Florida Senate - 2018                                    SB 1890
       
       
        
       By Senator Mayfield
       
       
       
       
       
       17-01519B-18                                          20181890__
    1                        A bill to be entitled                      
    2         An act relating to dismemberment abortion; amending s.
    3         390.011, F.S.; defining the term “dismemberment
    4         abortion”; amending s. 390.0111, F.S.; prohibiting a
    5         physician from knowingly performing a dismemberment
    6         abortion; providing an exception; prohibiting a woman
    7         upon whom a dismemberment abortion is performed from
    8         being prosecuted for a conspiracy to violate specified
    9         provisions; providing an effective date.
   10          
   11  Be It Enacted by the Legislature of the State of Florida:
   12  
   13         Section 1. Present subsections (6) through (13) of section
   14  390.011, Florida Statutes, are redesignated as subsections (7)
   15  through (14), respectively, and a new subsection (6) is added to
   16  that section to read:
   17         390.011 Definitions.—As used in this chapter, the term:
   18         (6) “Dismemberment abortion” means an abortion in which a
   19  person, with the purpose of causing the death of a fetus,
   20  dismembers the living fetus and extracts it one piece at a time
   21  from the uterus through the use of clamps, grasping forceps,
   22  tongs, scissors, or a similar instrument that, through the
   23  convergence of two rigid levers, slices, crushes, or grasps, or
   24  performs any combination of those actions on, a piece of the
   25  fetus’s body to cut or rip the piece from the body. The term
   26  does not include an abortion that exclusively uses suction to
   27  dismember the body of a fetus by sucking pieces of the body into
   28  a collection container.
   29         Section 2. Present subsections (6) through (15) of section
   30  390.0111, Florida Statutes, are redesignated as subsections (7)
   31  through (16), respectively, present subsection (10) of that
   32  section is amended, and a new subsection (6) is added to that
   33  section, to read:
   34         390.0111 Termination of pregnancies.—
   35         (6) DISMEMBERMENT ABORTION PROHIBITED; EXCEPTION.—
   36         (a) No physician shall knowingly perform a dismemberment
   37  abortion.
   38         (b) A woman upon whom a dismemberment abortion is performed
   39  may not be prosecuted under this section for a conspiracy to
   40  violate this section.
   41         (c) This subsection does not apply to a dismemberment
   42  abortion that is necessary to save the life of a pregnant woman
   43  whose life is endangered by a physical disorder, illness, or
   44  injury, provided that no other medical procedure would suffice
   45  for that purpose.
   46         (11)(10) PENALTIES FOR VIOLATION.—Except as provided in
   47  subsections (3), (8) (7), and (13) (12):
   48         (a) Any person who willfully performs, or actively
   49  participates in, a termination of pregnancy in violation of the
   50  requirements of this section or s. 390.01112 commits a felony of
   51  the third degree, punishable as provided in s. 775.082, s.
   52  775.083, or s. 775.084.
   53         (b) Any person who performs, or actively participates in, a
   54  termination of pregnancy in violation of this section or s.
   55  390.01112 which results in the death of the woman commits a
   56  felony of the second degree, punishable as provided in s.
   57  775.082, s. 775.083, or s. 775.084.
   58         Section 3. This act shall take effect July 1, 2018.