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Mississippi Bill Prohibiting Abortion (HB 45)

This law was last updated on Feb 13, 2019


HB 45 would prohibit abortion in the state of Mississippi and make it a felony for any person to willfully cause an abortion.

Fetal Homicide

The bill would prohibit any person from willfully and knowingly causing, by means of any instrument, medicine, drug or any other means, any woman pregnant with child to abort or miscarry, or attempt to procure or produce an abortion or miscarriage.

Such an act would be considered a felony, punishable by imprisonment one to ten years and a fine of anywhere between $25,000 to $50,000.

The bill would make it unlawful for any physician to perform an abortion or to perform an abortion that results in the delivery of a living child and to intentionally allow or cause the child to die.

The bill would increase the penalty of selling, gifting, or advertising any drug or medicine, for causing an unlawful abortion from a misdemeanor to a felony. Such a conviction would also be punishable by imprisonment one to ten years and a fine of anywhere between $25,000 to $50,000.

Under the law, anyone who purposefully, knowingly or recklessly performs or attempts to perform or induce an abortion would be guilty of murder and punished as provided by law.

The language of the bill is broad and does not provide an exemption for pregnant people.

Any physician who knowingly performs a partial-birth abortion and thereby kills a human fetus would be guilty of murder.

Public Funding of Abortion

Current law in Mississippi prohibits state funding for facilities that provide abortion services, except when the abortion is medically necessary; or when the pregnancy resulted from an act of rape or incest; or when there is a fetal malformation that is incompatible with the baby being born alive.

This bill would remove these exceptions.

Insurance Coverage

Current law in Mississippi prohibits abortion coverage from being provided by a qualified health plan offered through an exchange created pursuant to the federal Patient Protection and Affordable Care Act, except when the abortion is necessary to prevent serious health risk to the pregnant patient; or when the pregnancy is a result of an act of rape or incest.

This bill would remove these exceptions.

Medication Abortion

HB 45 would make it unlawful to knowingly give, sell, dispense, administer or otherwise provide or prescribe any abortion-inducing drug to a pregnant woman for the purpose of inducing an abortion in that pregnant woman, or enabling another person to induce an abortion in a pregnant woman.

Such an act would be considered a felony, punishable by imprisonment one to ten years and a fine of anywhere between $25,000 to $50,000.

Civil Liability

The law states that “no civil liability may be assessed against the pregnant woman upon whom the drug-induced abortion is performed, except as otherwise provided by law.”

TRAP

The bill amends other sections of Mississippi law that regulate public health facilities. The bill amends current definitions of “abortion facility” and “operating” to remove any mention of lawful abortion.

The bill would remove abortion facilities from current law regarding licensed facilities.

The bill would amend current law detailing grounds for the nonissuance, suspension, revocation or restriction of a medical license to include performing, inducing, or aiding in abortion, regardless of any medical emergency.

Repeal of Lawful Abortions

The law would repeal current Mississippi laws which provide for lawful abortions, partial birth abortions and abortion facilities.

Dismemberment Abortions

The bill would codify the dilation and evacuation abortion ban, which was signed into law in 2016.

If passed, the law would take effect on July 1, 2018.

Related Legislation

Identical to HB 1197, which failed to pass during the 2017 legislative session.


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