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STATE OF OKLAHOMA
2nd Session of the 60th Legislature (2026)
SENATE BILL 2012 By: Hamilton
AS INTRODUCED
An Act relating to abortion; amending Section 1,
Chapter 11, O.S.L. 2022 (63 O.S. Supp. 2025, Section
1-731.4), which relates to prohibition of abortion;
removing certain restriction on prosecution; updating
statutory reference; and declaring an emergency.
BE IT ENACTED BY THE PEOPLE OF THE STATE OF OKLAHOMA:
SECTION 1. AMENDATORY Section 1, Chapter 11, O.S.L. 2022
(63 O.S. Supp. 2025, Section 1-731.4), is amended to read as
follows:
Section 1-731.4. A. As used in this section:
1. The terms “abortion” and “unborn child” shall have the same
meaning as provided by Section 1-730 of Title 63 of the Oklahoma
Statutes this title; and
2. “Medical emergency” means a condition which cannot be
remedied by delivery of the child in which an abortion is necessary
to preserve the life of a pregnant woman whose life is endangered by
a physical disorder, physical illness or physical injury including a
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life-endangering physical condition caused by or arising from the
pregnancy itself.
B. 1. Notwithstanding any other provision of law, a person
shall not purposely perform or attempt to perform an abortion except
to save the life of a pregnant woman in a medical emergency.
2. A person convicted of performing or attempting to perform an
abortion shall be guilty of a felony punishable by a fine not to
exceed One Hundred Thousand Dollars ($100,000.00), or by confinement
in the custody of the Department of Corrections for a term not to
exceed ten (10) years, or by such fine and imprisonment.
3. This section does not:
a. authorize the charging or conviction of a woman with
any criminal offense in the death of her own unborn
child, or
b. prohibit the sale, use, prescription or administration
of a contraceptive measure, drug or chemical if the
contraceptive measure, drug or chemical is
administered before the time when a pregnancy could be
determined through conventional medical testing and if
the contraceptive measure, drug or chemical is sold,
used, prescribed or administered in accordance with
manufacturer instructions.
4. It is an affirmative defense to prosecution under this
section if a licensed physician provides medical treatment to a
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pregnant woman which results in the accidental or unintentional
injury or death to the unborn child.
SECTION 2. It being immediately necessary for the preservation
of the public peace, health or safety, an emergency is hereby
declared to exist, by reason whereof this act shall take effect and
be in full force from and after its passage and approval.
60-2-2667 DC 1/15/2026 9:50:49 AM