An Act
ENROLLED HOUSE
BILL NO. 2441 By: Russ, Crosswhite Hader,
Smith, Stearman, Olsen,
West (Kevin), Burns,
Conley, Townley, Grego,
Boles, Fetgatter, Lepak,
Stark, Gann, Dills,
Steagall, McDugle, Roe and
Kendrix of the House
and
Daniels, Bergstrom,
Stephens, Rogers and Jett
of the Senate
An Act relating to abortion; prohibiting the
performance of an abortion upon a woman without first
determining whether there is a detectable fetal
heartbeat; providing exception; limiting exception;
defining terms; providing penalty; providing for
codification; and providing an effective date .
SUBJECT: Abortion
BE IT ENACTED BY THE PEOPLE OF THE STATE OF OKLAHOMA:
SECTION 1. NEW LAW A new section of law to be codified
in the Oklahoma Stat utes as Section 1-731.3 of Title 63, unless
there is created a duplication in numbering, reads as follows:
A. No person shall perform or induce an abortion upon a
pregnant woman without first detecting whether or not her unborn
child has a heartbeat. No person shall perform or induce an
abortion upon a pregnant woman after such time as her unborn child
has been determined to have a detectable heart beat except if, in
reasonable medical judgment, she has a condition that so complicates
her medical conditio n that it necessitates the abortion of her ENR. H. B. NO. 2441 Page 2
pregnancy to avert her death or to avert serious risk of substantial
and irreversible physical impairment of a major bodily function, not
including psychological or emo tional conditions. No such condition
may be determined to exist if it is based on a claim or diagnosis
that the woman will engage in conduct which she intends to result in
her death or in substantial and irreversible physical impairment of
a major bodily function.
B. A "detectable heartbeat " shall mean embryonic or fetal
cardiac activity or the steady or repetitive rhythmic contract of
the heart within the gestational sac.
C. "Reasonable medical judgment " means a medical judgment that
would be made by a reasonably prudent physician, knowledgeable about
the case and the treatment possibilities with respect to the medical
conditions involved.
D. Any person violating subsection A of this section shall be
guilty of homicide.
SECTION 2. This act shall become effective November 1, 20 21.
ENR. H. B. NO. 2441 Page 3
Passed the House of Representatives the 9th day of March, 2021.
Presiding Officer of the House
of Representatives
Passed the Senate the 20th day of April, 2021.
Presiding Officer of the Senate
OFFICE OF THE GOVERNOR
Received by the Office of the Governor this ____________________
day of ___________________, 20_______, at _______ o'clock _______ M.
By: _________________________________
Approved by the Governor of the State of Oklahoma this _________
day of ___________________, 20_____ __, at _______ o'clock _______ M.
_________________________________
Governor of the State of Oklahoma
OFFICE OF THE SECRETARY OF STATE
Received by the Office of the Secretary of State this __________
day of ___________________, 20_______, at _______ o 'clock _______ M.
By: _________________________________