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21LSO-0639
2021
STATE OF WYOMING
21LSO-0639
Numbered
2.0
HOUSE BILL NO. HB0235
Human life protection act.
Sponsored by: Representative(s) Neiman, Andrew, Baker, Bear, Eklund, Flitner, Gray, Heiner, Jennings, Ottman, Rodriguez-Williams, Romero-Martinez and Styvar and Senator(s) French, Hicks, Hutchings and Steinmetz
A BILL
for
AN ACT relating to abortions; limiting the circumstances under which an abortion may be performed; specifying means of care; limiting the use of appropriated funds; modifying a penalty; requiring rulemaking; repealing provisions; and providing for effective dates.
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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102, 35
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6
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103, 35
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6
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109, 35
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6
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116, 35
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6
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117 and 35
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6
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118(a)(intro) are amended to read:
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102.
Limitation on abortions; exception.
To further the purposes of article 1, section 2 of the Wyoming constitution, a
n abortion shall not be performed
after the embryo or fetus has reached viability
except when necessary to preserve the woman from an imminent peril that
substantially
clearly
endangers her life
.
or health, according to appropriate medical judgment.
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6
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103.
Intentional termination prohibited; means of care.
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 of
the unborn infant prior to, during or following the procedure.
Commonly accepted means of care for the unborn infant's gestational age shall be employed in the treatment of any infant aborted alive.
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6
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109.
Rules and regulations for disposal of bodies and parts thereof.
The state department of health
may
shall
prescribe rules and regulations for the disposal of the bodies, tissues, organs and parts thereof of an unborn child, human fetus or human embryo which has been aborted.
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116.
Advertising drug or nostrum for procuring abortion or miscarriage.
Whoever prints or publishes any advertisement of any drug or nostrum with intent to obtain utilization of such drug or nostrum for procuring abortion or miscarriage; or sells or gives away, or keeps for sale or gratuitous distribution, any newspaper, circular, pamphlet, or book containing such advertisement, or any account or description, of such drug or nostrum with intent to obtain utilization of such drugs or nostrum to procure abortion or miscarriage, shall be fined not more than
one hundred dollars ($100.00)
five thousand dollars ($5,000.00)
, to which may be added imprisonment in the county jail for not more than six (6) months.
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6
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117.
Use of appropriated funds for abortion prohibited; exceptions.
No funds appropriated by the legislature of the state of Wyoming shall be used to pay for abortions except when
the pregnancy is the result of incest as defined by W.S. 6
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4
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402 or sexual assault as defined by W.S. 6
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2
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301 if the assault is reported to a law enforcement agency within five (5) days after the assault or within five (5) days after the time the victim is capable of reporting the assault, or when
the life of the mother would be endangered if the unborn child was carried to full term.
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118.
Procedure governing abortion performed upon minor.
(a)
An abortion shall not be performed upon a minor unless at least one (1) of the minor's parents or her guardian are notified
in writing at least forty
‑
eight (48) hours before the abortion, and the attending physician has obtained the written consent of the minor and at least one
(1) parent or guardian of the minor, unless:
and the life of the minor is endangered as provided by W.S. 35
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6
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102.
Section 2.
W.S. 35
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6
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104, 35
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6
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112, 35
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6
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118(a)(i), (ii) and (b) are repealed.
Section 3
.
On or before July 1, 2021, the department of health shall promulgate any rules necessary to administer this act.
Section 4.
(a)
Except as provided in subsection (b) of this section, this act is effective July 1, 2021
.
(b) Sections 3 and 4 are effective immediately upon completion of all acts necessary for a bill to become law as provided by Article 4, Section 8 of the Wyoming Constitution.
(END)
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HB0235