Mississippi Heartbeat Abortion Ban (SB 2116)

SB 2116 would prohibit a person from performing an abortion on a pregnant person once a fetal heartbeat has been detected, except in the case of a medical emergency.

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Fetal heartbeats can be detected as early as six weeks into a pregnancy—two weeks after a person’s first missed period—and well before many even realize that they are pregnant. 

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The bill would prohibit a person from knowingly performing an abortion on a pregnant person carrying a fetus with a detectable heartbeat, unless it was necessary to prevent the death of the pregnant person or to prevent a serious risk of the substantial and irreversible impairment of a major bodily function of the pregnant person.

Any person who violates this subsection would be guilty of performing an abortion after the detection of a fetal heartbeat, a violation punishable by imprisonment for up to six months and/or a fine of up to $1,000.

TRAP

The bill would amend current law regarding the grounds for the nonissuance, suspension, revocation or restriction of a license or the denial of reinstatement or renewal of a license for physicians to include performing an abortion on a pregnant person before determining if there was a detectable heartbeat.

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Below is the original version of SB 2116.

As introduced, the bill would have required a person who intends to perform an abortion on a pregnant person to first determine if there is the presence of a fetal heartbeat. A person who fails to first determine if a heartbeat is detected would be subject to disciplinary action.

Informed Consent Requirements

If a fetal heartbeat is detected, no later than 24 hours before the performance of the intended abortion, both of the following would apply:

• The person intending to perform the abortion would need to inform the pregnant person in writing that a fetal heartbeat exists, and the statistical probability of bringing the “unborn human individual” to term based on the gestational age;
• The pregnant person would need to sign a form acknowledging that they have received the information and are aware of the probability of carrying to term.

The bill would have prohibited a person from knowingly performing an abortion on a pregnant person carrying a fetus with a detectable heartbeat, unless it was necessary to prevent the death of the pregnant person or to prevent a serious risk of the substantial and irreversible impairment of a major bodily function of the pregnant person.

Any person who violates this subsection would have been guilty of performing an abortion after the detection of a fetal heartbeat, a violation punishable by imprisonment for up to six months and/or a fine of up to $1,000.

TRAP

The bill would have amended current law regarding the grounds for the nonissuance, suspension, revocation or restriction of a license or the denial of reinstatement or renewal of a license for health-care facilities to include performing an abortion on a pregnant person before determining if there was a detectable heartbeat.

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Related Legislation

Similar to HB 529, HB 732, and SB 2688.

Identical to SB 2058, SB 2143; similar to HB 226, HB 1481, and HB 1509; all of which failed to pass in 2018.

Similar to HB 1198 and SB 2562; and identical to SB 2584, all of which failed to pass in 2017.

Similar to SB 2807 (2014) and HB 6 (2013), both of which failed to pass.

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Latest Action

1/11/19 – Introduced; referred to Public Health and Welfare Committee.

2/13/19 – Passed the Senate by a 34-14 vote.

3/11/19 – Amended; passed the House by a 78-37 vote.

3/19/19 – Senate concurred.

3/21/19 – Signed by Gov. Phil Bryant (R).

Update #1

5/24/2019 – Judge Reeves granted a preliminary injunction against the “heartbeat” ban. The law will be blocked while the case proceeds.

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People

Legal Cases

• Jackson Women's Health Organization v. Currier [15-week ban]