Kansas Unborn Child Protection From Dismemberment Abortion Act (HB 2187)
This law was last updated on Feb 10, 2015
**HB 2187’s companion bill SB 95 was signed into law on April 7.
HB 2187 would prohibit a person from performing, or attempting to perform, a “dismemberment abortion” unless (1) it is necessary to preserve the life of the pregnant woman; or (2) a continuation of the pregnancy will cause a substantial and irreversible physical impairment of a major bodily function of the pregnant woman. No condition shall be deemed to exist if it is based on a claim or diagnosis that the woman will engage in conduct that would result in her death or in substantial and irreversible physical impairment of a major bodily function.
The bill defines “dismemberment abortion” to mean “with the purpose of causing the death of an unborn child, knowingly dismembering a living unborn child and extracting such unborn child one piece at a time from the uterus through the use of clamps, grasping forceps, tongs, scissors or similar instruments that, through the convergence of two rigid levers, slice, crush or grasp a portion of the unborn child’s body in order to cut or rip it off.”
The bill provides that no woman nor anyone acting under the direction of a physician (nurse, technician, secretary, receptionist or other employee or agent) is liable for performing or attempting to perform a “dismemberment abortion.”
The bill provides for civil and criminal penalties.
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.)
While this bill failed to pass, its companion bill, SB 95, was signed into law by Gov. Brownback on April 7, 2015.