1 STATE OF OKLAHOMA
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2 2nd Session of the 59th Legislature (2024)
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3 SENATE BILL 1729 By: Deevers
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6 AS INTRODUCED
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7 An Act relating to abortion; creating the Abolition
7 of Abortion Act; providing short title; stating
8 purpose of act; amending 21 O.S. 2021, Section 691,
8 which relates to homicide; modifying applicability of
9 provisions relating to homicide; specifying
9 applicability and construction of certain provision;
10 making enforcement of certain violations subject to
10 specified factors; amending 21 O.S. 2021, Section
11 156, which relates to duress defense; updating
11 statutory language; specifying applicability of
12 defense; amending 12 O.S. 2021, Section 1053, which
12 relates to wrongful death; modifying applicability of
13 certain provisions; making act prospective; providing
13 for noncodification; providing for codification; and
14 declaring an emergency.
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17 BE IT ENACTED BY THE PEOPLE OF THE STATE OF OKLAHOMA:
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18 SECTION 1. NEW LAW A new section of law not to be
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19 codified in the Oklahoma Statutes reads as follows:
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20 This act shall be known and may be cited as the “Abolition of
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21 Abortion Act”.
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22 SECTION 2. NEW LAW A new section of law not to be
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23 codified in the Oklahoma Statutes reads as follows:
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 1 A. Acknowledging the sanctity of innocent human life, created
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2 in the image of God, the purpose of this act is to:
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3 1. Follow the Constitution of the United States, which requires
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4 that “no state...shall deny to any person within its jurisdiction
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5 the equal protection of the laws”;
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6 2. Fulfill such constitutional requirement by protecting the
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7 lives of preborn persons with the same criminal and civil laws
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8 protecting the lives of born persons by repealing provisions that
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9 permit willful prenatal homicide or assault;
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10 3. Protect pregnant mothers from being pressured to abort by
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11 repealing provisions that may otherwise allow a person to direct,
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12 advise, encourage, or solicit a mother to abort her child; and
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13 4. Ensure that all persons potentially subject to such laws are
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14 entitled to due process protections.
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15 SECTION 3. AMENDATORY 21 O.S. 2021, Section 691, is
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16 amended to read as follows:
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17 Section 691. A. Homicide is the killing of one human being by
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18 another.
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19 B. As used in this section, “human being” includes an unborn
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20 child, as defined in Section 1-730 of Title 63 of the Oklahoma
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21 Statutes.
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22 C. Homicide shall not include:
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 1 1. Acts which cause the death of an unborn child if those acts
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2 were committed during a legal abortion to which the pregnant woman
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3 consented; or
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4 2. Acts acts which are committed pursuant to the usual and
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5 customary standards of medical practice during diagnostic testing or
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6 therapeutic treatment.
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7 D. Under no circumstances shall the mother of the unborn child
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8 be prosecuted for causing the death of the unborn child unless the
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9 mother has committed a crime that caused the death of the unborn
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10 child.
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11 SECTION 4. NEW LAW A new section of law to be codified
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12 in the Oklahoma Statutes as Section 696 of Title 21, unless there is
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13 created a duplication in numbering, reads as follows:
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14 A. This chapter applies even where the victim is an unborn
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15 child.
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16 B. Enforcement where the victim is an unborn child is subject
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17 to the same presumptions, defenses, justifications, laws of parties,
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18 immunities, and clemencies as would apply when the victim is a
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19 person who had been born alive.
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20 C. This chapter shall not apply to:
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21 1. The undertaking of life-saving procedures to save the life
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22 of the mother when accompanied by reasonable steps to save the life
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23 of the unborn child; or
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24 2. A spontaneous miscarriage.
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 1 D. This section prevails over other law to the extent of any
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2 conflict.
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3 SECTION 5. AMENDATORY 21 O.S. 2021, Section 156, is
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4 amended to read as follows:
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5 Section 156. A. A person is entitled to assert duress as a
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6 defense if that person committed a prohibited act or omission
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7 because of a reasonable belief that there was imminent danger of
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8 death or great bodily harm from another upon oneself, ones one’s
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9 spouse, or ones one’s child.
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10 B. Even where the charge is murder, the provisions of this
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11 section shall apply if the victim is an unborn child and the
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12 defendant is the child’s mother.
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13 SECTION 6. NEW LAW A new section of law to be codified
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14 in the Oklahoma Statutes as Section 650.12 of Title 21, unless there
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15 is created a duplication in numbering, reads as follows:
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16 A. This chapter applies even where the victim is an unborn
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17 child.
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18 B. Enforcement where the victim is an unborn child is subject
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19 to the same presumptions, defenses, justifications, laws of parties,
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20 immunities, and clemencies as would apply where the victim is a
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21 person who had been born alive.
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22 C. This chapter shall not apply to:
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 1 1. The undertaking of life-saving procedures to save the life
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2 of the mother when accompanied by reasonable steps to save the life
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3 of the unborn child; or
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4 2. A spontaneous miscarriage.
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5 D. This section prevails over other law to the extent of any
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6 conflict.
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7 SECTION 7. AMENDATORY 12 O.S. 2021, Section 1053, is
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8 amended to read as follows:
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9 Section 1053. A. When the death of one is caused by the
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10 wrongful act or omission of another, the personal representative of
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11 the former may maintain an action therefor against the latter, or
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12 his or her personal representative if he or she is also deceased, if
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13 the former might have maintained an action, had he or she lived,
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14 against the latter, or his or her representative, for an injury for
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15 the same act or omission. The action must be commenced within two
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16 (2) years.
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17 B. The damages recoverable in actions for wrongful death as
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18 provided in this section shall include the following:
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19 1. Medical and burial expenses, which shall be distributed to
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20 the person or governmental agency as defined in Section 5051.1 of
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21 Title 63 of the Oklahoma Statutes who paid these expenses, or to the
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22 decedent’s estate if paid by the estate. The provisions of this
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23 paragraph shall not apply to the cost of an abortion in actions
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24 maintained pursuant to subsection F of this section;
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 1 2. The loss of consortium and the grief of the surviving
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2 spouse, which shall be distributed to the surviving spouse;
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3 3. The mental pain and anguish suffered by the decedent, which
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4 shall be distributed to the surviving spouse and children, if any,
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5 or next of kin in the same proportion as personal property of the
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6 decedent. For the purposes of actions maintained pursuant to
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7 subsection F of this section, “next of kin” as used in this
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8 paragraph shall mean the parent or grandparent who maintained the
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9 action as provided for in paragraph 3 of subsection F of this
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10 section;
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11 4. The pecuniary loss to the survivors based upon properly
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12 admissible evidence with regard thereto including, but not limited
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13 to, the age, occupation, earning capacity, health habits, and
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14 probable duration of the decedent’s life, which must inure to the
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15 exclusive benefit of the surviving spouse and children, if any, or
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16 next of kin, and shall be distributed to them according to their
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17 pecuniary loss. For the purposes of actions maintained pursuant to
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18 subsection F of this section, “next of kin” as used in this
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19 paragraph shall mean the parent or grandparent who maintained the
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20 action as provided for in paragraph 3 of subsection F of this
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21 section; and
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22 5. The grief and loss of companionship of the children and
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23 parents of the decedent, which shall be distributed to them
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24 according to their grief and loss of companionship.
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 1 C. In proper cases, as provided by Section 9.1 of Title 23 of
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2 the Oklahoma Statutes, punitive or exemplary damages may also be
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3 recovered against the person proximately causing the wrongful death
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4 or the person’s representative if such person is deceased. Such
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5 damages, if recovered, shall be distributed to the surviving spouse
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6 and children, if any, or next of kin in the same proportion as
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7 personal property of the decedent. For the purposes of actions
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8 maintained pursuant to subsection F of this section, “next of kin”
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9 as used in this paragraph shall mean the parent or grandparent who
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10 maintained the action as provided for in paragraph 3 of subsection F
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11 of this section.
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12 D. Where the recovery is to be distributed according to a
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13 person’s pecuniary loss or loss of companionship, the judge shall
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14 determine the proper division.
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15 E. The above-mentioned distributions shall be made after the
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16 payment of legal expenses and costs of the action.
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17 F. 1. The provisions of this section shall also be available
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18 for the death of an unborn person as defined in Section 1-730 of
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19 Title 63 of the Oklahoma Statutes.
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20 2. The provisions of this subsection shall apply to acts which
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21 cause the death of an unborn person in utero if:
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22 a. the physician who performed the abortion or the
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23 referring physician fails to obtain and document the
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24 voluntary and informed consent of the pregnant woman
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 1 pursuant to Section 1-738.2 of Title 63 of the
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2 Oklahoma Statutes,
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3 b. the pregnant woman withdraws her consent to the
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4 abortion prior to performance of the abortion,
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5 c. the pregnant woman undergoes the abortion due to
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6 coercion from a third party,
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7 d. the physician fails to obtain and document proof of
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8 age demonstrating that the pregnant woman is not a
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9 minor, or, in the case of a minor, fails to obtain:
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10 (1) parental consent to the abortion pursuant to
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11 Section 1-740.2 of Title 63 of the Oklahoma
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12 Statutes,
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13 (2) proof that the pregnant woman, although a minor,
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14 is emancipated, or
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15 (3) judicial authorization of the abortion without
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16 parental notification pursuant to Section 1-740.3
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17 of Title 63 of the Oklahoma Statutes,
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18 e. the physician who performed the abortion causes the
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19 woman physical or psychological harm, the possibility
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20 of which she did not foresee or was not informed of at
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21 the time of her consent,
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22 f. the physician who performed the abortion fails to
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23 screen the pregnant woman and document such screening
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24 for risk factors associated with a heightened risk of
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 1 adverse consequences from abortion which a reasonably
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2 prudent physician would screen for,
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3 g. the physician fails to screen the pregnant woman and
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4 document such screening for physical or psychological
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5 impairment of judgment due to factors including, but
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6 not limited to, drugs, alcohol, illness or fatigue,
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7 h. the physician fraudulently induces the pregnant woman
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8 to obtain the abortion or gives misleading or false
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9 information in response to a pregnant woman’s inquiry,
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10 or
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11 i. there exist any other circumstances which violate
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12 state law.
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13 The provisions of this paragraph shall not be construed to apply
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14 to cases in which a physician licensed to practice medicine in this
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15 state attempts, in a reasonably prudent manner, to prevent the death
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16 of an unborn person or a pregnant woman.
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17 3. A parent or grandparent of the deceased unborn person is
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18 entitled to maintain an action against the physician who caused the
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19 death of an unborn person under the conditions provided by
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20 subparagraphs a through i of paragraph 2 of this subsection;
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21 provided, however, the parent or grandparent may not maintain such
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22 action if the parent or grandparent coerced the mother of the unborn
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23 person to abort the unborn person.
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 1 4. Liability for wrongful death by the physician under this
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2 section shall not be waived by the pregnant woman prior to
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3 performance of the abortion. A physician shall not request, orally,
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4 on a written form or in any other manner, that the pregnant woman
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5 waive the liability of the physician for wrongful death related to
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6 the abortion as a condition of performing an abortion.
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7 5. Under no circumstances shall the mother of the unborn person
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8 be found liable for causing the death of the unborn person unless
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9 the mother has committed a crime that caused the death of the unborn
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10 person.
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11 SECTION 8. NEW LAW A new section of law not to be
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12 codified in the Oklahoma Statutes reads as follows:
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13 This act is prospective only and shall not apply to conduct
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14 committed prior to the effective date of this act.
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15 SECTION 9. It being immediately necessary for the preservation
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16 of the public peace, health or safety, an emergency is hereby
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17 declared to exist, by reason whereof this act shall take effect and
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18 be in full force from and after its passage and approval.
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20 59-2-2945 DC 1/16/2024 6:08:30 PM
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