ON APRIL 7, 2025, THE SENATE ADOPTED AMENDMENT #1 AND PASSED SENATE BILL 1004, AS AMENDED. AMENDMENT #1 rewrites the bill to, instead, clarify the term "serious risk of substantial and irreversible impairment of a major bodily function" as used in present law provisions relative to criminal abortion. Under such present law, a person who performs or attempts to perform an abortion commits the offense of criminal abortion, which is a Class C felony. However, a person who performs or attempts to perform an abortion does not commit such offense if the abortion is performed or attempted by a licensed physician in a licensed hospital or ambulatory surgical treatment center and both of the following conditions are met:  The physician determined, using reasonable medical judgment, based upon the facts known to the physician at the time, that the abortion was necessary to prevent the death of the pregnant woman or to prevent serious risk of substantial and irreversible impairment of a major bodily function of the pregnant woman.  The physician performs or attempts to perform the abortion in the manner which, using reasonable medical judgment, based upon the facts known to the physician at the time, provides the best opportunity for the unborn child to survive, unless using reasonable medical judgment, termination of the pregnancy in that manner would pose a greater risk of death to the pregnant woman or substantial and irreversible impairment of a major bodily function. This amendment defines "serious risk of substantial and irreversible impairment of a major bodily function" as any medically diagnosed condition that so complicates the pregnancy of a woman as to directly or indirectly cause the substantial and irreversible impairment of a major bodily function. Such term may include previable preterm premature rupture of membranes; inevitable abortion; severe preeclampsia; mirror syndrome associated with fetal hydrops; and an infection that can result in uterine rupture or loss of fertility. However, the term does not include any condition related to the woman's mental health.

Statutes affected:
Introduced: 4-8-305