidence 123
decreases significantly if cardiac activity in 124
the unborn child has been confirmed. The 125
detection of a heartbeat in an unborn child is a 126
reliable indicator of a viable pregnancy and 127
that the unborn child will likely survive to 128
birth, especially if presenting for a prenatal 129
visit at eight weeks gestational age or late r. 130
For asymptomatic women attending a first 131
prenatal visit between six and eleven weeks 132
gestational age where a heartbeat was confirmed 133
through an ultrasound, the subsequent risk of 134
miscarriage is one and six -tenths percent. 135
Although the risk is hi gher at six weeks 136
gestational age at nine and four -tenths percent, 137
it declines rapidly to one and five -tenths 138
percent at eight weeks gestational age, and less 139
than one percent at nine weeks gestational age 140
or later; 141
(13) The presence of a heartb eat in an 142
unborn child represents a more definable point 143
of ascertaining survivability than the ambiguous 144
concept of viability that has been adopted by 145 SB 241 20
the Supreme Court, especially since if a 146
heartbeat is detected at eight weeks gestational 147
age or later in a normal pregnancy, there is 148
likely to be a viable pregnancy and there is a 149
high probability that the unborn child will 150
survive to birth; 151
(14) The placenta begins developing during 152
the early first trimester of pregnancy and 153
performs a respiratory function by making oxygen 154
supply to and carbon dioxide removal from the 155
unborn child possible later in the first 156
trimester and throughout the second and third 157
trimesters of pregnancy; 158
(15) By the fifth week of gestation, the 159
development of the brain of the unborn child is 160
underway. Brain waves have been measured and 161
recorded as early as the eighth week of 162
gestational age in children who were removed 163
during an ectopic pregnancy or hysterectomy. 164
Fetal magnetic resonance imaging (MR I) of an 165
unborn child's brain is used during the second 166
and third trimesters of pregnancy and brain 167
activity has been observed using MRI; 168
(16) Missouri law identifies the presence 169
of circulation, respiration, and brain function 170
as indicia of life under section 194.005, as the 171
presence of circulation, respiration, and brain 172
function indicates that such person is not 173
legally dead, but is legally alive; 174
(17) Unborn children at eight weeks 175
gestational age show spontaneous movements, such 176
as a twitching of the trunk and developing 177
limbs. It has been reported that unborn 178
children at this stage show reflex responses to 179
touch. The perioral area is the first part of 180
the unborn child's body to respond to touch at 181
about eight weeks gestatio nal age and by 182
fourteen weeks gestational age most of the 183
unborn child's body is responsive to touch; 184
(18) Peripheral cutaneous sensory 185
receptors, the receptors that feel pain, develop 186
early in the unborn child. They appear in the 187
perioral cutaneous area at around seven to eight 188
weeks gestational age, in the palmar regions at 189 SB 241 21
ten to ten and a half weeks gestational age, the 190
abdominal wall at fifteen weeks gestational age, 191
and over all of the unborn child's body at 192
sixteen weeks gestational age; 193
(19) Substance P, a peptide that functions 194
as a neurotransmitter, especially in the 195
transmission of pain, is present in the dorsal 196
horn of the spinal cord of the unborn child at 197
eight to ten weeks gestational age. 198
Enkephalins, peptides tha t play a role in 199
neurotransmission and pain modulation, are 200
present in the dorsal horn at twelve to fourteen 201
weeks gestational age; 202
(20) When intrauterine needling is 203
performed on an unborn child at sixteen weeks 204
gestational age or later, the re action to this 205
invasive stimulus is blood flow redistribution 206
to the brain. Increased blood flow to the brain 207
is the same type of stress response seen in a 208
born child and an adult; 209
(21) By sixteen weeks gestational age, 210
pain transmission from a peripheral receptor to 211
the cortex is possible in the unborn child; 212
(22) Physicians provide anesthesia during 213
in utero treatment of unborn children as early 214
as sixteen weeks gestational age for certain 215
procedures, including those to correct fetal 216
urinary tract obstruction. Anesthesia is 217
administered by ultrasound -guided injection into 218
the arm or leg of the unborn child; 219
(23) A leading textbook on prenatal 220
development of the human brain states, "It may 221
be concluded that, although nocipe rception (the 222
actual perception of pain) awaits the appearance 223
of consciousness, nociception (the experience of 224
pain) is present some time before birth. In the 225
absence of disproof, it is merely prudent to 226
assume that pain can be experienced even earl y 227
in prenatal life (Dr. J. Wisser, Zürich): the 228
fetus should be given the benefit of the 229
doubt". Ronan O'Rahilly & Fabiola Müller. The 230
Embryonic Human Brain: An Atlas of 231
Developmental Stages (3d ed. 2005); 232 SB 241 22
(24) By fourteen or fifteen weeks 233
gestational age or later, the predominant 234
abortion method in Missouri is dilation and 235
evacuation (D&E). The D&E abortion method 236
includes the dismemberment, disarticulation, and 237
exsanguination of the unborn child, causing the 238
unborn child's death; 239
(25) The Supreme Court acknowledged in 240
Gonzales v. Carhart, 550 U.S. 124, 160 (2007), 241
that "the standard D&E is in some respects as 242
brutal, if not more, than the intact D&E" 243
partial birth abortion method banned by Congress 244
and upheld as facially con stitutional by the 245
Supreme Court, even though the federal ban was 246
applicable both before and after viability and 247
had no exception for the health of the mother; 248
(26) Missouri's ban on the partial birth 249
abortion method, section 565.300, is in effec t 250
because of Gonzales v. Carhart and the Supreme 251
Court's subsequent decision in Nixon v. 252
Reproductive Health Services of Planned 253
Parenthood of the St. Louis Region, Inc., 550 254
U.S. 901 (2007), to vacate and remand to the 255
appellate court the prior inva lidation of 256
section 565.300. Since section 565.300, like 257
Congress' ban on partial birth abortion, is 258
applicable both before and after viability, 259
there is ample precedent for the general 260
assembly to constitutionally prohibit the brutal 261
D&E abortion method at fourteen weeks 262
gestational age or later, even before the unborn 263
child is viable, with a medical emergency 264
exception; 265
(27) In Roper v. Simmons, 543 U.S. 551 266
(2005), the Supreme Court determined that 267
"evolving standards of decency" dictat ed that a 268
Missouri statute allowing the death penalty for 269
a conviction of murder in the first degree for a 270
person under eighteen years of age when the 271
crime was committed was unconstitutional under 272
the Eighth and Fourteenth Amendments to the 273
United States Constitution because it violated 274
the prohibition against "cruel and unusual 275
punishments"; 276 SB 241 23
(28) In Bucklew v. Precythe, 139 S. Ct. 277
1112, 1123 (2019), the Supreme Court noted that 278
"'[d]isgusting' practices" like disemboweling 279
and quartering "readily qualified as 'cruel and 280
unusual', as a reader at the time of the Eighth 281
Amendment's adoption would have understood those 282
words"; 283
(29) Evolving standards of decency dictate 284
that Missouri should prohibit the brutal and 285
painful D&E abortion method at fourteen weeks 286
gestational age or later, with a medical 287
emergency exception, because if a comparable 288
method of killing was used on: 289
(a) A person convicted of murder in the 290
first degree, it would be cruel and unusual 291
punishment; or 292
(b) An animal, it would be unlawful under 293
state law because it would not be a humane 294
method, humane euthanasia, or humane killing of 295
certain animals under chapters 273 and 578; 296
(30) In Roper, the Supreme Court also 297
found that "[i]t is proper that we acknowledge 298
the overwhelming weight of international opinion 299
against the juvenile death penalty.... The 300
opinion of the world community, while not 301
controlling our outcome, does provide respected 302
and significant confirmation for our own 303
conclusions". Roper, 543 U.S. at 578. In its 304
opinion, the Supreme Court was instructed by 305
"international covenants prohibiting the 306
juvenile death penalty", such as the 307
International Covenant on Civil and Political 308
Rights, 999 U.N.T.S. 171. Id. at 577; 309
(31) The opinion of the world community, 310
reflected in the laws of the United Nation's 193 - 311
member states and six other entities, is that in 312
most countries, most abortions are prohibited 313
after twelve weeks gestational age or later; 314
(32) The opinion of the world community is 315
also shared by most Americans, who believe that 316
most abortions in the second and third 317
trimesters of pregnancy should be illegal, based 318
on polling that has remained consistent since 319
1996; 320 SB 241 24
(33) Abortion procedures pe rformed later 321
in pregnancy have a higher medical risk for 322
women. Compared to an abortion at eight weeks 323
gestational age or earlier, the relative risk 324
increases exponentially at later gestational 325
ages. The relative risk of death for a pregnant 326
woman who had an abortion performed or induced 327
upon her at: 328
(a) Eleven to twelve weeks gestational age 329
is between three and four times higher than an 330
abortion at eight weeks gestational age or 331
earlier; 332
(b) Thirteen to fifteen weeks gestational 333
age is almost fifteen times higher than an 334
abortion at eight weeks gestational age or 335
earlier; 336
(c) Sixteen to twenty weeks gestational 337
age is almost thirty times higher than an 338
abortion at eight weeks gestational age or 339
earlier; and 340
(d) Twenty-one weeks gestational age or 341
later is more than seventy -five times higher 342
than an abortion at eight weeks gestational age 343
or earlier; 344
(34) In addition to the short -term risks 345
of an abortion, studies have found that the long - 346
term physical and psychological consequences of 347
abortion for women include, but are not limited 348
to, an increased risk of preterm birth, low 349
birthweight babies, and placenta previa in 350
subsequent pregnancies, as well as serious 351
behavioral health issues. These risks increase 352
as abortions are performed or induced at later 353
gestational ages. These consequences of an 354
abortion have a detrimental effect not only on 355
women, their children, and their families, but 356
also on an already burdened health care system, 357
taxpayers, and the workforce; 358
(35) A large percentage of women who have 359
an abortion performed or induced upon them in 360
Missouri each year are at less than eight weeks 361
gestational age, a large majority are at less 362
than fourteen weeks gestational age, a large r 363
majority are at less than eighteen weeks 364 SB 241 25
gestational age, and an even larger majority are 365
at less than twenty weeks gestational age. A 366
prohibition on performing or inducing an 367
abortion at eight weeks gestational age or 368
later, with a medical emerge ncy exception, does 369
not amount to a substantial obstacle to a large 370
fraction of women for whom the prohibition is 371
relevant, which is pregnant women in Missouri 372
who are seeking an abortion while not 373
experiencing a medical emergency. The burden 374
that a prohibition on performing or inducing an 375
abortion at eight, fourteen, eighteen, or twenty 376
weeks gestational age or later, with a medical 377
emergency exception, might impose on abortion 378
access, is outweighed by the benefits conferred 379
upon the following: 380
(a) Women more advanced in pregnancy who 381
are at greater risk of harm from abortion; 382
(b) Unborn children at later stages of 383
development; 384
(c) The medical profession, by preserving 385
its integrity and fulfilling its commitment to 386
do no harm; and 387
(d) Society, by fostering respect for 388
human life, born and unborn, at all stages of 389
development, and by lessening societal tolerance 390
of violence against innocent human life; 391
(36) In Webster, the Supreme Court noted, 392
in upholding a Missouri statute, "that there may 393
be a 4-week error in estimating gestational 394
age". Webster, 492 U.S. at 516. Thus, an 395
unborn child thought to be eight weeks 396
gestational age might in fact be twelve weeks 397
gestational age, when an abortion poses a 398
greater risk to the woman and the unborn child 399
is considerably more developed. An unborn child 400
at fourteen weeks gestational age might be 401
eighteen weeks gestational age and an unborn 402
child at eighteen weeks gestational age might be 403
twenty-two weeks gestational age, when an 404
abortion poses a greater risk to the woman, the 405
unborn child is considerably more developed, the 406
abortion method likely to be employed is more 407
brutal, and the risk of pain experienced by the 408 SB 241 26
unborn child is greater. An unborn child at 409
twenty weeks gestational age might be twenty - 410
four weeks gestational age, when an abortion 411
poses a greater risk to the woman, the unborn 412
child is considerably more developed, the 413
abortion method likely to be employed is more 414
brutal, the risk of pain experienced by the 415
unborn child is greater, and the unborn child 416
may be viable. 417
3. The state of Missouri is bound by 418
Article VI, Clause 2 of the Constitution of the 419
United States that "all treaties made, or which 420
shall be made, under the au thority of the United 421
States, shall be the supreme law of the land". 422
One such treaty is the International Covenant on 423
Civil and Political Rights, entered into force 424
on March 23, 1976, and adopted by the United 425
States on September 8, 1992. In ratifying the 426
Covenant, the United States declared that while 427
the provisions of Articles 1 through 27 of the 428
Covenant are not self -executing, the United 429
States' understanding is that state governments 430
share responsibility with the federal government 431
in implementing the Covenant. 432
4. Article 6, Paragraph 1, U.N.T.S. at 433
174, of the International Covenant on Civil and 434
Political Rights states, "Every human being has 435
the inherent right to life. This right shall be 436
protected by law. No one shall be arbi trarily 437
deprived of his life". The state of Missouri 438
takes seriously its obligation to comply with 439
the Covenant and to implement this paragraph as 440
it relates to the inherent right to life of 441
unborn human beings, protecting the rights of 442
unborn human beings by law, and ensuring that 443
such unborn human beings are not arbitrarily 444
deprived of life. The state of Missouri hereby 445
implements Article 6, Paragraph 1 of the 446
Covenant by the regulation of abortion in this 447
state. 448
5. The state of Missour i has interests 449
that include, but are not limited to: 450 SB 241 27
(1) Protecting unborn children throughout 451
pregnancy and preserving and promoting their 452
lives from conception to birth; 453
(2) Encouraging childbirth over abortion; 454
(3) Ensuring respect for all human life 455
from conception to natural death; 456
(4) Safeguarding an unborn child from the 457
serious harm of pain by an abortion method that 458
would cause the unborn child to experience pain 459
while she or he is being killed; 460
(5) Preserving the integrity of the 461
medical profession and regulating and 462
restricting practices that might cause the 463
medical profession or society as a whole to 464
become insensitive, even disdainful, to life. 465
This includes regulating and restricting 466
abortion methods that are not only brutal and 467
painful, but if allowed to continue, will 468
further coarsen society to the humanity of not 469
only unborn children, but all vulnerable and 470
innocent human life, making it increasingly 471
difficult to protect such life; 472
(6) Ending the incongruities in state law 473
by permitting some unborn children to be killed 474
by abortion, while requiring that unborn 475
children be protected in nonabortion 476
circumstances through, including, but not 477
limited to, homicide, assault, self -defense, and 478
defense of another statutes; laws guaranteeing 479
prenatal health care, emergency care, and 480
testing; state-sponsored health insurance for 481
unborn children; the prohibition of restraints 482
in correctional institutions to protect pregnant 483
offenders and their unborn children; and 484
protecting the interests of unborn children by 485
the appointment of conservators, guardians, and 486
representatives; 487
(7) Reducing the risks of harm to pregnant 488
women who obtain abortions later in pregnancy; 489
and 490
(8) Avoiding burdens on the health care 491
system, taxpayers, and the workforce because of 492
increased preterm births, low birthweight 493
babies, compromised pregnancies, extended 494 SB 241 28
postpartum recoveries, and behavioral health 495
problems caused by the long -term effects of 496
abortions performed or induced later in the 497
pregnancy.] 498
[188.038. 1. The general assembly of this 1
state finds that: 2
(1) Removing vestiges of any past bias or 3
discrimination against pregnant women, their 4
partners, and their family members, including 5
their unborn children, is an important task for 6
those in the legal, medical, social services, 7
and human services professions; 8
(2) Ending any current bias or 9
discrimination against pregnant women, their 10
partners, and their family members, including 11
their unborn children, is a legitimate purpose 12
of government in order to guarantee that those 13
who "are endowed by their Creator with certain 14
unalienable Rights" can enjoy "Life, Liberty and 15
the pursuit of Happiness"; 16
(3) The historical relationship of bias or 17
discrimination by some family planning programs 18
and policies towards poor and minority 19
populations, including, but not limited to, the 20
nonconsensual sterilization of mentally ill, 21
poor, minority, and immigr ant women and other 22
coercive family planning programs and policies, 23
must be rejected; 24
(4) Among Missouri residents, the rate of 25
black or African-American women who undergo 26
abortions is significantly higher, about three 27
and one-half times higher, than the rate of 28
white women who undergo abortions. Among 29
Missouri residents, the rate of black or African - 30
American women who undergo repeat abortions is 31
significantly higher, about one and one -half 32
times higher, than the rate of white women who 33
undergo repeat abortions; 34
(5) Performing or inducing an abortion 35
because of the sex of the unborn child is 36
repugnant to the values of equality of females 37
and males and the same opportunities for girls 38 SB 241 29
and boys, and furthers a false mindset of femal e 39
inferiority; 40
(6) Government has a legitimate interest 41
in preventing the abortion of unborn children 42
with Down Syndrome because it is a form of bias 43
or disability discrimination and victimizes the 44
disabled unborn child at his or her most 45
vulnerable stage. Eliminating unborn children 46
with Down Syndrome raises grave concerns for the 47
lives of those who do live with disabilities. 48
It sends a message of dwindling support for 49
their unique challenges, fosters a false sense 50
that disability is som ething that could have 51
been avoidable, and is likely to increase the 52
stigma associated with disability. 53
2. No person shall perform or induce an 54
abortion on a woman if the person knows that the 55
woman is seeking the abortion solely because of 56
a prenatal diagnosis, test, or screening 57
indicating Down Syndrome or the potential of 58
Down Syndrome in an unborn child. 59
3. No person shall perform or induce an 60
abortion on a woman if the person knows that the 61
woman is seeking the abortion solely beca use of 62
the sex or race of the unborn child. 63
4. Any physician or other person who 64
performs or induces or attempts to perform or 65
induce an abortion prohibited by this section 66
shall be subject to all applicable civil 67
penalties under this chapter in cluding, but not 68
limited to, sections 188.065 and 188.085. ] 69
[188.056. 1. Notwithstanding any other 1
provision of law to the contrary, no abortion 2
shall be performed or induced upon a woman at 3
eight weeks gestational age or later, ex cept in 4
cases of medical emergency. Any person who 5
knowingly performs or induces an abortion of an 6
unborn child in violation of this subsection 7
shall be guilty of a class B felony, as well as 8
subject to suspension or revocation of his or 9
her professional license by his or her 10
professional licensing board. A woman upon whom 11
an abortion is performed or induced in violation 12 SB 241 30
of this subsection shall not be prosecuted for a 13
conspiracy to violate the provisions of this 14
section. 15
2. It shall be an affirmative defense for 16
any person alleged to have violated the 17
provisions of subsection 1 of this section that 18
the person performed or induced an abortion 19
because of a medical emergency. The defendant 20
shall have the burden of persuasion that the 21
defense is more probably true than not. 22
3. Prosecution under this section shall 23
bar prosecution under section 188.057, 188.058, 24
or 188.375 if prosecution under such sections 25
would violate the provisions of Amendment V to 26
the Constitution of the U nited States or Article 27
I, Section 19 of the Constitution of Missouri. 28
4. If any one or more provisions, 29
subsections, sentences, clauses, phrases, or 30
words of this section or the application thereof 31
to any person, circumstance, or period of 32
gestational age is found to be unenforceable, 33
unconstitutional, or invalid by a court of 34
competent jurisdiction, the same is hereby 35
declared to be severable and the balance of the 36
section shall remain effective notwithstanding 37
such unenforceability, uncon stitutionality, or 38
invalidity. The general assembly hereby 39
declares that it would have passed this section, 40
and each provision, subsection, sentence, 41
clause, phrase, or word thereof, irrespective of 42
the fact that any one or more provisions, 43
subsections, sentences, clauses, phrases, or 44
words of the section, or the application of the 45
section to any person, circumstance, or period 46
of gestational age, would be declared 47
unenforceable, unconstitutional, or invalid. ] 48
[188.057. 1. Notwithstanding any other 1
provision of law to the contrary, no abortion 2
shall be performed or induced upon a woman at 3
fourteen weeks gestational age or later, except 4
in cases of medical emergency. Any person who 5
knowingly performs or induces an abortio n of an 6
unborn child in violation of this subsection 7 SB 241 31
shall be guilty of a class B felony, as well as 8
subject to suspension or revocation of his or 9
her professional license by his or her 10
professional licensing board. A woman upon whom 11
an abortion is performed or induced in violation 12
of this subsection shall not be prosecuted for a 13
conspiracy to violate the provisions of this 14
section. 15
2. It shall be an affirmative defense for 16
any person alleged to have violated the 17
provisions of subsection 1 of this section that 18
the person performed or induced an abortion 19
because of a medical emergency. The defendant 20
shall have the burden of persuasion that the 21
defense is more probably true than not. 22
3. Prosecution under this section shall 23
bar prosecution under section 188.056, 188.058, 24
or 188.375 if prosecution under such sections 25
would violate the provisions of Amendment V to 26
the Constitution of the United States or Article 27
I, Section 19 of the Constitution of Missouri. 28
4. If any one or more provisions, 29
subsections, sentences, clauses, phrases, or 30
words of this section or the application thereof 31
to any person, circumstance, or period of 32
gestational age is found to be unenforceable, 33
unconstitutional, or invalid by a court of 34
competent jurisdiction, the same is hereby 35
declared to be severable and the balance of the 36
section shall remain effective notwithstanding 37
such unenforceability, unconstitutionality, or 38
invalidity. The general assembly hereby 39
declares that it would have pass ed this section, 40
and each provision, subsection, sentence, 41
clause, phrase, or word thereof, irrespective of 42
the fact that any one or more provisions, 43
subsections, sentences, clauses, phrases, or 44
words of the section, or the application of the 45
section to any person, circumstance, or period 46
of gestational age, would be declared 47
unenforceable, unconstitutional, or invalid. ] 48
[188.058. 1. Notwithstanding any other 1
provision of law to the contrary, no abortion 2 SB 241 32
shall be performed or induced upon a woman at 3
eighteen weeks gestational age or later, except 4
in cases of medical emergency. Any person who 5
knowingly performs or induces an abortion of an 6
unborn child in violation of this subsection 7
shall be guilty of a class B felony, as well as 8
subject to suspension or revocation of his or 9
her professional license by his or her 10
professional licensing board. A woman upon whom 11
an abortion is performed or induced in violation 12
of this section shall not be prosecuted for a 13
conspiracy to violate the provisions of this 14
section. 15
2. It shall be an affirmative defense for 16
any person alleged to have violated the 17
provisions of subsection 1 of this section that 18
the person performed or induced an abortion 19
because of a medical emergenc y. The defendant 20
shall have the burden of persuasion that the 21
defense is more probably true than not. 22
3. Prosecution under this section shall 23
bar prosecution under section 188.056, 188.057, 24
or 188.375 if prosecution under such sections 25
would violate the provisions of Amendment V to 26
the Constitution of the United States or Article 27
I, Section 19 of the Constitution of Missouri. 28
4. If any one or more provisions, 29
subsections, sentences, clauses, phrases, or 30
words of this section or the app lication thereof 31
to any person, circumstance, or period of 32
gestational age is found to be unenforceable, 33
unconstitutional, or invalid by a court of 34
competent jurisdiction, the same is hereby 35
declared to be severable and the balance of the 36
section shall remain effective notwithstanding 37
such unenforceability, unconstitutionality, or 38
invalidity. The general assembly hereby 39
declares that it would have passed this section, 40
and each provision, subsection, sentence, 41
clause, phrase, or word thereof, irr espective of 42
the fact that any one or more provisions, 43
subsections, sentences, clauses, phrases, or 44
words of the section, or the application of the 45
section to any person, circumstance, or period 46 SB 241 33
of gestational age, would be declared 47
unenforceable, unconstitutional, or invalid. ] 48
[188.375. 1. This section shall be known 1
and may be cited as the "Late -Term Pain-Capable 2
Unborn Child Protection Act". 3
2. As used in this section, the phrase 4
"late-term pain-capable unborn child" s hall mean 5
an unborn child at twenty weeks gestational age 6
or later. 7
3. Notwithstanding any other provision of 8
law to the contrary, no abortion shall be 9
performed or induced upon a woman carrying a 10
late-term pain-capable unborn child, except in 11
cases of medical emergency. Any person who 12
knowingly performs or induces an abortion of a 13
late-term pain-capable unborn child in violation 14
of this subsection shall be guilty of a class B 15
felony, as well as subject to suspension or 16
revocation of his or her professional license by 17
his or her professional licensing board. A 18
woman upon whom an abortion is performed or 19
induced in violation of this subsection shall 20
not be prosecuted for a conspiracy to violate 21
the provisions of this subsection. 22
4. It shall be an affirmative defense for 23
any person alleged to have violated the 24
provisions of subsection 3 of this section that 25
the person performed or induced an abortion 26
because of a medical emergency. The defendant 27
shall have the burden of persu asion that the 28
defense is more probably true than not. 29
5. Prosecution under subsection 3 of this 30
section shall bar prosecution under section 31
188.056, 188.057, or 188.058 if prosecution 32
under such sections would violate the provisions 33
of Amendment V to the Constitution of the United 34
States or Article I, Section 19 of the 35
Constitution of Missouri. 36
6. When in cases of medical emergency a 37
physician performs or induces an abortion upon a 38
woman in her third trimester carrying a late - 39
term pain-capable unborn child, the physician 40
shall utilize the available method or technique 41 SB 241 34
of abortion most likely to preserve the life or 42
health of the unborn child. In cases where the 43
method or technique of abortion most likely to 44
preserve the life or h ealth of the unborn child 45
would present a greater risk to the life or 46
health of the woman than another legally 47
permitted and available method or technique, the 48
physician may utilize such other method or 49
technique. In all cases where the physician 50
performs or induces an abortion upon a woman 51
during her third trimester carrying a late -term 52
pain-capable unborn child, the physician shall 53
certify in writing the available method or 54
techniques considered and the reasons for 55
choosing the method or techn ique employed. 56
7. When in cases of medical emergency a 57
physician performs or induces an abortion upon a 58
woman during her third trimester carrying a late - 59
term pain-capable unborn child, there shall be 60
in attendance a physician other than the 61
physician performing or inducing the abortion 62
who shall take control of and provide immediate 63
medical care for a child born as a result of the 64
abortion. 65
8. Any physician who knowingly violates 66
any of the provisions of subsection 6 or 7 of 67
this section shall be guilty of a class D 68
felony, as well as subject to suspension or 69
revocation of his or her professional license by 70
his or her professional licensing board. A 71
woman upon whom an abortion is performed or 72
induced in violation of subsection 6 o r 7 of 73
this section shall not be prosecuted for a 74
conspiracy to violate the provisions of those 75
subsections. 76
9. If any one or more provisions, 77
subsections, sentences, clauses, phrases, or 78
words of this section or the application thereof 79
to any person, circumstance, or period of 80
gestational age is found to be unenforceable, 81
unconstitutional, or invalid by a court of 82
competent jurisdiction, the same is hereby 83
declared to be severable and the balance of the 84
section shall remain effective notwi thstanding 85 SB 241 35
such unenforceability, unconstitutionality, or 86
invalidity. The general assembly hereby 87
declares that it would have passed this section, 88
and each provision, subsection, sentence, 89
clause, phrase, or word thereof, irrespective of 90
the fact that any one or more provisions, 91
subsections, sentences, clauses, phrases, or 92
words of the section, or the application of the 93
section to any person, circumstance, or period 94
of gestational age, would be declared 95
unenforceable, unconstitutional, or invali d.] 96
Section B. Because of the need to protect the health 1
and safety of Missouri women, section A of this act is 2
deemed necessary for the immediate preservation of the 3
public health, welfare, peace, and safety, and is hereby 4
declared to be an emergency act within the meaning of the 5
constitution, and section A of this act shall be in full 6
force and effect upon its passage and approval. 7