Arkansas Bill Prohibiting Abortion While in State Custody (SB 745)
This law was last updated on May 5, 2017
SB 745 would prohibit the state of Arkansas and state employees from facilitating or paying for abortions on pregnant individuals who are in state custody.
The bill would prohibit a person from performing or inducing or attempting to perform or induce an abortion upon a pregnant individual who is in state custody, except in the case of a medical emergency.
The bill defines “state custody” to mean:
A state agency or instrumentality of the State of Arkansas has care and control over an individual because the individual is:
- A ward of the state, including without limitation a foster child;
- Incompetent and has the state or an employee of the state named as a guardian;
- Incarcerated; or
- Institutionalized with no legal guardian.
The bill would prohibit a person from petitioning a circuit court for a waiver of the consent requirements or receive judicial relief in order to obtain an abortion.
Except in the case of a medical emergency, a pregnant individual who is in state custody may not receive transportation related to an abortion or any services recommending an abortion by a state agency or an employee or agent of the state.
The bill would require a pregnant individual in state custody seeking an abortion to petition the court remove them from such custody for a limited time period an authorize an abortion.
If a court rules to remove a pregnant individual from state custody for a limited time, the pregnant individual may reside in a facility under state control or in a foster home and receive medical services unrelated to a pregnancy.
The bill would prohibit a pregnant individual who is removed from state custody under this section from receiving transportation related to an abortion by a state agency or an employee or agent of the state.