PRINTER'S NO. 1256

THE GENERAL ASSEMBLY OF PENNSYLVANIA

HOUSE BILL

No.

1194

Session of

2023

INTRODUCED BY SHUSTERMAN, PROBST, MADDEN, SANCHEZ, KHAN,

HOHENSTEIN, STURLA, OTTEN, BOROWSKI, KRAJEWSKI, KINKEAD,

GREEN, KINSEY AND MAYES, MAY 18, 2023

hereby enacts as follows:

Section 1. Section 3215(a)(2) and (3), (c), (i) and (j) of

Title 18 of the Pennsylvania Consolidated Statutes are amended

to read:

§ 3215. Publicly owned facilities; public officials and public

(a) Limitations.--No hospital, clinic or other health

facility owned or operated by the Commonwealth, a county, a city

or other governmental entity (except the government of the

United States, another state or a foreign nation) shall:

or incest if reported in accordance with requirements set

forth in subsection (c).

facility under the terms of which such physician or health

facility agrees to provide, induce or perform abortions,

except abortion necessary to avert the death of the woman or

to terminate pregnancies initiated by acts of rape or incest

if reported in accordance with requirements set forth in

subsection (c).]

* * *

will perform the abortion or has a pecuniary or proprietary

interest in the abortion there shall be a separate

certification from a physician who has no such interest.

caused by rape which, prior to the performance of the

abortion, has been reported, together with the identity of

the offender, if known, to a law enforcement agency having

the requisite jurisdiction and has been personally reported

by the victim.

agency and the other party to the incestuous act has been

named in such report.]

* * *

[(i) Public funds for legal services.--No Federal or State

funds which are appropriated by the Commonwealth for the

provision of legal services by private agencies, and no public

funds generated by collection of interest on lawyer's trust

accounts, as authorized by statute previously or subsequently

enacted, may be used, directly or indirectly, to:

proceeding or litigation which seeks to compel or prevent the

performance or assistance in the performance of any abortion,

or the provision of facilities for the performance of any

abortion.

Nothing in this subsection shall be construed to require or

prevent the expenditure of funds pursuant to a court order

awarding fees for attorney's services under the Civil Rights

Attorney's Fees Awards Act of 1976 (Public law 94-559, 90 Stat.

2641), nor shall this subsection be construed to prevent the use

of public funds to provide court appointed counsel in any

Commonwealth for the performance of any abortion pursuant to

subsection (c)(2) or (3) unless the Commonwealth agency first:

payment a statement signed by the physician performing the

abortion stating that, prior to performing the abortion, he

obtained a non-notarized, signed statement from the pregnant

woman stating that she was a victim of rape or incest, as the

case may be, and that she reported the crime, including the

identity of the offender, if known, to a law enforcement

agency having the requisite jurisdiction or, in the case of

described in paragraph (1). The statement shall bear the

notice that any false statements made therein are punishable

by law and shall state that the pregnant woman is aware that

false reports to law enforcement authorities are punishable

by law; and

protective service agency named in the statement of the

pregnant woman whether a report of rape or incest was filed

with the agency in accordance with the statement.

The Commonwealth agency shall report any evidence of false

of appropriate jurisdiction and, where appropriate, to the

Attorney General.]