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LEGISLATURE OF NEBRASKA
ONE HUNDRED EIGHTH LEGISLATURE
SECOND SESSION
LEGISLATIVE BILL 1109
Introduced by Riepe, 12.
Read first time January 10, 2024
Committee: Judiciary
1 A BILL FOR AN ACT relating to abortion; to amend section 28-336, Reissue
2 Revised Statutes of Nebraska, and sections 71-6914, 71-6915, and
3 71-6916, Revised Statutes Supplement, 2023; to change provisions
4 relating to a penalty for performing an abortion by other than
5 accepted medical procedures; to define and redefine terms; to
6 provide for an exception for an abortion in the case of a fatal
7 fetal anomaly; to change and provide duties for physicians; to
8 eliminate a penalty under the Pain-Capable Unborn Child Protection
9 Act; to harmonize provisions; to repeal the original sections; to
10 outright repeal section 28-3,108, Reissue Revised Statutes of
11 Nebraska; and to declare an emergency.
12 Be it enacted by the people of the State of Nebraska,
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1 Section 1. Section 28-336, Reissue Revised Statutes of Nebraska, is
2 amended to read:
3 28-336 The performing of an abortion by using anything other than
4 accepted medical procedures is a Class IV felony. An abortion that is
5 performed in violation of the Preborn Child Protection Act that otherwise
6 used accepted medical procedures is not a violation of this section.
7 Sec. 2. Section 71-6914, Revised Statutes Supplement, 2023, is
8 amended to read:
9 71-6914 For purposes of the Preborn Child Protection Act:
10 (1)(a) Abortion means the prescription or use of any instrument,
11 device, medicine, drug, or substance to or upon a woman known to be
12 pregnant with the specific intent of terminating the life of her preborn
13 child.
14 (b) Abortion shall under no circumstances be interpreted to include:
15 (i) Removal of an ectopic pregnancy;
16 (ii) Removal of the remains of a preborn child who has already died;
17 (iii) An act done with the intention to save the life or preserve
18 the health of the preborn child;
19 (iv) The accidental or unintentional termination of the life of a
20 preborn child; or
21 (v) During the practice of in vitro fertilization or another
22 assisted reproductive technology, the termination or loss of the life of
23 a preborn child who is not being carried inside a woman's body;
24 (2) Fatal fetal anomaly means a terminal condition diagnosed before
25 birth by at least two physicians that, in their reasonable medical
26 judgment, regardless of the provision of life-saving medical treatment,
27 is incompatible with life outside the womb and will result in the death
28 of a preborn child upon birth or inevitably thereafter;
29 (3) (2) Gestational age means the age of a preborn child as
30 calculated from the first day of the last menstrual period of the
31 pregnant woman;
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1 (4)(a) (3)(a) Medical emergency means any condition which, in
2 reasonable medical judgment, so complicates the medical condition of the
3 pregnant woman as to necessitate the termination of her pregnancy to
4 avert her death or for which a delay in terminating her pregnancy will
5 create a serious risk of substantial and irreversible physical impairment
6 of a major bodily function.
7 (b) No condition shall be deemed a medical emergency if based on a
8 claim or diagnosis that the woman will engage in conduct which would
9 result in her death or in substantial and irreversible physical
10 impairment of a major bodily function;
11 (5) (4) Preborn child means an individual living member of the
12 species homo sapiens, throughout the embryonic and fetal stages of
13 development to full gestation and childbirth;
14 (6) (5) Pregnant means the condition of having a living preborn
15 child inside one's body; and
16 (7) (6) Reasonable medical judgment means a medical judgment that
17 could be made by a reasonably prudent physician, knowledgeable about the
18 case and the treatment possibilities with respect to the medical
19 conditions involved; and .
20 (8) Writing or written includes records prepared or stored in
21 physical, electronic, or digital form.
22 Sec. 3. Section 71-6915, Revised Statutes Supplement, 2023, is
23 amended to read:
24 71-6915 (1) Except as provided in subsection (3) of this section, a
25 physician, before performing or inducing an abortion, shall first:
26 (a) Determine, using standard medical practice, the gestational age
27 of the preborn child; and
28 (b) Record in the pregnant woman's medical record:
29 (i) The method used to determine the gestational age of the preborn
30 child; and
31 (ii) The date, time, and results of such determination.
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1 (2) Except as provided in subsection (3) of this section, it shall
2 be unlawful for any physician to perform or induce an abortion:
3 (a) Before fulfilling the requirements of subsection (1) of this
4 section; or
5 (b) If the probable gestational age of the preborn child has been
6 determined to be twelve or more weeks.
7 (3) It shall not be a violation of subsection (1) or (2) of this
8 section for a physician to perform or induce an abortion in the case of:
9 (a) Medical emergency;
10 (b) A fatal fetal anomaly;
11 (c) (b) Pregnancy resulting from sexual assault as defined in
12 section 28-319 or 28-319.01; or
13 (d) (c) Pregnancy resulting from incest as defined in section
14 28-703.
15 Sec. 4. Section 71-6916, Revised Statutes Supplement, 2023, is
16 amended to read:
17 71-6916 (1) If a physician performs or induces an abortion because
18 of a medical emergency pursuant to subdivision (3)(a) of section 71-6915,
19 the physician shall certify in writing that such a medical emergency
20 existed and explain the medical emergency in such the written
21 certification. The physician shall keep the written certification in the
22 woman's medical record.
23 (2) If a physician performs or induces an abortion because of a
24 fatal fetal anomaly pursuant to subdivision (3)(b) of section 71-6915,
25 the physician shall certify the following in writing:
26 (a) That such anomaly existed;
27 (b) The names of the two physicians who diagnosed the anomaly; and
28 (c) An explanation of the nature of the anomaly.
29 (3) (2) If a physician performs or induces an abortion in the case
30 of sexual assault or incest pursuant to subdivision (3)(c) or (d) (3)(b)
31 or (c) of section 71-6915, the physician shall certify in writing that
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1 the abortion was performed because of sexual assault or incest and that
2 the physician complied with all applicable duties imposed by section
3 28-902.
4 (4) The physician shall keep a the written certification made under
5 this section in the woman's medical record.
6 Sec. 5. Original section 28-336, Reissue Revised Statutes of
7 Nebraska, and sections 71-6914, 71-6915, and 71-6916, Revised Statutes
8 Supplement, 2023, are repealed.
9 Sec. 6. The following section is outright repealed: Section
10 28-3,108, Reissue Revised Statutes of Nebraska.
11 Sec. 7. Since an emergency exists, this act takes effect when
12 passed and approved according to law.
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Statutes affected: Introduced: 28-336, 71-6914, 71-6915, 71-6916