1 STATE OF OKLAHOMA
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2 1st Session of the 60th Legislature (2025)
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3 HOUSE BILL 1008 By: Olsen
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6 AS INTRODUCED
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7 An Act relating to abortion; amending Section 1,
7 Chapter 11, O.S.L. 2022 (63 O.S. Supp. 2023, Section
8 1-731.4), which relates to prohibition of abortion;
8 modifying definitions; modifying provisions related
9 to abortion; prescribing standard based upon
9 preservation of the life of a pregnant woman; and
10 declaring an emergency.
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13 BE IT ENACTED BY THE PEOPLE OF THE STATE OF OKLAHOMA:
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14 SECTION 1. AMENDATORY Section 1, Chapter 11, O.S.L. 2022
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15 (63 O.S. Supp. 2023, Section 1-731.4), is amended to read as
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16 follows:
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17 A. As used in this section:
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18 1. The terms "abortion" and "unborn child" shall have the same
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19 meaning as provided by Section 1-730 of Title 63 of the Oklahoma
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20 Statutes; and
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21 2. "Medical emergency" means a condition which cannot be
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22 remedied by delivery of the child in which an abortion is necessary
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23 to preserve the life of a pregnant woman whose life is endangered by
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24 a physical disorder, physical illness or physical injury including a
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 1 life-endangering physical condition caused by or arising from the
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2 pregnancy itself.
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3 B. 1. Notwithstanding any other provision of law, a person
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4 shall not purposely perform or attempt to perform an abortion except
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5 to save unless necessary to preserve the life of a pregnant woman in
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6 a medical emergency. The person performing or attempting to perform
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7 an abortion shall prioritize preserving both the life of the
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8 pregnant woman and the life of the baby, if however, the person
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9 judges the birth of the baby to be a threat to the life of the
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10 pregnant woman, then an abortion may be performed to preserve the
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11 life of the pregnant woman.
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12 2. A person convicted of performing or attempting to perform an
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13 abortion shall be guilty of a felony punishable by a fine not to
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14 exceed One Hundred Thousand Dollars ($100,000.00), or by confinement
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15 in the custody of the Department of Corrections for a term not to
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16 exceed ten (10) years, or by both such fine and imprisonment.
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17 3. This section does not:
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18 a. authorize the charging or conviction of a woman with
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19 any criminal offense in the death of her own unborn
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20 child, or
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21 b. prohibit the sale, use, prescription or administration
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22 of a contraceptive measure, drug or chemical if the
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23 contraceptive measure, drug or chemical is
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24 administered before the time when a pregnancy could be
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 1 determined through conventional medical testing and if
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2 the contraceptive measure, drug or chemical is sold,
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3 used, prescribed or administered in accordance with
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4 manufacturer instructions.
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5 4. It is an affirmative defense to prosecution under this
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6 section if a licensed physician provides medical treatment to a
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7 pregnant woman which results in the accidental or unintentional
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8 injury or death to the unborn child.
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9 SECTION 2. It being immediately necessary for the preservation
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10 of the public peace, health or safety, an emergency is hereby
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11 declared to exist, by reason whereof this act shall take effect and
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12 be in full force from and after its passage and approval.
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14 60-1-10039 TJ 11/20/24
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