1 STATE OF OKLAHOMA
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2 1st Session of the 59th Legislature (2023)
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3 SENATE BILL 287 By: Hamilton
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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. 2022, Section
8 1-731.4), which relates to prohibition of abortion;
8 removing certain restriction on prosecution; and
9 declaring an emergency.
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12 BE IT ENACTED BY THE PEOPLE OF THE STATE OF OKLAHOMA:
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13 SECTION 1. AMENDATORY Section 1, Chapter 11, O.S.L. 2022
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14 (63 O.S. Supp. 2022, Section 1-731.4), is amended to read as
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15 follows:
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16 Section 1-731.4. A. As used in this section:
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17 1. The terms “abortion” and “unborn child” shall have the same
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18 meaning as provided by Section 1-730 of Title 63 of the Oklahoma
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19 Statutes; and
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20 2. “Medical emergency” means a condition which cannot be
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21 remedied by delivery of the child in which an abortion is necessary
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22 to preserve the life of a pregnant woman whose life is endangered by
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23 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 the life of a pregnant woman in a medical emergency.
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6 2. A person convicted of performing or attempting to perform an
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7 abortion shall be guilty of a felony punishable by a fine not to
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8 exceed One Hundred Thousand Dollars ($100,000.00), or by confinement
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9 in the custody of the Department of Corrections for a term not to
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10 exceed ten (10) years, or by such fine and imprisonment.
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11 3. This section does not:
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12 a. authorize the charging or conviction of a woman with
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13 any criminal offense in the death of her own unborn
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14 child, or
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15 b. prohibit the sale, use, prescription or administration
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16 of a contraceptive measure, drug or chemical if the
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17 contraceptive measure, drug or chemical is
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18 administered before the time when a pregnancy could be
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19 determined through conventional medical testing and if
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20 the contraceptive measure, drug or chemical is sold,
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21 used, prescribed or administered in accordance with
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22 manufacturer instructions.
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23 4. It is an affirmative defense to prosecution under this
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24 section if a licensed physician provides medical treatment to a
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 1 pregnant woman which results in the accidental or unintentional
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2 injury or death to the unborn child.
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3 SECTION 2. It being immediately necessary for the preservation
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4 of the public peace, health or safety, an emergency is hereby
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5 declared to exist, by reason whereof this act shall take effect and
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6 be in full force from and after its passage and approval.
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8 59-1-472 DC 1/12/2023 9:44:24 AM
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