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STATE OF OKLAHOMA
1st Session of the 59th Legislature (2023)
SENATE BILL 287 By: Hamilton
AS INTRODUCED
An Act relating to abortion; amending Section 1,
Chapter 11, O.S.L. 2022 (63 O.S. Su pp. 2022, Section
1-731.4), which relates to prohib ition of abortion;
removing certain restriction on prosecution; and
declaring an emergency .
BE IT ENACTED BY THE PEOPLE OF THE STATE OF OKLAHOMA:
SECTION 1. AMENDATORY Section 1, Chapter 11, O.S.L. 2022
(63 O.S. Supp. 2022, Section 1-731.4), is amended to read as
follows:
Section 1-731.4. A. As used in this section:
1. The terms “abortion” and “unborn child” shall have the same
meaning as provided by Section 1 -730 of Title 63 of the Oklahoma
Statutes; and
2. “Medical emergency” means a condition which cannot be
remedied by delivery of the child in which an abortion is necessary
to preserve the life of a pregnant woman w hose life is endangered by
a physical disorder, physical illness or physical injury including a
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life-endangering physical condition caused by or arising from the
pregnancy itself.
B. 1. Notwithstanding any other provision of law, a person
shall not purposely perform or attempt to perform an abortion except
to save the life of a pregnant woman in a me dical emergency.
2. A person convicted of p erforming or attempting to perform an
abortion shall be guilty of a felony punishable by a fine not to
exceed One Hundred Thousand Dollars ($100,000.00), or by confinement
in the custody of the D epartment of Corrections for a term not to
exceed ten (10) years, or by such fine and imprisonment.
3. This section does no t:
a. authorize the charging or conviction of a wom an with
any criminal offense in the death of he r own unborn
child, or
b. prohibit the sale, use, p rescription or administration
of a contraceptive measure, drug or chemical if the
contraceptive measure, dr ug or chemical is
administered before the time when a pregnancy could be
determined through conven tional medical testing and if
the contraceptive measure, drug or chemical is sold,
used, prescribed or administered in accordance with
manufacturer instructio ns.
4. It is an affirmative defense to prosecution under this
section if a licensed physician pro vides medical treatment to a
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pregnant woman which results in the accidental or uninten tional
injury or death to the unborn child.
SECTION 2. It being immediately necessary for the pr eservation
of the public peace, health or safety, an emer gency is hereby
declared to exist, by reason whereo f this act shall take effect and
be in full force from and after its passa ge and approval.
59-1-472 DC 1/12/2023 9:44:24 AM