Req. No. 3135 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
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)
SENATE BILL 1798 By: Dahm
AS INTRODUCED
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 prohibiti on of abortion;
updating statutory reference; deeming certain
abortions unnecessary ; 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 this title; 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, p hysical illness or physical injury including a
Req. No. 3135 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
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
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 medical emergency. An
abortion shall not be deemed necessary to preserve the life o f the
pregnant woman if it is based on a psychological or emotional
condition or a claim, diagnosis, or determination that the woman may
engage in conduct which she intends to result in her death.
2. C. 1. A person convicted of performing 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. 2. This section does no t:
a. authorize the charging or conviction of a wom an with
any criminal offense in the death of 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
administered before the time when a pregnancy could be
determined through conventional medical testing and if
the contraceptive measure, drug or chemical is sold,
Req. No. 3135 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
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
used, prescribed or administered in accordance with
manufacturer instructio ns.
4. 3. It is an affirmative defense to prosecution under this
section if a licensed physician pro vides 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 wh ereof this act shall take effect and
be in full force from and after its passage and approval.
59-2-3135 DC 1/17/2024 3:27:32 PM