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STATE OF OKLAHOMA
1st Session of the 60th Legislature (2025)
SENATE BILL 456 By: Deevers
AS INTRODUCED
An Act relating to abortion; creating the Abolition
of Abortion Act; providing short title; stating
purpose of act; amending 21 O.S. 2021, Section 691,
which relates to homicide; modifying applicability of
provisions relating to homicide; specifying
applicability and construction of certain provision;
making enforcement of certain violations subject to
specified factors; amending 21 O.S. 2021, Section
156, which relates to duress defense; updating
statutory language; specifying applicability of
defense; amending 12 O.S. 2021, Section 1053, which
relates to wrongful death; modifying applicability of
certain provisions; making act prospective; updating
statutory language; providing for noncodification;
providing for codification; and declaring an
emergency.
BE IT ENACTED BY THE PEOPLE OF THE STATE OF OKLAHOMA:
SECTION 1. NEW LAW A new section of law not to be
codified in the Oklahoma Statutes reads as follows:
This act shall be known and may be cited as the “Abolition of
Abortion Act”.
SECTION 2. NEW LAW A new section of law not to be
codified in the Oklahoma Statutes reads as follows:
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Acknowledging the sanctity of innocent human life, created in
the image of God, the purpose of this act is to:
1. Follow the United States Constitution, which requires that
“no state...shall deny to any person within its jurisdiction the
equal protection of the laws”;
2. Fulfill such constitutional requirement by protecting the
lives of preborn persons with the same criminal and civil laws
protecting the lives of born persons by repealing provisions that
permit willful prenatal homicide or assault;
3. Protect pregnant mothers from being pressured to abort by
repealing provisions that may otherwise allow a person to direct,
advise, encourage, or solicit a mother to abort her child; and
4. Ensure that all persons potentially subject to such laws are
entitled to due process protections.
SECTION 3. AMENDATORY 21 O.S. 2021, Section 691, is
amended to read as follows:
Section 691. A. Homicide is the killing of one human being by
another.
B. As used in this section, “human being” includes an unborn
child, as defined in Section 1-730 of Title 63 of the Oklahoma
Statutes.
C. Homicide shall not include:
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1. Acts which cause the death of an unborn child if those acts
were committed during a legal abortion to which the pregnant woman
consented; or
2. Acts acts which are committed pursuant to the usual and
customary standards of medical practice during diagnostic testing or
therapeutic treatment.
D. Under no circumstances shall the mother of the unborn child
be prosecuted for causing the death of the unborn child unless the
mother has committed a crime that caused the death of the unborn
child.
SECTION 4. NEW LAW A new section of law to be codified
in the Oklahoma Statutes as Section 696 of Title 21, unless there is
created a duplication in numbering, reads as follows:
A. This chapter applies even where the victim is an unborn
child.
B. Enforcement where the victim is an unborn child is subject
to the same presumptions, defenses, justifications, laws of parties,
immunities, and clemencies as would apply when the victim is a
person who had been born alive.
C. This chapter shall not apply to:
1. The undertaking of life-saving procedures to save the life
of the mother when accompanied by reasonable steps to save the life
of the unborn child; or
2. A spontaneous miscarriage.
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D. This section prevails over other law to the extent of any
conflict.
SECTION 5. AMENDATORY 21 O.S. 2021, Section 156, is
amended to read as follows:
Section 156. A. A person is entitled to assert duress as a
defense if that person committed a prohibited act or omission
because of a reasonable belief that there was imminent danger of
death or great bodily harm from another upon oneself, ones one’s
spouse, or ones one’s child.
B. Even where the charge is murder, the provisions of this
section shall apply if the victim is an unborn child and the
defendant is the child’s mother.
SECTION 6. NEW LAW A new section of law to be codified
in the Oklahoma Statutes as Section 650.12 of Title 21, unless there
is created a duplication in numbering, reads as follows:
A. This chapter applies even where the victim is an unborn
child.
B. Enforcement where the victim is an unborn child is subject
to the same presumptions, defenses, justifications, laws of parties,
immunities, and clemencies as would apply where the victim is a
person who had been born alive.
C. This chapter shall not apply to:
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1. The undertaking of life-saving procedures to save the life
of the mother when accompanied by reasonable steps to save the life
of the unborn child; or
2. A spontaneous miscarriage.
D. This section prevails over other law to the extent of any
conflict.
SECTION 7. AMENDATORY 12 O.S. 2021, Section 1053, is
amended to read as follows:
Section 1053. A. When the death of one is caused by the
wrongful act or omission of another, the personal representative of
the former may maintain an action therefor against the latter, or
his or her personal representative if he or she is also deceased, if
the former might have maintained an action, had he or she lived,
against the latter, or his or her representative, for an injury for
the same act or omission. The action must be commenced within two
(2) years.
B. The damages recoverable in actions for wrongful death as
provided in this section shall include the following:
1. Medical and burial expenses, which shall be distributed to
the person or governmental agency as defined in Section 5051.1 of
Title 63 of the Oklahoma Statutes who paid these expenses, or to the
decedent’s estate if paid by the estate. The provisions of this
paragraph shall not apply to the cost of an abortion in actions
maintained pursuant to subsection F of this section;
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2. The loss of consortium and the grief of the surviving
spouse, which shall be distributed to the surviving spouse;
3. The mental pain and anguish suffered by the decedent, which
shall be distributed to the surviving spouse and children, if any,
or next of kin in the same proportion as personal property of the
decedent. For the purposes of actions maintained pursuant to
subsection F of this section, “next of kin” as used in this
paragraph shall mean the parent or grandparent who maintained the
action as provided for in paragraph 3 of subsection F of this
section;
4. The pecuniary loss to the survivors based upon properly
admissible evidence with regard thereto including, but not limited
to, the age, occupation, earning capacity, health habits, and
probable duration of the decedent’s life, which must inure to the
exclusive benefit of the surviving spouse and children, if any, or
next of kin, and shall be distributed to them according to their
pecuniary loss. For the purposes of actions maintained pursuant to
subsection F of this section, “next of kin” next of kin as used in
this paragraph shall mean the parent or grandparent who maintained
the action as provided for in paragraph 3 of subsection F of this
section; and
5. The grief and loss of companionship of the children and
parents of the decedent, which shall be distributed to them
according to their grief and loss of companionship.
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C. In proper cases, as provided by Section 9.1 of Title 23 of
the Oklahoma Statutes, punitive or exemplary damages may also be
recovered against the person proximately causing the wrongful death
or the person’s representative if such person is deceased. Such
damages, if recovered, shall be distributed to the surviving spouse
and children, if any, or next of kin in the same proportion as
personal property of the decedent. For the purposes of actions
maintained pursuant to subsection F of this section, “next of kin”
next of kin as used in this paragraph shall mean the parent or
grandparent who maintained the action as provided for in paragraph 3
of subsection F of this section.
D. Where the recovery is to be distributed according to a
person’s pecuniary loss or loss of companionship, the judge shall
determine the proper division.
E. The above-mentioned distributions shall be made after the
payment of legal expenses and costs of the action.
F. 1. The provisions of this section shall also be available
for the death of an unborn person as defined in Section 1-730 of
Title 63 of the Oklahoma Statutes.
2. The provisions of this subsection shall apply to acts which
cause the death of an unborn person in utero if:
a. the physician who performed the abortion or the
referring physician fails to obtain and document the
voluntary and informed consent of the pregnant woman
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pursuant to Section 1-738.2 of Title 63 of the
Oklahoma Statutes,
b. the pregnant woman withdraws her consent to the
abortion prior to performance of the abortion,
c. the pregnant woman undergoes the abortion due to
coercion from a third party,
d. the physician fails to obtain and document proof of
age demonstrating that the pregnant woman is not a
minor, or, in the case of a minor, fails to obtain:
(1) parental consent to the abortion pursuant to
Section 1-740.2 of Title 63 of the Oklahoma
Statutes,
(2) proof that the pregnant woman, although a minor,
is emancipated, or
(3) judicial authorization of the abortion without
parental notification pursuant to Section 1-740.3
of Title 63 of the Oklahoma Statutes,
e. the physician who performed the abortion causes the
woman physical or psychological harm, the possibility
of which she did not foresee or was not informed of at
the time of her consent,
f. the physician who performed the abortion fails to
screen the pregnant woman and document such screening
for risk factors associated with a heightened risk of
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adverse consequences from abortion which a reasonably
prudent physician would screen for,
g. the physician fails to screen the pregnant woman and
document such screening for physical or psychological
impairment of judgment due to factors including, but
not limited to, drugs, alcohol, illness or fatigue,
h. the physician fraudulently induces the pregnant woman
to obtain the abortion or gives misleading or false
information in response to a pregnant woman’s inquiry,
or
i. there exist any other circumstances which violate
state law.
The provisions of this paragraph shall not be construed to apply
to cases in which a physician licensed to practice medicine in this
state attempts, in a reasonably prudent manner, to prevent the death
of an unborn person or a pregnant woman.
3. A parent or grandparent of the deceased unborn person is
entitled to maintain an action against the physician person who
caused the death of an unborn person under the conditions provided
by subparagraphs a through i of paragraph 2 of this subsection;
provided, however, the parent or grandparent may not maintain such
action if the parent or grandparent coerced the mother of the unborn
person to abort the unborn person.
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4. Liability for wrongful death by the a physician under this
section shall not be waived by the pregnant woman prior to
performance of the abortion. A physician shall not request, orally,
on a written form or in any other manner, that the pregnant woman
waive the liability of the physician for wrongful death related to
the abortion as a condition of performing an abortion.
5. Under no circumstances shall the mother of the unborn person
be found liable for causing the death of the unborn person unless
the mother has committed a crime that caused the death of the unborn
person.
SECTION 8. NEW LAW A new section of law not to be
codified in the Oklahoma Statutes reads as follows:
This act is prospective only and shall not apply to conduct
committed prior to the effective date of this act.
SECTION 9. 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.
60-1-1463 DC 1/19/2025 5:36:44 AM