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21LSO-0454
2021
STATE OF WYOMING
21LSO-0454
Numbered
2.0
HOUSE BILL NO. HB0134
Human heartbeat protection act.
Sponsored by: Representative(s) Gray, Andrew, Baker, Bear, Blackburn, Flitner, Fortner, Haroldson, Harshman, Knapp, Laursen, Neiman, Ottman, Rodriguez-Williams, Romero-Martinez, Styvar, Wharff and Winter and Senator(s) Biteman, Boner, Bouchard, Hicks, Hutchings, Kinskey and McKeown
A BILL
for
AN ACT relating to public health; providing that no abortion shall be performed after the embryo or fetus has a detectable fetal heartbeat; modifying laws from a viability to a detected heartbeat standard; and providing for an effective date.
Be It Enacted by the Legislature of the State of Wyoming:
Section 1
.
W.S. 35
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6
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101(a)(i), by creating a new paragraph (xii) and by renumbering (xii) as (xiii) and 35
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6
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102 through 35
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6
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104 are amended to read:
35
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6
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101.
Definitions.
(a)
As used in the act, unless the context otherwise requires:
(i)
"Abortion" means an act, procedure, device or prescription administered to or prescribed for a pregnant woman by any person with knowledge of the pregnancy, including the pregnant woman herself, with the intent of producing the premature expulsion, removal or termination of a human embryo or fetus, except that in cases in which the
viability
detectable fetal heartbeat
of the embryo or fetus is threatened by continuation of the pregnancy, early delivery after
viability
the detection of a fetal heartbeat
by commonly accepted obstetrical practices shall not be construed as an abortion;
(xii)
"Detectable fetal heartbeat" means cardiac activity or the steady and repetitive rhythmic contraction of the fetal heart within the gestational sac that is detectable using standard medical equipment;
(xii)
(xiii)
"This act" means W.S. 35
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6
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101 through 35
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6
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119.
35
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6
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102.
No abortion after heartbeat; exception.
An abortion shall not be performed after the embryo or fetus has
reached viability
a detectable fetal heartbeat
except when necessary to preserve the woman from an imminent peril that substantially endangers her life or health, according to appropriate medical judgment.
35
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6
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103.
Viability not affected by abortion.
A physician who performs an abortion procedure employed pursuant to W.S. 35
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6
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102 shall not intentionally terminate the
viability
heartbeat
of the unborn infant prior to, during or following the procedure.
35
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6
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104.
Means of treatment for viable abortion.
The commonly accepted means of care shall be employed in the treatment of any
viable
infant aborted
alive
with a detectable heartbeat
with any chance of survival.
Section 2
.
W.S. 35
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6
‑
101(a)(vii) is repealed
.
Section 3
.
This act is effective July 1, 2021
.
(END)
1
HB0134