SB 391 - This act repeals provisions of law relating to the performance and regulation of abortions and establishes the "Abolition of Abortion in Missouri Act". This act adds a definition of "person" to the criminal code to include a human being from the moment of conception. Additionally, this act grants the Attorney General and prosecuting and circuit attorneys the authority to enforce certain provisions of the criminal code relating to offenses against the person, including murder and manslaughter, as they relate to abortion, regardless of any contrary federal act, law, treaty, decision, order, rule, or regulation. Any court decision that has the effect of enjoining the state from these actions shall be treated as nonauthoritative, void, and of no force and no state government agency or official and no law enforcement agency or officer shall assist or cooperate in any way with the enforcement of such court orders.

In current law, the affirmative defense of duress is not available for defendants accused of murder. This act makes that defense available in cases of murder by abortion. Additionally, this act modifies the affirmative defense of justification to make Class A felonies and murder offenses justifiable and not criminal when necessary as an emergency measure to avoid imminent public or private injury in a situation that developed through no fault of the actor and which is of such gravity that the desirability of avoiding the injury outweighs the penalty for the offense. This act also modifies the defense of reasonable belief that certain conduct does not constitute an offense by making unreasonable any reliance based upon an official statement permitting the unjustified homicide of an unborn child.

In any investigation or proceeding to enforce the provisions of this act, a court may order that a witness shall not be excused from giving testimony or producing evidence on the grounds that such testimony or evidence may incriminate the witness, but such witness shall not be prosecuted or subjected to penalties on account of such testimony or evidence.

This act has an emergency clause.

This act is similar to HB 2285 (2020).

SARAH HASKINS