Indiana Protection of Life Bill (HB 1430)

HB 1430 would completely ban abortions in the state of Indiana. The bill does not include exceptions for rape, incest, or any medical emergency in regards to a pregnant person.

The bill would repeal all state statutes authorizing and regulating abortion.

The bill asserts that human physical life begins at fertilization and Indiana has a compelling state interest in protecting human physical life from the moment that human physical life begins.

“Fetus Born Alive”

The bill states that a fetus born alive should be treated as a person under the law, and a birth certificate should be issued certifying the child’s birth even though the “child may subsequently die,” in which event a death certificate should be issued. A person who fails to take all reasonable steps to preserve the life and health of the live born person would be subject to Indiana laws governing homicide, manslaughter, and civil liability for wrongful death and medical malpractice.

Jurisdiction

The bill states that any act, law, treaty, order, rule, or regulation of the United States government that fails to protect a person’s inalienable right to life is null, void, and unenforceable in Indiana. The bill further states that federal courts have no jurisdiction to interfere with Indiana’s interest in “protecting human physical life from the moment that human physical life begins.”

The bill claims that it would be unlawful for any federal official or contractor to enforce any law or regulation that interferes with Indiana’s interest in protecting human life.

The bill provides for injunctive relief in circuit court for a prosecuting attorney to enjoin any federal official who attempts to enforce federal law which interferes with Indiana’s interest in protecting human physical life.

Criminal Code

The bill would amend the term “child” for purposes of the criminal code regarding the wrongful death of a child to include “an unborn child,” as opposed to the current term which includes “a fetus that has attained viability.”

The bill would amend the term “human being” for purposes of the criminal code to conform to the finding that human physical life begins when a human ovum is fertilized by a human sperm, regardless of whether the individual has been born.

With this bill, all abortions in Indiana would be considered murder. The language of the bill is so broad that all miscarriages could be considered manslaughter; and IVF could also be considered illegal.

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Related Legislation

Similar to HB 1097 (2018) and HB 1134 (2017), both of which failed to pass.

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Latest Action

1/15/19 – Introduced; referred to Committee on Public Policy.

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