Mississippi Heartbeat Ban (SB 2058)

SB 2058 would prohibit a person from performing an abortion on a pregnant patient if 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.

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The bill would require a person who intends to perform an abortion on a pregnant patient 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.

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 patient 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 patient would need to sign a form acknowledging that they have received the information and is aware of the probability of carrying to term.

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

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 health-care facilities to include performing an abortion on a pregnant patient before determining if there was a detectable heartbeat.

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Related Legislation

Identical to SB 2143, and similar to HB 226, HB 1481, and HB 1509.

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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People