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Louisiana ‘Unborn Child’ Protection from ‘Dismemberment Abortion’ Act (HB 1081)

This law was last updated on Sep 12, 2018


This law is Anti–Choice Model Bill

State

Louisiana

Number

HB 1081

Status

Blocked/Enjoined

Proposed

Apr 5, 2016

Topics

Dilation and Evacuation Bans, Later Abortion

Full Bill Text

www.legis.la.gov

HB 1081 would prohibit a person from intentionally performing or attempting to perform a “dismemberment abortion” and thereby killing an “unborn child” unless it is necessary to prevent serious health risk to the pregnant person.

The bill defines “dismemberment abortion” to mean “with the purpose of causing the death of an unborn child, to purposely dismember a living unborn child and extract him or her one piece at a time from the uterus through the use of clamps, grasping forceps, tongs, scissors, or a  similar instrument that, through the convergence of two rigid levers, slices, crushes, or grasps a portion of the unborn child’s body to cut or rip it off or apart.”

The bill provides for civil and criminal penalties.

This law targets a procedure known as dilation and evacuation (D and E), which is frequently used during second-trimester abortions. According to the American Congress of Obstetricians and Gynecologists, an abortion using suction aspiration can be performed up to 14 weeks’ gestation, but after 14 weeks the D and E procedure must be used to perform an abortion. As such, dilation and evacuation bans, depending upon their language, may ban all surgical abortion past 14 weeks’ gestation. (Source.)


Related Legislation

This law is based on model legislation designed by the National Right to Life Committee.


STATUS

Gov. Edwards signed the bill into law on May 26, 2016.

The law was slated to take effect August 1, 2016.

***The Center for Reproductive Rights filed a lawsuit on behalf of several abortion providers challenging seven abortion restrictions (HB 1081HB 1019HB 815SB 33HB 386HB 488; and HB 606). The state agreed to delay enforcement.***


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