Alaska Life at Conception Act (HB 250)

This law was last updated on Sep 6, 2018

State

Alaska

Number

HB 250

Status

Failed to Pass

Proposed

May 15, 2017

Topics

Fetal Homicide, Personhood

Full Bill Text

www.legis.state.ak.us

HB 250 would create a new interpretation of “right to privacy” in state law and criminalize abortion in the state of Alaska.

The bill would provide that a “preborn child” is a resident of the state if the mother of the “preborn child” is a resident of the state.

The bill defines “conception” to mean:

[…]notwithstanding any other provision of law, the beginning of biological development of a human organism when the sperm and the egg fuse, or, in the case of asexual reproduction, the equivalent stage of development where a complete new human organism is present.

The bill defines “natural person” to mean:

[…]a human being, regardless of age, location, capacity to function, condition of physical or mental dependency, or disability, from the moment of conception.

The bill defines “preborn child” to mean:

[…]a natural person from the moment of conception who has not been born.

Interpretation of Right to Privacy

The bill would provide that abortion or any other taking of “innocent human life” is not protected by a right to privacy under the Constitution of the State of Alaska.

The bill would amend AS 09.55.585 to provide that a parent or legal guardian of a “preborn child” may maintain an action as plaintiff for the death of a “preborn child” that was caused by the wrongful act or omission of another.

The bill would eliminate exceptions for acts or omissions committed during a legal abortion and acts or commission by a pregnant person against themselves and their “unborn child.”

If passed, a person, including a state officer or employee, may not be held liable for a “good faith action” taken to implement the changes made by this law.

Fetal Homicide

The bill would amend current law regarding murder of an unborn child to replace each mention of “unborn child” with “preborn child.”

The bill would include an additional offense of murder if a person “knowingly removes, or causes or permits the removal of, a preborn child from the state for the purpose of killing the preborn child.”

Under this provision, an Alaskan citizen would still be guilty of murder even if they have an out-of-state abortion.

The bill would amend current law regarding manslaughter of an unborn child to replace each mention of “unborn child” with “preborn child.”

The bill would amend current law regarding criminally negligent homicide of an unborn child to replace each mention of “unborn child” with “preborn child.”

The bill would amend current law regarding assault of an unborn child in the first degree to replace each mention of “unborn child” with “preborn child.”

The bill would amend current law regarding assault of an unborn child in the second degree to replace each mention of “unborn child” with “preborn child.”

The bill goes on to replace the term “unborn child” with “preborn child” throughout Alaska law.

Pregnancy Alternatives

The bill would amend current law regarding information relating to pregnancy and pregnancy alternatives to eliminate any mention of abortion services, options, and counseling, as well as any reference to current informed consent requirements for abortion.

Related Legislation

Based on model legislation drafted by the National Pro-Life Alliance (NPLA).