Kentucky 11-Week D&E Abortion Ban (HB 454)

This law was last updated on Jan 25, 2019

State

Kentucky

Number

HB 454

Status

Blocked/Enjoined

Proposed

Feb 22, 2018

Topics

Dilation and Evacuation Bans

Full Bill Text

www.lrc.ky.gov

HB 454 would ban most abortions in Kentucky after 11 weeks, except in the case of a medical emergency.

The bill would prohibit a person from intentionally performing or inducing or attempting to perform or induce an abortion on a pregnant person:

that will result in the bodily dismemberment, crushing, or human vivisection of the fetus; and
when the probable post-fertilization age of the fetus is eleven weeks or greater.

Any person who violates this provision would be guilty of a Class D felony.

The bill clarifies that a pregnant person who receives such an abortion would not be guilty of violating this provision.

The bill includes personhood language in its legislative findings.

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

Passed the house on March 12, 2018, by a 71-11 vote.

Passed the senate, with substitute, on March 22, 2018, by a 31-5 vote.

Concurred in the house on March 27, 2018, by a 75-13 vote.

Signed by Gov. Matt Bevin (R) on April 10, 2018. The law will take effect immediately.

Update #1

The ACLU filed a lawsuit on behalf of abortion providers on April 11, 2018, seeking to stop enforcement of the law while the case proceeds (see EMW Women’s Surgical Center v. Beshear (2018)).

Update # 2

April 13, 2018 – The state of Kentucky agreed to temporarily delay enforcement of the law until the preliminary injunction hearing which is scheduled for June 5, 2018.

Update #3

The preliminary injunction hearing was cancelled and the case will proceed to trial set for November 13, 2018. The law will remain unenforced until trial.