HB 4421 would prohibit physicians from performing or inducing an abortion on a pregnant woman when the probable gestational age of the fetus has been determined to be at least 20 weeks, except in cases of medical emergency.
The bill prohibits abortions after 20 weeks gestation, in part, “because of pain felt by the unborn child.” Acceptable instances of “medical emergency” would include circumstances in which a pregnant woman’s life is at risk or a major bodily function is threatened. The bill prohibits a woman upon whom an abortion that violates this act has been performed from being prosecuted. A physician would be guilty of a Class 2 Felony.
HB 4421 provides that the woman, the father of the “unborn child” if married to the mother at the time she receives an abortion in violation of the Act, or, if the mother has not attained the age of 18 years at the time of the abortion, or both, the maternal grandparents of the “unborn child,” may in a civil action obtain appropriate relief, unless the pregnancy resulted from the plaintiff’s criminal conduct or, if brought by the maternal grandparents, the maternal grandparents consented to the abortion. “Relief” would include money and statutory damages.
Any medical facility licensed under the Ambulatory Surgical Treatment Center Act or the Hospital Licensing Act in which an abortion is performed or induced in violation of the Act would be subject to immediate revocation of its license by the Department of Public Health. In addition, they would lose all state funding for two years and would be expected to reimburse the state for any money or grant awarded to the facility in the same year the violation took place.
Similar to HB 3561, which was introduced in 2015.