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STATE OF OKLAHOMA
1st Session of the 60th Legislature (2025)
SENATE BILL 989 By: Daniels
AS INTRODUCED
An Act relating to abortion; creating the Wrongful
Death Protection Act of 2025; providing short title;
defining terms; making certain i ndividuals liable for
wrongful death from abortion -inducing drugs;
providing exception; specifying effect of certain
provisions; providing certain affirmative defense;
specifying certain burden of proof; establishing
deadline for filing of civil action; di sallowing
certain defenses; voiding waiver of certain right;
specifying applicability of certain provisions;
prohibiting certain civil action against federal
government; specifying extent of certain
jurisdiction; providing certain exclusions; providing
for extraterritorial effect; specifying venue for
civil action; prohibiting certain transfer of venue;
granting specified entities certain immunities;
specifying applicability of immunities; prohibiting
certain waiver of immunity; limiting jurisdiction of
courts; providing certain construction; providing for
severability; expressing le gislative intent and
declarations; providing for certain interpretation
and enforcement; providing for codification; and
declaring an emergency .
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 Statutes as Section 3246.1 of Title 12, unless there
is created a duplication in numbering, reads as follows:
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This act shall be known and may be cited as the “Wrongful Death
Protection Act of 2025 ”.
SECTION 2. NEW LAW A new section of law to be codified
in the Oklahoma Statutes as Section 3246.2 of Title 12, unless there
is created a duplication in numberin g, reads as follows:
As used in the Wrongful Death Protection Act of 2025:
1. “Abortion” means the act of using, prescribing,
administering, procuring, or selling any instrument, medicine, drug,
or any other substance, device, or means with the purpose to
terminate the pregnancy of a woman, with knowledge that the
termination by any of those means will with reasonable likelihood
cause the death of an unborn child. The term does not include:
a. in vitro fertilization or fertility treatments of any
type,
b. the use, prescription, administration, procuring, or
selling of Plan B, morning -after pills, intrauterine
devices, or any other type of contraception or
emergency contraception, or
c. an act performed with the purpose to:
(1) save the life or preserve the health of the
unborn child,
(2) remove a dead unborn child caused by spontane ous
abortion, or
(3) remove an ectopic pregnancy;
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2. “Abortion-inducing drugs” includes mifepristone,
misoprostol, and any drug, medication, or substance that is used to
terminate the life of an unborn child. The term does not include:
a. Plan B, morning-after pills, intrauterine devices, or
any other type of contraception or emergency
contraception, or
b. drugs or medications that are possessed or distributed
for a purpose that does not include the termination of
a pregnancy, such as misoprostol that is possessed or
distributed for the purpose of treating stomach
ulcers;
3. “Fertilization” means the fusion of a human spermatozoon
with a human ovum;
4. “Interactive computer ser vice” means any information
service, system, or access software provider that provides or
enables computer access by multiple users to a computer server,
including specifically a service or system that provides access to
the Internet and such systems opera ted or services offered by
libraries or educational institutions;
5. “Unborn child” means an individual organism of the species
Homo sapiens in any stage of gestation from fertilization until live
birth; and
6. “Woman” and “women” include any person whos e biological sex
is female, including any person with XX chromosomes and any person
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with a uterus, regardless of any gender identity that the person
attempts to assert or claim.
SECTION 3. NEW LAW A new section of law to be codified
in the Oklahoma Statutes as Section 3246.3 of Title 12, unless there
is created a duplication in numbering, reads as follows:
A. Notwithstanding any other law, any person who manufactures,
mails, distributes, transports, delivers, or provides abortion -
inducing drugs, or who aids or abets the manufacture, mailing,
distribution, transportation, delivery, or provision of abortion -
inducing drugs, shall be strictly, absolutely, and jointly and
severally liable for the wrongful death of any unborn child or
pregnant woman who dies from the use of abortion -inducing drugs, and
for any personal injuries suffered by any unborn child or pregnant
woman from the use of abortion -inducing drugs; provided, that no
lawsuit may be brought under this section against a provide r or user
of an interactive computer service if such a lawsuit would be
preempted by 47 U.S.C., Section 230(c).
B. A person who engages in the conduct described in this
section is liable if his or her conduct contributes in any way to
the death or persona l injuries suffered by an unborn child or a
pregnant woman, regardless of whet her the person’s conduct is a but-
for or proximate cause of the death or personal injuries suffered by
an unborn child or a pregnant woman.
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C. It is an affirmative defense if a person sued under this
section:
1. Was unaware that the person was engaged in the conduct
described in subsection A of this section; and
2. Took every reasonable precaution to ensure that the person
would not manufacture, mail, distribute, transport, del iver,
provide, or aid or abet the manufacture, mailing, distribution,
transportation, delivery, or provision of abortion -inducing drugs.
The defendant has the burden of proving an affirmative defense
under this subsection by a preponderance of the evidence .
D. Notwithstanding any other law, a person may bring an action
under this section within six (6) years of the date the cause of
action accrues.
E. Notwithstanding any other law, none of the following is a
defense to an action brought under this section :
1. Ignorance or mistake of law;
2. A defendant’s belief that the requireme nts or provisions of
this act are unconstitutional or were unconstitutional;
3. A defendant’s reliance on any court decision that has been
overruled on appeal or by a subsequent court, even if that court
decision had not been overruled when the cause of action accrued;
4. A defendant’s reliance on any state or federal court
decision that is not binding on the court in which the action has
been brought;
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5. A defendant’s reliance on any federal statute, agency rule
or action, or treaty that has been repeal ed, superseded, or declared
invalid or unconstitutional, even if that federal statute, agency
rule or action, or treaty had not been repealed, superseded, or
declared invalid or unconstitutional when the cause of action
accrued;
6. Non-mutual issue preclusion or non -mutual claim preclusion;
7. The consent of the plaintiff or the unborn child ’s mother to
the abortion, or the consent of one or both of the parents of the
unborn child’s mother to the abortion, or the consent of the legal
guardian of the unbor n child’s mother to the abortion;
8. Contributory or comparative negligence;
9. Assumption of risk; or
10. Lack of but-for or proximate causation.
F. Notwithstanding any othe r law, any waiver of the right to
sue under this section shall be void as against public policy, and
shall not be enforceable in any court.
G. Notwithstanding any other law, this section does not impose
liability for:
1. Death or personal injuries result ing from an abortion
performed or induced to preserve the life of a pregnant w oman in
accordance with Section 861 of Title 21 of the Oklahoma Statutes ;
2. Speech or conduct protected by the First Amendment to the
United States Constitution, as made applicable to the states through
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the interpretation of the Fourteenth Amendment by the Supreme Court
of the United States, or by Article II, Section 22 of the Oklahoma
Constitution;
3. Conduct that the State of Oklahoma is forbidden to regulate
under federal law or the United States Constitution;
4. Conduct taken by a pregnant woman who aborts or seeks to
abort her unborn child;
5. The provision of basic public services, including fire and
police protection and utilities, by a governmental entity or a
common carrier to an abortion provider, an abortion fund, an
affiliate of an abortion provider or abortion fund, or a
manufacturer or distributor o f abortion-inducing drugs, in the same
manner as the governmental entity or common carrier provides those
services to the general public; or
6. Conduct taken at the behest of federal agencies,
contractors, or employees that are carrying out duties under federal
law, if a prohibition on that conduct would violate the doctrines of
preemption or intergovernmental immunity.
H. Notwithstanding any other law, a civil action under this
section may not be brought against any person that acted at the
behest of federal agencies, contractors, or employees that are
carrying out duties under federal law, if the imposition of
liability would violate the doctrines of preemption or
intergovernmental immunity .
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I. Notwithstanding any other law, including Section 2004 of
Title 12 of the Oklahoma Statutes , the courts of this state shall
have personal jurisdiction over any defendant sued un der this
section to the maximum extent permitted by the Fourteenth Amendment
to the United States Constitution and the Oklahoma Constitution.
J. Notwithstanding any other law, this section shall apply to
any abortion performed, induced, or attempted upon a resident of
this state, regardless of where that abortion or attempted abort ion
occurs, and to any civil action brought under this section, to the
maximum extent permitted by the United States Constitution .
Notwithstanding any other law, any contractual choice-of-law
provision that requires or purports to require application of the
laws of a different jurisdiction shall be void as against public
policy, and shall not be enforceable in any court.
K. Notwithstanding any other law, a civil action brought u nder
this section shall not be subject to any provision of the Oklahoma
Citizens Participation Act, Section 1430 et seq. of Title 12 of the
Oklahoma Statutes.
L. Notwithstanding any other law, including Section 2023 of
Title 12 of the Oklahoma Statutes , a civil action under this section
may not be litigated on behalf of a plaintiff class or a defendant
class, and no court may certify a class under Section 2023 of Title
12 of the Oklahoma Statutes , in any civil action brought under this
section.
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M. Notwithstanding any other law, the prohibitions of this act
shall apply extraterritor ially to the maximum extent permitted by
the United States Constitution and the Oklahoma Constitution.
SECTION 4. NEW LAW A new section of law to be codif ied
in the Oklahoma Statutes as Section 3246. 4 of Title 12, unless there
is created a duplication in numbering, reads as follows:
A. Notwithstanding any other provision of law, a civil action
brought under Section 3 of this act may be brought in the count y:
1. In which all or a substantial part of the events or
omissions giving rise to the claim occurred;
2. Of residence for any one of the natural person defendants at
the time the cause of action accrued;
3. Of the principal office in this state of any one of the
defendants that is not a natural person; or
4. Of residence for the claimant if the claimant is a natural
person residing in this state.
B. If a civil action is brought in any one of the venues
described by subsection A of this section, then t he action may not
be transferred to a different venue without the written cons ent of
all parties.
SECTION 5. NEW LAW A new section of law to be codified
in the Oklahoma Statutes as Section 3246. 5 of Title 12, unless there
is created a duplication in numbering, reads as follows:
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A. Notwithstanding any other provision of law, the state shall
have sovereign immunity, each of its political subdivisions shall
have governmental immunity, and each officer and employee of this
state or a political subdivision shall have official immunity, and
sovereign or governmenta l immunity, as appropriate, in any action,
claim, counterclaim, or any type of legal or equitable action that
challenges the validity of any provision or application of this act,
on constitutional grounds or otherwise, or that seeks to prevent or
enjoin the state, its political subdivisions, or any officer or
employee of this state or a political subdivision from enforcing any
provision or application of this act, or from hearing, adjudicating,
or docketing a civil action brought under Section 3 of this act ,
unless that immunity has been abrogated or preempted by federal law
in a manner consistent with the United States Constitution. The
sovereign immunity conferred by this sectio n upon the state and each
of its officers and employees includes the constitutional sovereign
immunity recognized by the Supreme Court of the United States in
Seminole Tribe of Florida v. Florida, 517 U.S. 44 (1996), and Alden
v. Maine, 527 U.S. 706 (1999) , which applies in both state and
federal court and which may not be abrogated by Congress or by any
state or federal court except pursuant to congressional legislation
authorized by Section 5 of the Fourteenth Amendment to the United
States Constitution, by the Bankruptcy Clause of Article I, or by
Congress’s powers to raise and support armies and to provide and
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maintain a navy, or by any other ground that might be recognized by
the Supreme Court of the United States.
B. Notwithstanding any other provisio n of law to the contrary,
the immunities conferred by subsection A of this sec tion shall apply
in every court, both state and federal, and in every adjudicative
proceeding of any type whatsoever.
C. Notwithstanding any other provision of law, no provision of
state law may be construed to waive or abrogate an immunity
described in subsection A of this section unless it expressly waives
or abrogates immunity with specific reference to this section.
D. Notwithstanding any other provision of law, no attorney
representing the state, its political subdivisions, or any officer
or employee of this state or a political subdivision is authorized
or permitted to waive an immunity described in subsection A of this
section or take any action that would result in a waiv er of that
immunity, and any such action or purported waiver shall be regarded
as a legal nullity and an ultra vires act.
E. Notwithstanding any other provision of law, no court of this
state may award declaratory or injunctive relief, or any type of
stay or writ, including a writ of prohibition, that would pronounce
any provision or application of this act invalid or
unconstitutional, or that would restrain the state, its political
subdivisions, any officer, employee, or agent of this state or a
political subdivision, or any person from enforcing any provision or
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application of this act, or from hearing, adjudicating, docketing,
or filing a civil action brought under Section 3 of this act, and no
court of this state shall have jurisdiction to consider any action,
claim, or counterclaim that seeks such relief, and no such action,
claim, or counterclaim may be litigated on behalf of a plaintiff or
defendant class, notwithstanding Section 2023 of Title 12 of the
Oklahoma Statutes, and no court may certify a pl aintiff or defendant
class in any action seeking the relief described in this subsection.
F. Nothing in this section or act shall be construed to prevent
a litigant from asserting the invalidity or unconstitutionality of
any provision or application of th is act as a defense to any action,
claim, or counterclaim brought against that litigant.
SECTION 6. NEW LAW A new section of law to be codified
in the Oklahoma Statutes as Section 3246. 6 of Title 12, unless there
is created a duplication in numbering, reads as follows:
A. Mindful of Leavitt v. Jane L., 518 U.S. 137 (1996), in which
in the context of determining the severability of a state statute
regulating abortion the Supreme Court of the United States held that
an explicit statement of legislative intent is controlling, it is
the intent of the Legislature that every provision, section,
subsection, sentence, clause, phrase, or word in this act, and every
application of the provisions in this act to every person, group of
persons, or circumstances, are severable from each other.
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B. If any application of any provision in this act to any
person, group of persons, or circumstances is found by a court to be
invalid, preempted, or unconstitutional, for any reason whatsoever,
then the remaining applications of that provision to all other
persons and circumstances s hall be severed and preserved, and shall
remain in effect. All constitutionally valid applications of the
provisions in this act shall be severed from any applications that a
court finds to be invalid, preempted, or unconstitutional, because
it is the Legislature’s intent and priority that every single valid
application of every statutory provision be allowed to stand alone.
C. The Legislature further declares that it would have enacted
this act, and each provision, section, subsection, sentence, clause,
phrase, or word, and all constitutional applications of the
provisions of this act, irrespective of the fact that any provision,
section, subsection, sentence, clause, phrase, or word, or
applications of this act were to be declared invalid, preempted, or
unconstitutional.
D. If any provision of this act is found by any court to be
unconstitutionally vague, then the applications of that provision
that do not present constitutiona l vagueness problems shall be
severed and remain in force, consistent with the severability
requirements of subsections A, B, and C of this section.
E. No court may decline to enforce the severability
requirements of subsections A, B, C, and D of this sec tion on the
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ground that severance would “rewrite” the statute or involve the
court in legislative or lawmaking activity. A court that declines
to enforce or enjoins a state official from enforcing a statutory
provision does not rewrite a statute, as the s tatute continues to
contain the same words as before the court ’s decision. A judicial
injunction or declaration of unconstitutionality:
1. Is nothing more than an edict prohibiting enforcement that
may subsequently be vacated by a later court if that cou rt has a
different understanding of the requirements of the Oklahoma
Constitution or United States Constitution;
2. Is not a formal amendment of the language in a statute; and
3. No more rewrites a statute than a decision by the executive
not to enforce a duly enacted statute in a limited and defined set
of circumstances.
F. If any state or federal court disregards the severability
requirements of subsections A, B, C, D, and E of this section, and
declares or finds any provision of this act facially inva lid,
preempted, or unconstitutional, when there are discrete applications
of that provision that can be enforced against a person, group of
persons, or circumstances without violating federal law or the
federal or state constitutions, then that provision s hall be
interpreted, as a matter of state law, as if the Legislature had
enacted a provision limited to the persons, group of persons, or
circumstances for which the provision ’s application will not violate
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federal law or the federal or state constitutions , and every court
and every state official shall adopt this saving construction of
that provision until the court ruling that pronounced the provision
facially invalid, preempted, or unconstitutional is vacated or
overruled.
SECTION 7. It being immediately necessary for the preservation
of the public peace, health o r safety, an emergency is hereby
declared to exist, by reason whereof this act shall take effect and
be in full force from and after its passage and approval.
60-1-1530 DC 1/16/2025 2:07:31 PM