Washington 11-Week D&E Abortion Ban (HB 1560)
This law was last updated on Jan 25, 2019
HB 1560 would ban certain types of abortion after 11 weeks of pregnancy, except in the case of a medical emergency.
The bill would prohibit a person from intentionally performing or inducing or attempting to perform or induce an abortion on a pregnant person:
- that will result in the bodily dismemberment, crushing, or human vivisection of the fetus; and
- when the probable post-fertilization age of the fetus is eleven weeks or greater.
Any person who violates this provision would be guilty of a Class C felony.
The bill defines “bodily dismemberment, crushing, or human vivisection” to mean:
[…]a procedure in which a person, with the purpose of causing the death of an unborn child, dismembers the living unborn child and extracts portions, pieces, or limbs of the unborn child from the uterus through the use of clamps, grasping forceps, tongs, scissors, or similar instruments that, through the convergence of two rigid levers, slices, crushes, grasps, or performs any combination of those actions on any portion, piece, or limb of the unborn child’s body to cut or separate the portion, piece, or limb from the body. The term includes a procedure that is used to cause the death of an unborn child and in which suction is subsequently used to extract portions, pieces, or limbs of the unborn child after the unborn child’s death.
The bill clarifies that a pregnant person who receives such an abortion would not be held criminally liable.
The bill includes personhood language in its legislative findings.
This law targets a procedure known as dilation and evacuation (D and E), which is frequently used during second-trimester abortions. According to the American Congress of Obstetricians and Gynecologists, an abortion using suction aspiration can be performed up to 14 weeks’ gestation, but after 14 weeks the D and E procedure must be used to perform an abortion. As such, dilation and evacuation bans, depending upon their language, may ban all surgical abortion past 14 weeks’ gestation. (Source.)
The bill is nearly identical to Kentucky’s 11-Week D and E ban, which is temporarily blocked.
1/24/19 – Introduced; referred to Health Care and Wellness Committee.