SF0133 • 2021

Prohibiting abortifacients and chemical abortions.

AN ACT relating to abortions; prohibiting abortifacient drugs for abortions as specified; providing a criminal penalty for violating the prohibition on abortifacient drugs; providing definitions; specifying exceptions; making conforming amendments; and providing for an effective date.

Abortion Children Crime Healthcare

Did Not Pass

The latest official action shows that this bill did not move forward in that session.

Sponsor: Senator Salazar
Last action: 2021-03-31
Official status: inactive
Effective date: 3/1/2021

Plain English Breakdown

The bill did not pass and was never signed into law.

Prohibiting Certain Abortion Drugs

The bill prohibits the use of certain drugs for abortions in Wyoming and sets penalties for violations.

What This Bill Does

Bans anyone from using abortion drugs to end a pregnancy in Wyoming.
Allows exceptions for women who have an abortion performed on them, contraceptive use before conception is confirmed, natural miscarriages treated according to medical guidelines, and emergency treatments that save the woman's life or health.
Makes it illegal for doctors or others to break this ban, punishable by up to six months in jail, a $750 fine, or both.

Who It Names or Affects

Doctors and other medical professionals who prescribe or use abortion drugs.
Women seeking abortions using certain medications.

Terms To Know

Abortifacient drug: A medication used to end a pregnancy, such as mifepristone or misoprostol.
Pregnancy: The condition of being pregnant with a human embryo or fetus within the body.

Limits and Unknowns

The bill did not pass and was never signed into law.
It only applies to specific drugs used for abortion, not all methods of ending pregnancies.

Amendments

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

SF0133S2001

2nd reading • Senator Steinmetz

Adopted

Plain English: The amendment changes the penalty for violating the prohibition on abortifacient drugs from a felony to a misdemeanor, reduces the jail time and fine amount, and adds an exception for treating natural miscarriages.

Changes the criminal penalty for using abortifacients from a felony to a misdemeanor.
Reduces the maximum jail sentence from fourteen years to six months.
Decreases the maximum fine from $10,000 to $750.
Adds an exception allowing treatment of natural miscarriages according to accepted medical guidelines.

The amendment text does not provide details on how the changes will be enforced or what constitutes 'currently accepted guidelines' for treating natural miscarriages.

SF0133S2002

2nd reading • Senator Perkins

Divided

Plain English: The amendment adds a new exception for abortion procedures when they are necessary to save a woman's life or health, based on professional medical judgment.

Adds an exception allowing abortions if they are needed to prevent imminent danger to the woman’s life or health.

The amendment does not specify what constitutes 'imminent peril' or how it will be determined according to 'appropriate medical judgment'.

SF0133S2002.01

2nd reading • Senator Perkins

Corrected, Adopted

Plain English: The amendment adds a new condition under which certain abortion drugs can be used, allowing for treatment if it is necessary to protect a woman's life or health from an imminent danger.

Adds a provision that allows the use of abortifacient drugs when such treatment is needed to preserve the woman's life or health from an immediate threat.

The amendment does not specify what constitutes 'appropriate medical judgment' and how it will be determined.
It is unclear if this new provision will change existing practices or interpretations of when abortion drugs can be used.

SF0133S2002.02

2nd reading • Senator Perkins

Corrected, Failed

Plain English: The amendment adds language to the bill that defines when an abortion can be performed on a nonviable embryo, fetus, or unborn child.

Adds new wording after line 13 of page 2 in the original bill text.

The exact impact and context of this amendment are limited by the lack of detailed information about how it fits into the rest of the bill's provisions.
It is unclear what specific actions or penalties would be associated with performing an abortion on a nonviable embryo, fetus, or unborn child.

Bill History

2021-03-31 House
H Did Not Consider for Introduction
2021-03-31 House
H Did not Consider for Introduction
2021-03-19 House
H Received for Introduction
2021-03-19 Senate
S 3rd Reading:Passed 22-7-1-0-0
2021-03-18 Senate
S 2nd Reading:Passed
2021-03-17 Senate
S COW:Passed
2021-03-10 Senate
S Placed on General File
2021-03-10 Senate
S10 - Labor:Recommend Do Pass 4-1-0-0-0
2021-03-08 Senate
:Rerefer to S10 - Labor
2021-03-02 Senate
S Introduced and Referred to S01 - Judiciary
2021-03-01 Senate
S Received for Introduction
2021-03-01 LSO
Bill Number Assigned

Current Bill Text

Read the full stored bill text

21LSO-0632
2021
STATE OF WYOMING
21LSO-0632
ENGROSSED
3.0

SENATE FILE NO. SF0133

Prohibiting abortifacients and chemical abortions.

Sponsored by: Senator(s) Salazar, Biteman, Bouchard, French and Steinmetz and Representative(s) Baker, Gray, Jennings and Wharff

A BILL

for

AN ACT relating to abortions; prohibiting abortifacient drugs for abortions as specified; providing a criminal penalty for violating the prohibition on abortifacient drugs; providing definitions; specifying exceptions; making conforming amendments; and providing for an effective date.

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

Section 1
.

W.S. 35
‑
6
‑
120 is created to read:

35
‑
6
‑
120.

Abortifacient drugs prohibited; exceptions; penalty.

(a)

Notwithstanding any other provision of law, no person shall manufacture, distribute, prescribe, dispense,
sell, transfer or use any abortifacient drug in the state for the purpose of procuring or performing an abortion.

(b)

The prohibition in subsection (a) shall not apply to:

(i)

A woman upon whom an abortion is performed or attempted in which an abortifacient drug is used;

(ii)

The sale, use, prescription or administration of any other contraceptive agent administered before conception or before pregnancy can be confirmed through conventional medical testing;

(iii)

Treatment of a natural miscarriage according to currently accepted guidelines;

(iv)

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

(c)

Any physician or other person who violates subsection (a) of this section is guilty of a misdemeanor
punishable by imprisonment for not more than six (6) months, a fine not to exceed seven hundred fifty dollars ($750.00), or both.

Section 2.

W.S. 35
‑
6
‑
101(a)(vi), by creating a new paragraph (xii) and by amending and renumbering (xii) as (xiii) is amended to read:

35
‑
6
‑
101.

Definitions.

(a)

As used in the act, unless the context otherwise requires:

(vi)

"Pregnant"
or "pregnancy"
means that condition of a woman who has a human embryo or fetus within her as the result of conception;

(xii)

"Abortifacient drug" means mifepristone, misoprostol, mifeprex, mifegyne or any substantially similar generic or non
‑
generic drug or chemical dispensed for purposes of causing an abortion;

(xii)
(xiii)

"This act" means W.S. 35
‑
6
‑
101 through
35
‑
6
‑
119
35
‑
6
‑
120
.

Section 3
.

This act is effective July 1, 2021
.

(END)

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SF0133