1 STATE OF OKLAHOMA
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2 2nd Session of the 59th Legislature (2024)
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3 SENATE BILL 1778 By: Dahm
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6 AS INTRODUCED
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7 An Act relating to abortion; establishing certain
7 crime; providing certain exclusion; providing and
8 precluding certain affirmative defenses; granting
8 certain authority to the Attorney General; providing
9 penalty; providing for codification; and declaring an
9 emergency.
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12 BE IT ENACTED BY THE PEOPLE OF THE STATE OF OKLAHOMA:
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13 SECTION 1. NEW LAW A new section of law to be codified
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14 in the Oklahoma Statutes as Section 1-740.7 of Title 63, unless
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15 there is created a duplication in numbering, reads as follows:
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16 A. Any person who, with the intent to conceal an abortion from
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17 the parent or legal guardian of a pregnant, unemancipated minor,
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18 either procures an abortion, as defined in Section 1-730 of Title 63
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19 the Oklahoma Statutes, or obtains an abortion-inducing drug for the
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20 pregnant minor to use for an abortion by recruiting, harboring, or
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21 transporting the pregnant minor within this state commits the crime
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22 of abortion trafficking. As used in this subsection, the terms
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23 “procure” and “obtain” shall not include the provision of
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24 information regarding a health benefit plan.
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 1 B. 1. It shall be an affirmative defense to a prosecution
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2 under this section that a parent or guardian of the pregnant minor
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3 consented to trafficking of the minor.
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4 2. It shall not be an affirmative defense to a prosecution
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5 under this section that the abortion provider or the abortion-
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6 inducing drug provider is located in another state.
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7 C. The Attorney General shall have the authority, at his or her
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8 sole discretion, to prosecute a person for a violation of this
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9 section if the district attorney with jurisdiction refuses to
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10 prosecute the person for a violation of this section without regard
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11 to the facts or circumstances.
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12 D. Any person who commits the crime of abortion trafficking, as
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13 provided in subsection A of this section, shall be punished by
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14 imprisonment in the custody of the Department of Corrections for not
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15 less than two (2) years nor more than five (5) years.
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16 SECTION 2. It being immediately necessary for the preservation
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17 of the public peace, health or safety, an emergency is hereby
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18 declared to exist, by reason whereof this act shall take effect and
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19 be in full force from and after its passage and approval.
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21 59-2-3137 DC 1/17/2024 2:00:16 PM
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