Regular Session 2015-2016 Senate Bill 0888 P.N. 1874

PRINTER'S NO. 1874

THE GENERAL ASSEMBLY OF PENNSYLVANIA

SENATE BILL

No.

888

Session of

2015

INTRODUCED BY BROOKS, SCARNATI, ALLOWAY, HUTCHINSON,

EICHELBERGER, AUMENT, FOLMER, VULAKOVICH, ARGALL,

RESCHENTHALER, BARTOLOTTA, RAFFERTY, WARD, WHITE, YAW,

STEFANO, WAGNER, MENSCH, SMUCKER AND VOGEL, JUNE 6, 2016

REFERRED TO JUDICIARY, JUNE 6, 2016

AN ACT

Amending Title 18 (Crimes and Offenses) of the Pennsylvania

Consolidated Statutes, in abortion, further providing for

definitions, for medical consultation and judgment, for the

offense of abortion of unborn child of 24 or more weeks

gestational age, providing for dismemberment abortion ban and

further providing for reporting.

The General Assembly of the Commonwealth of Pennsylvania

hereby enacts as follows:

Section 1. Section 3203 of Title 18 of the Pennsylvania

Consolidated Statutes is amended by adding a definition to read:

§ 3203. Definitions.

The following words and phrases when used in this chapter

shall have, unless the context clearly indicates otherwise, the

meanings given to them in this section:

* * *

"Dismemberment abortion." The act of knowingly and

purposefully causing the death of an unborn child by means of

dismembering the unborn child and extracting the unborn child

one piece at a time from the uterus through the use of clamps,

grasping forceps, tongs, scissors or similar instruments. The

term does not include an abortion which is exclusively performed

through suction curettage.

* * *

Section 2. Sections 3204(b) and 3211 heading, (a) and (b) of

Title 18 are amended to read:

§ 3204. Medical consultation and judgment.

* * *

(b) Requirements.--Except in a medical emergency where there

is insufficient time before the abortion is performed, the woman

upon whom the abortion is to be performed shall have a private,

in-person medical consultation either with the physician who is

to perform the abortion or with the referring physician. The

consultation will be in a place, at a time and of a duration

reasonably sufficient to enable the physician to determine

whether, based on his best clinical judgment, the abortion is

necessary.

* * *

§ 3211. Abortion on unborn child of [24] 20 or more weeks

gestational age.

(a) Prohibition.--Except as provided in subsection (b), no

person shall perform or induce an abortion upon another person

when the gestational age of the unborn child is [24] 20 or more

weeks.

(b) Exceptions.--

(1) It shall not be a violation of subsection (a) if an

abortion is performed by a physician and that physician

reasonably believes that it is necessary to prevent either

the death of the pregnant woman or the substantial and

irreversible impairment of a major bodily function of the

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woman. No abortion shall be deemed authorized under this

paragraph if performed on the basis of a claim or a diagnosis

that the woman will engage in conduct which would result in

her death or in substantial and irreversible impairment of a

major bodily function.

(2) It shall not be a violation of subsection (a) if the

abortion is performed by a physician and that physician

reasonably believes, after making a determination of the

gestational age of the unborn child in compliance with

section 3210 (relating to determination of gestational age),

that the unborn child is less than [24] 20 weeks gestational

age.

* * *

Section 3. Title 18 is amended by adding a section to read:

§ 3211.1. Dismemberment abortion ban.

(a) Prohibition before 20 weeks of gestational age.--An

individual may not perform or attempt to perform a dismemberment

abortion upon another individual when the gestational age of the

unborn child is less than 20 weeks unless both of the following

apply:

(1) The individual performing or attempting to perform

the dismemberment abortion is a physician and certifies in

writing that, based upon the physician's medical examination

of the pregnant woman and the physician's medical judgment,

the abortion is necessary to prevent either the death of the

pregnant woman or the substantial and irreversible impairment

of a major bodily function of the woman.

(2) The physician's judgment with respect to the

necessity for the abortion has been concurred in by one other

licensed physician who certifies in writing that, based

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upon his or her separate personal medical examination of

the pregnant woman and his or her medical judgment, the

abortion is necessary to prevent either the death of the

pregnant woman or the substantial and irreversible

impairment of a major bodily function of the woman.

(b) Liability.--The following individuals shall not be

liable for performing or attempting to perform a dismemberment

abortion:

(1) The female patient upon whom the dismemberment

abortion is performed or attempted to be performed.

(2) A nurse, technician, secretary or receptionist who

is not a physician but is acting at the direction of a

physician.

(3) A pharmacist or other individual who fills a

prescription or provides instruments or materials used in a

dismemberment abortion at the direction of or to a physician.

commits a felony of the third degree.

Section 4. Section 3214(a) of Title 18 is amended to read:

§ 3214. Reporting.

(a) General rule.--For the purpose of promotion of maternal

health and life by adding to the sum of medical and public

health knowledge through the compilation of relevant data, and

to promote the Commonwealth's interest in protection of the

unborn child, a report of each abortion performed shall be made

to the department on forms prescribed by it. The report forms

shall not identify the individual patient by name and shall

include the following information:

(1) Identification of the physician who performed the

abortion, the concurring physician as required by section

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3211(c)(2) (relating to abortion on unborn child of [24] 20

or more weeks gestational age) or 3211.1(a)(2) (relating to

dismemberment abortion ban), the second physician as required

by section 3211(c)(5) or 3211.1(a)(2) and the facility where

the abortion was performed and of the referring physician,

agency or service, if any.

(2) The county and state in which the woman resides.

(3) The woman's age.

(4) The number of prior pregnancies and prior abortions

of the woman.

(5) The gestational age of the unborn child at the time

of the abortion.

(6) The type of procedure performed or prescribed and

the date of the abortion.

(7) Pre-existing medical conditions of the woman which

would complicate pregnancy, if any, and, if known, any

medical complication which resulted from the abortion itself.

(8) The basis for the medical judgment of the physician

who performed the abortion that the abortion was necessary to

prevent either the death of the pregnant woman or the

substantial and irreversible impairment of a major bodily

function of the woman, where an abortion has been performed

pursuant to section 3211(b)(1) or 3211.1(a)(1).

(9) The weight of the aborted child for any abortion

performed pursuant to section 3211(b)(1) or 3211.1(a)(1).

(10) Basis for any medical judgment that a medical

emergency existed which excused the physician from compliance

with any provision of this chapter.

(11) The information required to be reported under

section 3210(a) (relating to determination of gestational

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age).

(12) Whether the abortion was performed upon a married

woman and, if so, whether notice to her spouse was given. If

no notice to her spouse was given, the report shall also

indicate the reason for failure to provide notice.

* * *

Section 5. This act shall take effect in 60 days.

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