HB 2758 -- REGULATION OF ABORTION

SPONSOR: Unsicker

This bill repeals several provisions relating to the regulation of abortion and changes the definitions of "medical emergency" and "viable pregnancy".

The bill repeals the "Missouri Stands for the Unborn Act". This bill re-establishes access in the sState to abortion procedures and specifies that, except in cases of medical emergency, no abortion can be performed or induced on a woman without her voluntary and informed consent. The bill modifies what information must be provided to a woman before a procedure in order to qualify as satisfying the woman's voluntary and informed consent, and repeals a 72-hour waiting period requirement before the procedure is performed.

The bill further states that, except in cases of medical emergency, no abortion of a viable pregnancy can be performed or induced unless such a procedure is necessary to preserve the life of a pregnant women whose life is endangered by a physical disorder, illness, or injury, including such a condition caused by or arising from the pregnancy itself. A "viable pregnancy" is defined as a pregnancy during which the life of a fetus can continue post- delivery without the aid of life support systems. Additionally, the bill modifies the process to determine the gestational age of the fetus, and subsequent actions a physician is required to complete following such determination.

The bill changes the offense of taking the life of a child aborted alive from its current classification of murder in the second degree to infanticide, and adds penalty provisions to existing statutes prohibiting abortions done with the intent to use fetal organs or tissue for transplant, experimentation, or for the consideration of such, or for the use of a fetus or child aborted alive for scientific, research, laboratory, or experimentation; a violation of these provisions is a class B felony except for infanticide, which is a class A felony.

This bill has an emergency clause.

Statutes affected:
Introduced (5292H.01): 188.010, 188.015, 188.017, 188.018, 188.021, 188.023, 188.026, 188.027, 188.028, 188.030, 188.031, 188.033, 188.035, 188.036, 188.037, 188.038, 188.039, 188.043, 188.044, 188.047, 188.052, 188.055, 188.056, 188.057, 188.058, 188.060, 188.065, 188.070, 188.075, 188.080, 188.085, 188.250, 188.375, 208.655, 610.140