Req. No. 10402 Page 1 1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
STATE OF OKLAHOMA
2nd Session of the 59th Legislature (2024)
COMMITTEE SUBSTITUTE
FOR
HOUSE BILL NO. 1537 By: Olsen
COMMITTEE SUBSTITUTE
An Act relating to abortion; amending Section 1,
Chapter 11, O.S.L. 2022 (63 O.S. Supp. 2023, Section
1-731.4), which relates to prohibition of abortions;
modifying definitions; modifying provisions related
to abortion; prescribing standard based upo n
preservation of the life of a pregnant woman; 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. 2023, 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
Req. No. 10402 Page 2 1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
a physical disorder, p hysical illness or physical injury including a
life-endangering physical condition caused by or a rising 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 unless necessary to preserve the life of a pregnant woman in
a medical emergency. The person performing or attempting to perform
an abortion shall prioritize preserving both the life of the
pregnant woman and the life of the baby, if however, the person
judges the birth of the baby to be a threat to the life of the
pregnant woman, then a n abortion may be performed to preserve the
life of the pregnant woman.
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 Correcti ons for a term not to
exceed ten (10) years, or by both 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 o f her own unborn
child, or
b. prohibit the sale, use, prescription or administration
of a contraceptive measure, drug or chemical if the
contraceptive measure, dr ug or chemical is
Req. No. 10402 Page 3 1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
administered before the time when a pregnancy could be
determined through co nventional 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 provides medical treatment to a
pregnant woman which results in the accidental or unintentional
injury or death to the unborn child.
SECTION 2. It being immediately necessary for the preservation
of the public peace, health or safety, an emergency is hereby
declared to exist, by reason where of this act shall take effect and
be in full force from and after its passage an d approval.
59-2-10402 TJ 02/22/24