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Kansas Prohibition on ‘Decapitation of Unborn Children’ Act (HB 2417)

This law was last updated on Mar 28, 2016


This law is Anti–Choice

State

Kansas

Number

HB 2417

Status

Failed to Pass

Proposed

Mar 23, 2015

Topics

Dilation and Evacuation Bans

Full Bill Text

www.kslegislature.org

HB 2417 would have prohibited a physician from performing or attempting to perform, a “decapitation abortion” on a fetus unless (1) it is necessary to preserve the life of the pregnant woman; or (2) it is necessary to prevent a substantial and irreversible physical impairment of a major bodily function of the pregnant woman.

The attorney general or any district or county attorney with appropriate jurisdiction may have brought a cause of action for injunctive relief against a person who violated this provision.  The pregnant woman, the father (if married at the time), or parents or guardians (if she is a minor) may seek civil action and relief if such a procedure is performed in violation of this law.

“Decapitation abortion” is defined as, “with the purpose of causing the death of an unborn child, knowingly using any instrument or procedure to: (A) Separate the cranium of a living unborn child from its spine; or (B) collapse the cranium of a living unborn child.”

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.)

STATUS

Similar to HB 2187 and SB 95 which seek to ban “dismemberment abortion.”

Sponsored by the House of Delegates Federal and State Affairs Committee.