Culture & Conversation Sexual Health
Mississippi Heartbeat Abortion Ban (SB 2116)
This law was last updated on Aug 30, 2019
This law is Anti–Choice
Number
SB 2116
Status
Blocked/Enjoined
Proposed
Jan 11, 2019
Sponsors
Primary Sponsors: 16
Total Sponsors: 16
Full Bill Text
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.
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.
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.
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.
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.
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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