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HB0197 • 2020

Abortion-48 hour waiting period.

AN ACT relating to public safety and health; requiring physicians to wait a specified period of time before performing certain nonemergency abortion procedures; modifying penalties; and providing for an effective date.

Abortion Budget Crime Healthcare Housing
Inactive

Wyoming marks this bill as inactive, which usually means it is no longer moving in the current session.

Sponsor
Representative Tass
Last action
2020-03-11
Official status
inactive
Effective date
3/1/2020

Plain English Breakdown

The bill did not pass and is now inactive. The summary does not provide details on the specific penalties that were proposed but failed to be adopted in the final version of the bill.

Abortion-48 Hour Waiting Period

The bill requires doctors to wait at least 48 hours after informing a patient about the procedure before performing an abortion and changes penalties for violating this rule.

What This Bill Does

  • Requires physicians to wait at least 48 hours after informing a patient about the procedure before performing certain nonemergency abortions.

Who It Names or Affects

  • Physicians who perform abortions
  • Women seeking abortions

Terms To Know

imminent peril
A situation that poses an immediate danger to someone's life or health.

Limits and Unknowns

  • The bill did not pass and is now inactive, meaning it will not become law in the current session.
  • It does not provide funding for women who need help with costs related to waiting 48 hours for an abortion.

Amendments

These notes stay tied to the official amendment files and metadata from the legislature.

HB0197H3001

3rd reading • Representative Edwards

Adopted

Plain English: The amendment removes a previously added section related to the Clifford committee of the whole from HB0197.

  • Removes the Clifford committee of the whole amendment (HB0197HW005/A) entirely.
  • This amendment does not provide details about what was in the removed section, so it's unclear what specific changes or provisions were eliminated.
HB0197H3002

3rd reading • Representative Clifford

Adopted

Plain English: The amendment changes the penalty for violating certain abortion-related provisions from a felony to a misdemeanor with a maximum sentence of one year in jail and a fine of up to $1,000.

  • Changes the classification of the offense from a felony to a misdemeanor.
  • Reduces the maximum imprisonment period from ten years to one year.
  • Sets the maximum fine at $1,000.
HB0197H3003

3rd reading • Representative Connolly

Failed

Plain English: The amendment adds provisions to reimburse women for expenses related to a 48-hour waiting period before certain abortion procedures, including costs for housing, meals, counseling, and other reasonable associated expenses.

  • Adds language allowing the Department of Health to reimburse women for expenses incurred due to the 48-hour waiting period requirement.
  • Specifies that these reimbursable expenses include temporary housing, meals, mental health counseling, and any other reasonable costs as determined by the department.
  • Includes an appropriation of $100,000 from the general fund to cover reimbursement costs for a two-year period.
  • The amendment does not specify how the Department of Health will determine what expenses are 'reasonable'.
HB0197H3004

3rd reading • Representative Burlingame

Failed

Plain English: The amendment adds provisions to reimburse low-income women for expenses related to a mandatory 48-hour waiting period before certain abortion procedures.

  • Adds language allowing the Department of Health to provide financial assistance to women who earn up to 125% of the federal poverty level, covering costs like housing and meals during the waiting period.
  • Includes an appropriation of $100,000 from the general fund for these reimbursements over a two-year period.
  • The amendment's text does not specify how the Department of Health will determine what expenses are 'reasonable'.
HB0197HW001

Committee of the Whole • Representative Connolly

Failed

Plain English: The amendment changes the penalty for violating certain abortion procedure requirements from a felony to a misdemeanor with a maximum sentence of one year in jail and a fine of up to $1,000.

  • Changes the classification of the offense from a felony to a misdemeanor.
  • Reduces the maximum imprisonment period from ten years to one year.
  • Sets the maximum fine at $1,000.
HB0197HW002

Committee of the Whole • Representative Dayton-Selman

Failed

Plain English: The amendment changes the language in HB0197 to specify when a physician becomes aware that they need to wait before performing an abortion procedure.

  • Changes the phrase 'has been informed' to 'become aware', altering the timing of when a physician must wait before performing certain nonemergency abortion procedures.
  • The amendment text is limited and does not provide full context about how this change affects the overall bill's requirements or penalties.
  • It is unclear what specific actions trigger a physician to 'become aware' of the waiting period requirement.
HB0197HW003

Committee of the Whole • Representative Yin

Withdrawn

Plain English: The amendment removes a specific section from the bill and makes changes to another part of it.

  • Removes lines 20 through 22 on page 2 of the bill.
  • Changes '(c)' to '(b)' on line 1 of page 3.
  • The amendment does not provide details about what was in the deleted section, so it's unclear exactly what changes this will make to the overall content and meaning of the bill.
HB0197HW004

Committee of the Whole • Representative Burlingame

Failed

Plain English: The amendment changes the year from 2020 to 2022 in a specific part of the bill.

  • Changes the year mentioned on page 3, line 5 of the bill from '2020' to '2022'.
  • The amendment does not provide context about why changing the year is necessary or what specific impact this change will have.
HB0197HW005

Committee of the Whole • Representative Clifford

Adopted

Plain English: The amendment removes specific phrases from the bill text related to medical judgment and decision-making.

  • Removes ', according to appropriate' from the bill text.
  • Deletes 'medical judgment,' from the bill text.
  • It is unclear what impact removing these phrases will have on the overall meaning of the bill.

Bill History

  1. 2020-03-11 Senate

    S:Died in Committee Returned Bill Pursuant to SR 5-4

  2. 2020-03-11 Senate

    S No report prior to CoW Cutoff

  3. 2020-03-02 Senate

    S Introduced and Referred to S10 - Labor

  4. 2020-03-02 Senate

    S Received for Introduction

  5. 2020-02-28 House

    H 3rd Reading:Passed 39-17-4-0-0

  6. 2020-02-27 House

    H 3rd Reading:Laid Back

  7. 2020-02-26 House

    H 2nd Reading:Passed

  8. 2020-02-25 House

    H COW:Passed

  9. 2020-02-20 House

    H Placed on General File

  10. 2020-02-20 House

    H01 - Judiciary:Recommend Do Pass 6-3-0-0-0

  11. 2020-02-13 House

    H Introduced and Referred to H01 - Judiciary 43-16-1-0-0

  12. 2020-02-12 House

    H Received for Introduction

  13. 2020-02-11 LSO

    Bill Number Assigned

Current Bill Text

Read the full stored bill text 
20LSO-0568
2020
STATE OF WYOMING
20LSO-0568
ENGROSSED
3.0

HOUSE BILL NO. HB0197

Abortion-48 hour waiting period.

Sponsored by: Representative(s) Tass, Clem, Gray, Hallinan, Jennings, Laursen, Miller, Styvar and Winter

A BILL

for

AN ACT relating to public safety and health; requiring physicians to wait a specified period of time before performing certain nonemergency abortion procedures; modifying penalties; and providing for an effective date.

Be It Enacted by the Legislature of the State of Wyoming:

Section 1.

W.S. 35
‑
6
‑
102 and 35
‑
6
‑
110 are amended to read:

35
‑
6
‑
102.

No abortion after viability; exception.

(a)

Except when necessary, according to appropriate medical judgment, to preserve the woman from an imminent
peril that substantially endangers her life or health, a
n abortion shall not be performed
:

(i)

A
fter the embryo or fetus has reached viability
;

except when necessary to preserve the woman from an imminent peril that substantially endangers her life or health, according to appropriate medical judgment.
and

(ii)

Not less than forty
‑
eight (48) hours after the patient has been informed as required by W.S. 35
‑
6
‑
119.

35
‑
6
‑
110.

Penalties for violation of W.S. 35
‑
6
‑
102, 35
‑
6
‑
103 or 35
‑
6
‑
104.

(a)

Any physician or other person who violates
any provision of
W.S. 35
‑
6
‑
102
(a)(i)
, 35
‑
6
‑
103 or 35
‑
6
‑
104 is guilty of a felony punishable by imprisonment
in the penitentiary
for not more than fourteen (14) years.

(b)

Any physician or other person who violates W.S. 35
‑
6
‑
102(a)(ii) is guilty of a misdemeanor punishable by imprisonment for not more than one (1) year, a fine of not more than one thousand dollars ($1,000.00), or both.

(c)

Nothing in this section shall be construed to impose criminal liability upon any patient being treated in accordance with W.S. 35
‑
6
‑
102.

Section 2
.

This act is effective July 1, 2020
.

(END)

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HB0197