Bill Text: FL S1890 | 2018 | Regular Session | Introduced
Bill Title: Dismemberment Abortion
Spectrum: Partisan Bill (Republican 1-0)
Status: (Failed) 2018-03-10 - Died in Health Policy [S1890 Detail]
Download: Florida-2018-S1890-Introduced.html
Florida Senate - 2018 SB 1890 By Senator Mayfield 17-01519B-18 20181890__ 1 A bill to be entitled 2 An act relating to dismemberment abortion; amending s. 3 390.011, F.S.; defining the term “dismemberment 4 abortion”; amending s. 390.0111, F.S.; prohibiting a 5 physician from knowingly performing a dismemberment 6 abortion; providing an exception; prohibiting a woman 7 upon whom a dismemberment abortion is performed from 8 being prosecuted for a conspiracy to violate specified 9 provisions; providing an effective date. 10 11 Be It Enacted by the Legislature of the State of Florida: 12 13 Section 1. Present subsections (6) through (13) of section 14 390.011, Florida Statutes, are redesignated as subsections (7) 15 through (14), respectively, and a new subsection (6) is added to 16 that section to read: 17 390.011 Definitions.—As used in this chapter, the term: 18 (6) “Dismemberment abortion” means an abortion in which a 19 person, with the purpose of causing the death of a fetus, 20 dismembers the living fetus and extracts it one piece at a time 21 from the uterus through the use of clamps, grasping forceps, 22 tongs, scissors, or a similar instrument that, through the 23 convergence of two rigid levers, slices, crushes, or grasps, or 24 performs any combination of those actions on, a piece of the 25 fetus’s body to cut or rip the piece from the body. The term 26 does not include an abortion that exclusively uses suction to 27 dismember the body of a fetus by sucking pieces of the body into 28 a collection container. 29 Section 2. Present subsections (6) through (15) of section 30 390.0111, Florida Statutes, are redesignated as subsections (7) 31 through (16), respectively, present subsection (10) of that 32 section is amended, and a new subsection (6) is added to that 33 section, to read: 34 390.0111 Termination of pregnancies.— 35 (6) DISMEMBERMENT ABORTION PROHIBITED; EXCEPTION.— 36 (a) No physician shall knowingly perform a dismemberment 37 abortion. 38 (b) A woman upon whom a dismemberment abortion is performed 39 may not be prosecuted under this section for a conspiracy to 40 violate this section. 41 (c) This subsection does not apply to a dismemberment 42 abortion that is necessary to save the life of a pregnant woman 43 whose life is endangered by a physical disorder, illness, or 44 injury, provided that no other medical procedure would suffice 45 for that purpose. 46 (11)(10)PENALTIES FOR VIOLATION.—Except as provided in 47 subsections (3), (8)(7), and (13)(12): 48 (a) Any person who willfully performs, or actively 49 participates in, a termination of pregnancy in violation ofthe50requirements ofthis section or s. 390.01112 commits a felony of 51 the third degree, punishable as provided in s. 775.082, s. 52 775.083, or s. 775.084. 53 (b) Any person who performs, or actively participates in, a 54 termination of pregnancy in violation of this section or s. 55 390.01112 which results in the death of the woman commits a 56 felony of the second degree, punishable as provided in s. 57 775.082, s. 775.083, or s. 775.084. 58 Section 3. This act shall take effect July 1, 2018.