Kentucky Omnibus Abortion Bill (HB 257)

HB 257 is an omnibus bill containing various provisions related to regulating abortion in the state of Kentucky.

Dismemberment Abortion

This bill would prohibit any method of abortion that results in the “bodily dismemberment, crushing, or human vivisection” or an “unborn child.”

Anyone who knowingly violates this provision would be guilty of a Class C Felony.

20-Week Ban

This bill would require a physician to first determine the probable post-fertilization age of an “unborn child” before performing or inducing an abortion. The performance or inducement of an abortion would be prohibited if the fetus has reached the twentieth week of fertilization, unless there was a medical emergency.

Anyone who knowingly violates this provision would be guilty of a Class C Felony.

Fetal Tissue

This bill would prohibit the remains of an aborted fetus or deceased infant, regardless of gestational age, from being considered or classified as medical, biological, pathological, infectious, or hazardous waste.

A person who knowingly places the remains of an aborted fetus or a deceased infant in any landfill would be guilty of abuse of corpse, a Class A misdemeanor.

This bill would require abortion facilities to treat the remains of an aborted fetus in a “dignified manner” while arranging for cremation for the remains, and include a notice of this requirement in the information the mother receives under KRS 311.725 (informed consent requirements).

An abortion facility would also be required to enter into agreement with a church or cemetery to arrange for a final, dignified disposition of the remains.

The facility would need to include in its monthly report a count of the number of times each dispositional option is utilized.

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