OUTCOME SUMMARY

• House advanced it 62-38
• Senate approved 28-19
• Governor Holcomb signed

Key Positives

1. Section 6 - Excluding emotional and psychological reasons for an abortion
2. Section 10 - Hotline for coercion and sex trafficking. Storage of every document that requires a signature of the pregnant mother.
3. Section 18,46,47 - Health plan coverage only for legal abortions, including the Affordable Care Act
4. Section 21 - 
   • Abortion inducing drugs 
     1. May only be prescribed, dispensed, and consumed in the presence of the licensed physician on record for performing the abortion
     2. The pregnant woman must be informed about the possibility of changing her mind before the second pill is taken.  
     3. All of this has to be held in records.
   • Protections against partial birth and dismemberment abortions
   • Telemedicine may not be used
5. Section 22 - Very good voluntary informed consent content, in writing, retained documents
6. Section 23 - Requires a second doctor to be present when aborting a baby after viability later in the term - so if a baby is born alive that it can receive immediate medical treatment
7. Section 26 - Reporting complications from abortions
8. Section 27 - Reporting on abortions
9. Section 31 - Disposal is tracked - perhaps effectively enough to prevent sale of fetal material
10. Section 32 - Ban sex selective abortion
11. Section 33 - Ban abortion for Down Syndrome
12. Section 34 - Ban abortion for disability
13. Section 35 - Ban abortion for race/ethnicity selection
14. Section 38 - Maternity mortality review - a study on how abortion laws may or may not impact the mother’s mortality
15. Section 41 - Revoking a physician’s license for violating statutes on abortions or failing to transmit the pregnancy termination report - on the “preponderance of the evidence”
16. Section 53 - A task force is set up to review prosecutors who do not enforce the Indiana code or Constitution (see failures also)

Key Legislative Gaps or Failures

• Section 5 - The claim or rape or incest requires no proof, charge, or conviction to justify a medically assisted abortion
• Section 19 - For some reason the General Assembly decided to removed statements about fetal pain, stimuli and stress
• Section 21 - Required circumstances of legal abortion
  • A father has absolutely no rights in the matter of an abortion
  • A physician can unilaterally decide to abort the baby without the woman’s consent or that of the father or the parent (in the case of a minor).
  • A physician can make the self-judgment if a woman is telling the truth regarding rape or incest - without any criminal filing, investigation, charges or conviction.
• Section 24 - Pregnant Minor - A juvenile court may subjectively grant a minor an abortion without parental consent simply if they believe if it good for the welfare of the minor, or in their “best interest”, or if the “minor is “mature enough” to make her own decision. 
  • “Welfare” is vague.  According to the Oxford Dictionary - welfare is defined to be “the health, happiness, and fortunes of a person”
  • All court costs are paid by the taxpayers
• Section 28 - Criminal Penalties - Imprisonment is light, as well as the fines.  Section 50 seems to remove abortion from Criminal Law in Indiana from being considered murder, involuntary manslaughter and feticide.
• Section 29 - DIY abortions have no disposal regulations
• Section 48 - While the wording of “defense to any crime” is not familiar, this is interpreted to mean that a pregnant woman may never be charged with a crime for terminating her pregnancy - even when doing so outside of the “required circumstances for legal abortion”.
• Section 49 - Neither a pregnant woman, and a physician performing an abortion, even one not permitted, seems not to be guilty of feticide.
• Section 50 - Criminal Law for Homocide - abortions performed without Indiana-licensed medical assistance by the pregnant woman herself have no criminal penalty at all.  It is no longer considered murder, involuntary manslaughter, or infanticide to kill an unborn baby in the state of Indiana.
• Section 53 - A task force is decides if the Attorney General will be involved, it not clear if this oversight is permanent, and is not part of Indiana Code

OUTLINE

This section simply outlines the Bill so the reader may better understand what it contains at a summary level.

Link to the Bill
 

SECTION 1 - Former definition of “Abortion Clinic”

• Grade: Neutral
• Criticality: Low
• Bill Page: 1
• IC: 16-18-2-1.5 General Provisions and Definitions - Definitions - Abortion Clinic
• Disposition: Repealed/removed
• Criminal Penalties: None - may need to come back to read in context of Indiana Code to confirm this.
• Possible Significance: Sell that abortion clinics is a banned term - no longer exists
• Comments: None

SECTION 2 - Definition of “Affiliate”

• Grade: Neutral
• Criticality: Low
• Bill Page: 1
• IC: 16-18-2-9.4 General Provisions and Definitions - Definitions - Affiliate
• Disposition: Repealed/removed
• Criminal Penalties: None - may need to come back to read in context of Indiana Code to confirm this.
• Possible Significance:  Not clear
• Comments: Would require further research to understand the context within IC 16-18-2 

SECTION 3 - Definition of “ambulatory outpatient surgical center”

• Grade: Neutral
• Criticality: Low
• Bill Page: 1-3
• IC: 16-18-2-14 General Provisions and Definitions - Definitions - ambulatory outpatient surgical center
• Disposition: Amended 
• Primary Purpose: Adjusted definition for AOSC to be majority owned by a hospital for purposes of 16-34 (abortion)
• Criminal Penalties: None - may need to come back to read in context of Indiana Code to confirm this.
• Possible Significance: Later used to define where provider assisted abortions can take place
• Comments: None

SECTION 4 - Definition of “healthcare provider”

• Grade: Neutral
• Criticality: Low
• Bill Page: 3-5
• IC: 16-18-2-163 General Provisions and Definitions - Definitions - healthcare provider
• Disposition: Amended 
• Primary Purpose: Remove reference of purpose to section 1.5 of the chapter (which is simply a reference to abortion clinic.
• Criminal Penalties: None - may need to come back to read in context of Indiana Code to confirm this.
• Possible Significance: None
• Comments: None

SECTION 5 - Definition of “rape or incest

•  Grade: Somewhat Negative
• Criticality: High
• Bill Page: 5-6
• IC: 16-18-2-306.7 General Provisions and Definitions - Definitions - rape or incest - for purpose of 16-34 (Abortion)
• Disposition: New
• Criminal Penalties: None - may need to come back to read in context of Indiana Code to confirm this.
• Primary Purpose: Defines incest to be sexual intercourse with a biological relative (parent, child, grand parent, grandchild, sibling, aunt, uncle, niece, or nephew).  It defines sexual misconduct with a minor, and does not require any charge to be filed to qualify.
• Comments: 
  • For incest: No definition for non-blood relatives, and therefore, apparently step-relative incestual-like relationships are not regulated later in this bill.  Though the bill does refer us further to IC 35-42 (sex crimes) 4-1(rape), 4-3(child molesting), 4-7(child seduction), 4-9 (sexual misconduct with a minor).
  • For sexual misconduct with a minor:  This definition will be used later in the bill as a reason to qualify for an abortion.  That is why it is very important to note that no charges have to be filed.  This means, perhaps, that a woman could lie about it to get an abortion, without consequence and accountability.

SECTION 6 - Definition of “serious health risk”

• Grade: Positive
• Criticality: HIGH
• Bill Page: 6
• IC: 16-18-2-327.9 General Provisions and Definitions - Definitions - serious health risk
• Disposition: Amended (only change was to refer to IC 16-34)
• Primary Purpose: Defined as a reasonable medical judgment that a condition exists to preserve the mother against serious death or substantial irreversible physical impairment of a major bodily function.  It specifically excludes psychological and emotional conditions, and where a mother claims that she will engage in conduct that would result in her death or physical harm.
• Criminal Penalties: None - may need to come back to read in context of Indiana Code to confirm this.
• Possible Significance: Used to determine later as a condition where provider assisted abortion would be permitted
• Comments: None

SECTION 7 - Hospital Executive Boards

• Grade: Neutral
• Criticality: Low
• Bill Page: 6
• IC: 16-21-1-7 Hospital - Council - Rules
• Disposition: Amended, and significant sections removed
• Primary Purpose: Removed reference to abortion clinics consitent with the rest of the bill.  Removed 2018 rules for construction and equipment of hospitals.
• Criminal Penalties: None - may need to come back to read in context of Indiana Code to confirm this.
• Possible Significance: Not understood
• Comments:
  • This section is confusing as it goes on to say that a government entity can still store individual immunization status, provide HIPAA compliant status info, or maintain a record for the purpose of public health administration.

SECTION 8 - Removed ‘abortion clinics’

•  Grade: Neutral
• Criticality: Low
• Bill Page: 7
• IC: 16-21-2-1 Hospital - Licensing - application of chapter
• Disposition: Amended
• Primary Purpose: Removes abortion clinics for this chapter.
• Criminal Penalties: None - may need to come back to read in context of Indiana Code to confirm this.
• Possible Significance: None
• Comments: None

SECTION 9 - Removed ‘abortion clinics’ from state department licensing

• Grade: Neutral
• Criticality: Low
• Bill Page: 7
• IC: 16-21-2-1 Hospital - Licensing - state department regulation
• Disposition: Amended
• Primary Purpose: Simply replaces ‘abortion clinic’ with ‘ambulatory outpatient surgical center’, hospitals and birthing centers
• Criminal Penalties: None - may need to come back to read in context of Indiana Code to confirm this.
• Possible Significance:  Unknown
• Comments: None

SECTION 10 - State Department rules for Birthing Centers and other facilities mention in chapter 2 (licensing of hospitals)

• Grade: Positive
• Criticality: Medium
• Bill Page: 7-9
• IC: 16-21-2-1 Hospital - Licensing - governing board
• Disposition: Amended
• Primary Purpose: Licensing qualifications, requirements checklist including informed consent brochures applicable to 16-34-2 (abortion chapter).  Provisions for hotlines for coercion, sex trafficking, law enforcement training on identifying and assisting women in those situations, storage of medical records for all forms that require a signature of a patient.  Also removed sections from 2019 applying to abortion clinics.
• Criminal Penalties: 
  • For operating or advertising without a valid license: Class A misdemeanor = [A person who commits a Class A misdemeanor shall be imprisoned for a fixed term of not more than one (1) year; in addition, he may be fined not more than five thousand dollars ($5,000)]
• Possible Significance: The requirements stated in the “purpose” section are critical to helping to manage informed consent, coercion, sex trafficing and record keeping.
• Comments: No clear penalty for failing to adhere to what is listed in the purpose section above.

SECTION 11 - State Department inspection of abortion clinics

• Grade: Neutral
• Criticality: Low
• Bill Page: 9
• IC: 16-21-2-2.6 Hospital - Licensing - Inspection of Abortion Clinics
• Disposition: Repealed
• Primary Purpose: If there are no ‘abortion clinics’ then there are no clinics to inspect
• Criminal Penalties: None - may need to come back to read in context of Indiana Code to confirm this.
• Possible Significance: Unknown
• Comments: If abortion clinics no longer exist, and therefore, they cannot be inspected.  Are other facilities that will now perform abortions being inspected?

SECTION 12 - Hospital Licensing

• Grade: Neutral
• Criticality: Low
• Bill Page: 9
• IC: 16-21-2-10 Hospital - Licensing - Necessity of License
• Disposition: Amended
• Primary Purpose: Remove reference to abortion clinics
• Criminal Penalties: None - may need to come back to read in context of Indiana Code to confirm this.
• Possible Significance: None
• Comments: None 

SECTION 13 - Abortion Clinic Licensing

• Grade: Neutral
• Criticality: Low
• Bill Page: 9-10
• IC: 16-21-2-11 Hospital - Licensing - license;application;form etc.
• Disposition: Amended
• Primary Purpose: Remove references for application for an abortion clinic
• Criminal Penalties: None - may need to come back to read in context of Indiana Code to confirm this.
• Possible Significance: None - there are no more abortion clinics
• Comments: Can it be assumed that hospitals have similar licensing requirements?

SECTION 14 - Abortion Clinic Licensing

• Grade: Neutral
• Criticality: Low
• Bill Page: 10-11
• IC: 16-21-2-14 Hospital - Licensing - License; duration; transferability; posting; renewal
• Disposition: Amended
• Primary Purpose: Remove reference to abortion clinic
• Criminal Penalties: None - may need to come back to read in context of Indiana Code to confirm this.
• Possible Significance: None
• Comments: None

SECTION 15 - Third Party Billing

• Grade: Neutral
• Criticality: Low
• Bill Page: 11
• IC: 16-21-2-14 Hospital - Licensing - Third Party Billing
• Disposition: Amended
• Primary Purpose: Remove reference to abortion clinic
• Criminal Penalties: None - may need to come back to read in context of Indiana Code to confirm this.
• Possible Significance: None
• Comments: None

SECTION 16 - Automatic External Defibrillators

• Grade: Neutral
• Criticality: Low
• Bill Page: 11
• IC: 16-31-6.5-2
• Disposition: Amended
• Primary Purpose: Remove reference to abortion clinic
• Criminal Penalties: None - may need to come back to read in context of Indiana Code to confirm this.
• Possible Significance: None
• Comments: None

SECTION 17 - In Vitro Fertilization

• Grade: Neutral
• Criticality: Low
• Bill Page: 11
• IC: 16-34-1-0.5 Performance of Abortions; Use of Public Funds; Civil Actions
• Disposition: New
• Primary Purpose: Calls out that this article does not apply to in vitro fertilization
• Criminal Penalties: None - may need to come back to read in context of Indiana Code to confirm this.
• Possible Significance: Simply, the public abortion policy doesn’t apply to that scenarion
• Comments: Assuming that if something doesn’t go well with in vitro, then it’s not considered to be an abortion.

SECTION 18 - Health Plan Coverage

• Grade: Neutral
• Criticality: Low
• Bill Page: 11-12
• IC: 16-34-1-8 Performance of Abortions; Use of Public Funds; Civil Actions - healthcare plan coverage
• Disposition: Amended
• Primary Purpose: Permits healthcare coverage for abortions that are considered legal (permitted under 16-34-2-1)
• Criminal Penalties: None - may need to come back to read in context of Indiana Code to confirm this.
• Possible Significance: Simplifies the code, placing all exceptions into 16-34-2-1 instead of listing it here also.
• Comments: None 

SECTION 19 - Fetal Pain, Stimuli & Stress

• Grade: Negative
• Criticality: High
• Bill Page: 12
• IC: 16-34-1-9 Performance of Abortions; Use of Public Funds; Civil Actions - Findings, Compelling State Interest
• Disposition: Repealed
• Primary Purpose: Removes wording that the Indiana General Assembly believes that there are compelling medical reasons in protecting life.
• Criminal Penalties: None - may need to come back to read in context of Indiana Code to confirm this. 
• Possible Significance: Apparently the IGA no longer felt it necessary to point this out.  
• Comments: This is a travesty to remove what was once considered part of the rationale to protect the life of the unborn.  It is important that people see this for generations and hold fast.

SECTION 20 - State Consent for Abortion (ward/guardianship of minor)

• Grade: Positive
• Criticality: Low
• Bill Page: 12
• IC: 16-34-1-10 Performance of Abortions; Use of Public Funds; Civil Actions - 
• Disposition: Amended
• Primary Purpose: State may only consent to an abortion for a minor who is a ward or in guardianship of the state if the abortion is permitted under 16-34-2-1
• Criminal Penalties: None - may need to come back to read in context of Indiana Code to confirm this. 
• Possible Significance: None
• Comments: None 

SECTION 21 - Required circumstances of legal abortion

• Grade: Negative
• Criticality: High
• Bill Page: 12-15
• IC: 16-34-2-1 Requirements for Performance of Abortion; Criminal Penalties - Requirements
• Disposition: Amended
• Primary Purpose: Adds important conditions to determine what abortions are legal
  • Abortions shall in all instances be a criminal act, except when performed under the following circumstances
    • • (1) Abortions can still be performed up until the earlier of the ability for a unborn baby to survive outside the uterus or 20 weeks postfertilization age (except for reasons of sex and disability selection per 16-34-4), IF…
      • (A) Medical judgment, if either of these apply
        • Necessary to prevent any serious health risk to the pregnant woman or to save the pregnant woman’s life 
        • The fetus is diagnosed with a lethal fetal anomaly
      • (B) Abortion is performed in a licensed facility
      • (C) The woman submitting for an abortion files a consent with her physician
        • If physician judges that the abortion is necessary to save the life of the woman, then consent is not required
      • (D) A minor submitting for an abortion has filed the written consent of her parent or legal guardian with her physician (if required under section 4 where a judge can waive this)
      • (E) Attending physician has to certify in writing their medical judgment in (
      • ABORTION INDUCING DRUGS
        • Up to 8 weeks - Abortion inducing drugs cannot be dispensed, prescribed or administered or likewise given to a preganent woman after 8 weeks postfertilization age.
        • Other regulations on prescription, dispensing, consuming in the presence of the physician, receiving forms, signing forms, being informed about reversing the decision if the 2nd pill is not taken, and records retention.
    • (2) Abortions can still be performed during the first 10 weeks post fertilization age of the fetus (except for reasons of sex and disability selection per 16-34-4), IF…
      • (A) Preganancy is the result of rape or incest
      • (B) Consent process is followed in (1)(C) through (1)(D) above
      • (C) Performed in licensed facility
      • (D) Physician certifies in writing that pregancy is the result of rape or incest - with supporting facts
    • (3) Abortions can still be performed with the same time frames for the fetus and same medical exceptions as stated in (1) and for the life of the mother, with the following regulations on the method 
      • (b) Cannot knowingly or intentionally perform a partial birth abortion unless it is truly necessary to save the mother’s life, and there are no other sufficient medical procedures 
      • (c) Cannot knowingly or intentionally perform a dismemberment abortion unless it is truly necessary to save the mother’s life, and there are no other sufficient medical procedures
      • (d) Telemedicine may not be used to provide any abortion or prescription that would result in abortion 
• Criminal Penalties: Listed in SB 1 Section 28
• Possible Significance: Self explanatory
• Comments: 
  • The father has no rights/say in any of the situations for consent. 
  • A physician can unilaterally decide to abort a baby to save the life of the woman - regardless is she is coherent to make her own decision
  • The physician can made the judgement on rape or incest with no written affidavid from the woman, no criminal filing, and no legal evidence

SECTION 22 - Voluntary Informed Consent

• Grade: Positive
• Criticality: High
• Bill Page: 15-21
• IC: 16-34-2-1.1
• Disposition: Amended
• Primary Purpose: Regulations specifying the timings, conditions and responsibilities of informed consent.  
  • Orally and in writing + good documentation practices for the files
  • Follow up care
  • Abortion inducing drugs - 2nd dose
  • Objective scientific risks of abortion inducing drugs
  • When human life begins
  • Probable gestational age, potential of survival
  • Fetal pain
  • Medical risks of carrying to full term
  • Availability of ultrasound imaging and heart beat tone services
  • Child abuse - for pregancy of a child less thatn 15
  • Cannot decide solely based on color, sex etc.
  • No right to coerce
  • Availability of medical assistance benefits 
  • Father’s legal requirement for support
  • Adoption alternatives services
  • Physical risks of having an abortion
  • Safe haven
  • Emergency telephone
  • Remains disposal
  • Pregnant woman’s certifications in writing that she has received 
  • Opportunity to view ultrasound imaging and hear fetal heart (at no charge), or decline
  • Ask if being coerced
  • Disclosure of credible information regarding coercion 
  • …
• Criminal Penalties: None
• Possible Significance: Requires no further explanation
• Comments: Very good requirements for communication, understanding, documentation, transparency. 

SECTION 23 - Late Term Abortions

• Grade: Neutral
• Criticality: Low
• Bill Page: 21
• IC: 16-34-2-3 Conditions for abortion after viability or 20 weeks; attendance of physician for preservation of life and health of viable unborn child; certificates of birth or death; offense for violation; ward
• Disposition: Amended
• Primary Purpose: Simplified reference to section 1 of this chapter (legal abortion)
• Criminal Penalties: None - may need to come back to read in context of Indiana Code to confirm this.
• Possible Significance: None
• Comments: None 

SECTION 24 - Pregnant Minor

• Grade: VERY NEGATIVE
• Criticality: HIGH
• Bill Page: 22-25
• IC: 16-34-2-4 Consent of parent or legal guardian or custodian; notification; waiver of consent or notification; representation by attorney; confidentiality; emergency abortions; medical records; penalties
• Disposition: Amended
• Primary Purpose: This section provides exceptions for minors who are pregnant as a result of rape or incest by a parent, legal guardian, or custodiant of an unemancipated minor
• Criminal Penalties: Falsely claiming to be the parent or legal guardian or custodian - level 6 felony (IC 35-50-2-7 - shall be imprisoned for a fixed term of between six (6) months and two and one-half (2 1/2) years, with the advisory sentence being one (1) year. In addition, the person may be fined not more than ten thousand dollars ($10,000)
• Possible Significance: Significant legal loopholes for subjective judgements by liberal activist judges permit them to subjectively determine what is good for welfare, what welfare includes, what is the “best interest”, and what sufficient maturity is.
• Comments: 
  • (c) A minor who objects to parental consent may petition juvenile court in the county where they reside or in the county where the abortion is to be performed
  • (d) A physician can also petition the court for a waiver on behalf of the minor if they think the parental consent requirement would have an adverse effect on the welfare of the pregnant minor or her pregnancy
    • “Welfare” is vague.  According to the Oxford Dictionary - welfare is defined to be “the health, happiness, and fortunes of a person”  - Could the court then interpret the law to permit a minor an abortion without parental consent simply because having the baby will cause financial hardship?
  • (e) Court can simply find it to be “in the best interest” to obtain an abortion without parental notification.
    • “Best interest” is vague.  Could this then leave it to liberal judges to liberally decide what is in the ‘best interest’?
  • (f) The requirement for parental consent shall be waived if the court finds that the minor is simply mature enough to make the abortion decision independently, or if it is in her ‘best interest’.
    • “Mature enough” is vague.  This means a liberal court may subjectively decide if the pregnant woman is mature enough in their own eyes.
  • This is all done “free of charge” at the host of the tax payer

SECTION 25 - Physician Qualifications to Perform Abortions

• Grade: Neutral
• Criticality: Low
• Bill Page: 25
• IC: 16-34-2-4.5 Admitting privileges requirement; notification to patient of hospital location; confirmation of admitting privileges; redaction
• Disposition: Amended
• Primary Purpose: Adds abortion inducing drug as included in the types of abortions that a physician must be qualified for, and adds ambulatory outpatient surgical center again
• Criminal Penalties: None - may need to come back to read in context of Indiana Code to confirm this. 
• Possible Significance: Minor
• Comments: Mentions that the physician can be from a contiguous county.  This may be minor, but it provides more latitude for reasons I don’t understand - possibly for staffing constraints in a county.

SECTION 26 - Complications from Abortions

• Grade: Neutral
• Criticality: Low
• Bill Page: 26-29
• IC: 16-34-2-4.7 Abortion complication
• Disposition: Amended
• Primary Purpose: Reporting of complications to the state department on a quarterly basis
• Criminal Penalties: Class B misdemeanor (35-50-3-3  imprisoned for a fixed term of not more than one hundred eighty (180) days; in addition, he may be fined not more than one thousand dollars ($1,000)
• Possible Significance: Minor
• Comments: None 

SECTION 27 - Reporting on Abortions

• Grade: Positive
• Criticality: High
• Bill Page: 29-32
• IC: 16-34-2-5 Forms to be supplied to health care provider; purpose; completion by health care provider; offense of failing to complete or timely transmit; annual public report
• Disposition: Amended
• Primary Purpose: 
  • Add the reason for the abortion to the reporting.
  • State department shall make statistics available to the public on a quarterly basis
• Criminal Penalties: Class B misdemeanor (35-50-3-3  imprisoned for a fixed term of not more than one hundred eighty (180) days; in addition, he may be fined not more than one thousand dollars ($1,000) 
• Possible Significance: 
• Comments: None 

SECTION 28 - Criminal Penalties

• Grade: Neutral
• Criticality: High
• Bill Page: 32
• IC: 16-34-2-7 Performance of unlawful abortion; offense
• Disposition: Amended
• Primary Purpose: Penalty for violating portions of section 1 (section 21 of SB 1)
• Criminal Penalties: 
  • A person who performs an illegal abortion in violation of section 1 (the primary legal conditions):
    Level 5 felony [  imprisoned for a fixed term of between one (1) and six (6) years, with the advisory sentence being three (3) years. In addition, the person may be fined not more than ten thousand dollars ($10,000) ]
  • A physician who violates section 1(a)(1)(D) or 4: (parental consent, rules for pregnant minors)
    Class A misdemeanor [ imprisoned for a fixed term of not more than one (1) year; in addition, he may be fined not more than five thousand dollars ($5,000) ]
  • A person who performs an illegal abortion in violation of section 1.1 (voluntary informed consent):
    Class A infraction [ $10,000 fine? ]
  • The woman who an abortion is performed upon has no criminal penalties
• Possible Significance: Deterrent to breaking the law
• Comments: 
  • The woman who an abortion is performed upon has no criminal penalties
  • A woman who finds another means to kill her unborn baby appears to have no criminal penalties (including self purchased abortion drugs, going out of state, or other means)

SECTION 29 - Disposal of Remains

• Grade: Somewhat Negative
• Criticality: Low
• Bill Page: 32-33
• IC: 16-34-3-2 Right to determine final disposition of aborted fetus; determination; parental consent; documentation
• Disposition: Amended
• Primary Purpose: Simply adjusts wording for the abortion facility, otherwise no significant changes.  Primary point is the woman’s choice of disposal must be documented, or parental consent for a minor.
• Criminal Penalties: None - may need to come back to read in context of Indiana Code to confirm this.
• Possible Significance: Low, except for compliance to procedures which would hopefully prevent the distribution/use of fetal parts
• Comments: A woman using an abortion inducing drug can disposal of the fetal body any way she chooses.

SECTION 30 - Cost of Alternative Disposal

• Grade: Neutral
• Criticality: Low
• Bill Page: 33
• IC: 16-34-3-3 Responsibility for costs
• Disposition: Amended
• Primary Purpose: Disposal 
• Criminal Penalties: None - may need to come back to read in context of Indiana Code to confirm this.
• Possible Significance: None
• Comments: None 

SECTION 31 - Disposal Transit & Records

• Grade: Positive
• Criticality: Low
• Bill Page: 33-35
• IC: 16-34-3-4 Disposition by cremation or interment; permits; confidential information
• Disposition: Amended
• Primary Purpose: Must comply with regulations on the disposal of human remains.  External contracts with licensed funeral homes must be available for review by the state department.  Full logging of specifics must be made and kept on file.  Receiving party must confirm that the number of fetal remains matches the permit.
• Criminal Penalties:  None - may need to come back to read in context of Indiana Code to confirm this.
• Possible Significance: Account for fetal tissue
• Comments: None 

SECTION 32 - Sex Selective Abortions

• Grade: Positive
• Criticality: Moderate
• Bill Page: 35-36
• IC: 16-34-4-5 Sex selective abortion prohibited
• Disposition: Amended
• Primary Purpose: Bans abortions for sex selective reasons.  Rewords to point to 16-34-2 (Requirements for Performance of Abortion; Criminal Penalties).
• Criminal Penalties: None - may need to come back to read in context of Indiana Code to confirm this.
• Possible Significance: As stated
• Comments: None 

SECTION 33 - Ban Abortion for Down Syndrome

• Grade: Positive
• Criticality: Moderate
• Bill Page: 36
• IC: 16-34-4-6 Abortion prohibited if a person knows that the pregnant woman is seeking the abortion solely because the fetus has been diagnosed with Down syndrome or has a potential diagnosis of Down syndrome
• Disposition: Amended
• Primary Purpose: Rewords to point to 16-34-2 (Requirements for Performance of Abortion; Criminal Penalties). 
• Criminal Penalties: None - may need to come back to read in context of Indiana Code to confirm this.
• Possible Significance: As stated
• Comments: None

SECTION 34 - Ban Abortion for Disability

• Grade: Positive
• Criticality: Moderate
• Bill Page: 36
• IC: 16-34-4-7 Abortion prohibited if the person knows that the abortion is being sought solely because the fetus has been diagnosed with any other disability or has a potential diagnosis of any other disability
• Disposition: Amended
• Primary Purpose: Rewords to point to 16-34-2 (Requirements for Performance of Abortion; Criminal Penalties). 
• Criminal Penalties: None - may need to come back to read in context of Indiana Code to confirm this.
• Possible Significance: As stated
• Comments: None 

SECTION 35 - Ban Abortion for Race or Ethnicity

• Grade: Positive
• Criticality: Moderate
• Bill Page: 36-47
• IC: 16-34-4-8 bortion prohibited if the person knows that the abortion is being sought solely because of the race, color, national origin, or ancestry of the fetus
• Disposition: Amended/Repealed-removed
• Primary Purpose: Rewords to point to 16-34-2 (Requirements for Performance of Abortion; Criminal Penalties).  
• Criminal Penalties: None - may need to come back to read in context of Indiana Code to confirm this.
• Possible Significance: As stated
• Comments: None 

SECTION 36 - Miscellaneous Provisions Repealed

• Grade: Neutral
• Criticality: Low
• Bill Page: 37
• IC: 16-34-5  Miscellaneous Provisions
• Disposition: Repealed
• Primary Purpose: Inspections and licensing of abortion clinics
• Criminal Penalties: None
• Possible Significance: None
• Comments: None 

SECTION 37 - Infectious Waste

• Grade: Neutral
• Criticality: Low
• Bill Page: 37
• IC: 16-41-16-1 Communicable Disease: Treatment of Infectious Waste
• Disposition: Amended
• Primary Purpose: Simply removed reference to abortion clinics
• Criminal Penalties: None
• Possible Significance: None
• Comments: None 

SECTION 38 - Maternal Mortality Review Committee

• Grade: Neutral
• Criticality: Low
• Bill Page: 37-38
• IC: 16-50-1-3 Statewide maternal mortality review committee established; duties; authority
• Disposition: Amended
• Primary Purpose: Adds “shall study how changes in the state’s abortion laws affect maternal mortality in Indiana”
• Criminal Penalties: None
• Possible Significance: Perhaps address calls that abortion bans cause women to put themselves at risk when performing DIY abortions
• Comments: None 

SECTION 39 - Maternal Mortality Review Period Extension

• Grade: Neutral
• Criticality: Low
• Bill Page: 38
• IC: 16-50-1-12 Review Period for ARTICLE 50. MATERNAL MORTALITY REVIEW
• Disposition: Amended/Repealed-removed
• Primary Purpose: Extended article 50 from June 30, 2025 to 2027
• Criminal Penalties: None
• Possible Significance: None
• Comments: None 

SECTION 40 - Definition of Provider Facility

• Grade: Neutral
• Criticality: Low
• Bill Page: 38
• IC: 25-1-9.8-10 Provider facility
• Disposition: Amended
• Primary Purpose: Simply removed references to abortion clinic
• Criminal Penalties: None 
• Possible Significance: None
• Comments: None

SECTION 41 - Revoking the Physician License

• Grade: Positive
• Criticality: High
• Bill Page: 38-39
• IC: 25-22.5-8-6 Revocation of physician license for failing to transmit the pregnancy termination report as required or for performing an abortion in violation of certain statutes
• Disposition: Amended
• Primary Purpose:
  • (1) Revoke a license of a physician if they fail to transmit the form to the state department as described in 16-34-2-5(b) [ (b) The health care provider shall complete the form provided for in subsection (a) and shall transmit the completed form to the state department, in the manner specified on the form, within thirty (30) days after the date of each abortion. However, if an abortion is for a female who is less than sixteen (16) years of age, the health care provider shall transmit the form to the state department of health and separately to the department of child services within three (3) days after the abortion is performed. ]
  • (2) Revoke a license of a physician if the physician performed an abortion in violation of 16-34-2-7(a) through 16-34-2-7(c) [ Performance of unlawful abortion ] with the intent to avoid the requirements of 16-34-2-1 [ Required circumstances of legal abortion ]
• Criminal Penalties: None specifically here
• Possible Significance: Significant Non-criminal penalty for violating said code
• Comments: For “preponderance of the evidence” and by the Attorney General.  This latitude was something not preferred by Democrats.

SECTION 42 - Definition of Healthcare Facility

• Grade: Neutral
• Criticality: Low
• Bill Page: 39
• IC: 25-36.1-2–1 Health care facility
• Disposition: Amended
• Primary Purpose: Simply removes the reference to abortion clinic
• Criminal Penalties: None
• Possible Significance: None
• Comments: None 

SECTION 43 - Definition of Provider Facility

• Grade: Neutral
• Criticality: Low
• Bill Page: 39
• IC: 27-1-46-10 Provider facility
• Disposition: Amended
• Primary Purpose: Simply removes references to abortion clinic
• Criminal Penalties: 
• Possible Significance: 
• Comments: None 

SECTION 44 - Definition of Provider Facility

• Grade: Neutral
• Criticality: Low
• Bill Page: 39-40
• IC: 27-2-25-11 Provider facility
• Disposition: Amended
• Primary Purpose: Simply removes references to abortion clinic
• Criminal Penalties: None
• Possible Significance: None
• Comments: None 

SECTION 45 - Definition of Abortion

• Grade: Neutral
• Criticality: Low
• Bill Page: 40
• IC: 27-8-33-1 Abortion
• Disposition: Amended
• Primary Purpose: Refers the definition back to 16-18-2-1 [ Abortion ] for consistency
• Criminal Penalties: None
• Possible Significance: None
• Comments: None 

SECTION 46 - Affordable Care Act - Coverage for Abortions

• Grade: Positive
• Criticality: High
• Bill Page: 40
• IC: 27-8-33-4 Prohibition on coverage for abortion; exceptions
• Disposition: Amended
• Primary Purpose: Regulate healthcare plans so that they may only pay for legal abortions as defined in the code
• Criminal Penalties: None
• Possible Significance: Simplifies the language, and ensures illegal abortions are not funded by healthcare
• Comments: None 

SECTION 47 - Insurance Coverage for Abortions

• Grade: Positive
• Criticality: High
• Bill Page: 40-41
• IC: 27-13-7-7.5 Prohibition on coverage of abortion; exceptions; coverage through rider or endorsement
• Disposition: Amended
• Primary Purpose: Regulate healthcare plans so that they may only pay for legal abortions as defined in the code
• Criminal Penalties: None
• Possible Significance: Simplifies the language, and ensures illegal abortions are not funded by healthcare
• Comments: None 

SECTION 48 - Defenses to any crime - with intent to terminate pregnancy

• Grade: Negative
• Criticality: High
• Bill Page: 41
• IC: 35-41-3-12 (new)
• Disposition: NEW
• Primary Purpose: While I am not a lawyer, and the wording is odd to me, I interpret this to mean 
  • That the pregnant woman cannot be charged with a crime even when committing an unlawful act to terminate her own pregnancy.  
  • This also applies to “a defendant who was requested to terminate a pregnancy” (a physician) unless it was an unlawful abortion as noted in 16-34-2-7 [  ] or 35-42-1-6 [  ].
• Criminal Penalties: None - may need to come back to read in context of Indiana Code to confirm this.
• Possible Significance: DIY abortions have no criminal consequences
• Comments: A woman can terminate her own pregnancy without being charged with a crime.

SECTION 49 - Feticide

• Grade: Negative
• Criticality: Medium
• Bill Page: 41
• IC: 35-42-1-6 Feticide - a person who knowingly or intentionally terminates a human pregnancy with an intention other than to produce a live birth or to remove a dead fetus commits feticide, a Level 3 felony
• Disposition: Amended
• Primary Purpose: Adds exceptions for the pregnant mother herself, a person providing good faith medical treatment, a licensed physician performing an abortion at the pregnant woman’s request - even if it is an unauthorized abortion for 16-34-2-1
• Criminal Penalties: Level 3 felony [ shall be imprisoned for a fixed term of between three (3) and sixteen (16) years, with the advisory sentence being nine (9) years. In addition, the person may be fined not more than ten thousand dollars ($10,000). ]
• Possible Significance: Seems to allow a physician to perform an unauthorized abortion without the offense of feticide
• Comments: 
  • Not understanding why a physician breaking the law is given an exception in this case.  This exception did not pre-exist before SB1.
  • Oxford Dictionary: “Feticide = destruction or abortion of a fetus”

SECTION 50 - Criminal Law for Homicide - No Longer Applies

• Grade: Negative
• Criticality: HIGH
• Bill Page: 41-42
• IC: 35-42-1-6.5 Application of certain sections of the chapter - which is under Title 35 (CRIMINAL LAW AND PROCEDURE), Article 42 (Offenses Against The Person), Chapter 1 (Homicide)
• Disposition: Amended
• Primary Purpose: The purpose of this change is to remove criminal offenses from applying to an abortion that is performed in compliance with 16-34-2 [ Requirements for Performance of Abortion; Criminal Penalties ]
• Criminal Penalties: Removed/No Longer Apply
• Possible Significance: 
  • It is no longer considered murder, voluntary manslaughter, involuntary manslaughter, or feticide to kill an unborn baby.  
  • The penalties for performing an unlawful abortion are much lighter.  
  • None of these criminal charges can apply to a pregnant woman.
• Comments:
  • Abortions performed without Indiana-licensed medical assistance have no criminal penalty.  For example, it appears that obtaining an abortion inducing drug over the internet and ending a pregnancy has no criminal penalty.
  • The Bible considers murder to be the ending of an innocent life, and calls on government to protect the innocent (that is why it was granted the sword).  Yet the Indiana Legislature, full of ‘pro-life’ politicians, no longer considers abortion to be murder.

SECTION 51 - Removal of 410 IAC 26 (Abortion Clinics)

• Grade: Neutral
• Criticality: Low
• Bill Page: 51
• IC: (none - this section of SB1 applies only to Indiana Administrative Code [ABORTION CLINICS ])
• Disposition: Removed
• Primary Purpose: Removed administrative code for abortion clinics
• Criminal Penalties: None
• Possible Significance: None
• Comments: Regulations that once applied to abortion clinics don’t seem to apply to where abortions will now be performed.  Is that because there are already suitable regs for these organizations?  Let’s hope so. 

SECTION 52 - Removal of 410 IAC 26.5 (Drug Induced Abortions)

• Grade: Neutral
• Criticality: Low
• Bill Page: 42
• IC: (none - this section of SB1 applies only to Indiana Administrative Code 410 IAC 26.5 [ ABORTION CLINICS PERFORMING DRUG INDUCED ABORTIONS] ) 
• Disposition: Removed
• Primary Purpose: Removed administrative code for drug induced abortions
• Criminal Penalties: None
• Possible Significance: None
• Comments: Same comment as 51

SECTION 53 - Prosecutorial Oversight Task Force

• Grade: Negative
• Criticality: High
• Bill Page: 42
• IC: Oddly, it refers to no Indiana Code at all??
• Disposition: Added
• Primary Purpose: Sets up a bi-chamber group to study where prosecutors are not enforcing the constitution or indiana code, consider methods of enforcing the statutes, make written recommendations to the general assembly by 12/1/2022
• Criminal Penalties: None
• Possible Significance: Attempts to hold prosecutors accountable
• Comments: 
  • The Attorney General is not involved in holding prosecutors accountable unless the task force specifically grants the jurisdiction.  This seems out of place.
  • There is no long term oversight.  This expires in 2024 (but there is room for misinterpretation due to how this section of the bill is written - with the expiry above the section, and no reference to IC.  It could be that this applies to 410 IAC 26 of administrative code?

SECTION 54 - Emergency Declaration

• Grade: Neutral
• Criticality: Low
• Bill Page: 44
• IC: Again, this refers to no code
• Disposition: Comment for SB1
• Primary Purpose: An emergency is declared for this act.
• Criminal Penalties: None
• Possible Significance: Perhaps this was required for the special session?
• Comments: None 

APPENDIX

About the Assessment

• LENS -
  • The Bible clearly says in Jeremiah 1:5 and Psalms 139:13-18 that God knitted us together in our mother's womb.  Therefore, it is the position of this author that ending the life in the womb is against God's will and a tragedy.   
• INSIGHTS - this section is based on feedback & criticisms received
  • Isn't it better to end a life then to doom it to a poor troubled home?
    • Rationalizations such as this fail to consider that an abortion is killing off the next gifted human - who could have changed the world for the better.  Who are you to make that judgement?
    • How long will it be before these same rationalizations are put to children or adults or the elderly or the diseased?  And who exactly gets to decide?  This is an incredibly slippery slope which other disastrous evil governments have gone down in recent history.
  • Isn't this bill better than nothing at all, and therefore, aren't these compromises acceptable?
    • There are compromises, and then there are cop outs.  Each of us has to decide what fundamental principles we cannot compromise on.   For a Christian pro-life legislator to vote in favor of decriminalizing the killing of an unborn baby such that it is no longer considered murder, manslaughter or feticide is a bridge too far.   Matthew 18:6 comes to mind here - regarding millstones, necks and drowning.