Mississippi Heartbeat Ban (SB 2143)

SB 2143 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 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.

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

If passed, the law would take effect on July 1, 2018.

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Related Legislation

Identical to SB 2058 and similar to HB 226, HB 1481, and HB 1509.

Identical to SB 2584, which failed to pass in 2017.

Similar to HB 1198 and SB 2562, which failed to pass in 2017.

Similar to SB 2807 and HB 6, both of which failed to pass in previous legislative sessions.

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People