HOUSE OF REPRESENTATIVES

H.B. NO.

2231

THIRTIETH LEGISLATURE, 2020

 

STATE OF HAWAII

 

 

 

 

 

 

A BILL FOR AN ACT

 

 

relating to abortion.

 

 

BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF HAWAII:

 


SECTION 1. The purpose of this Act is to require that a mother be informed of whether her fetus has a detectable heartbeat prior to consenting to an abortion.

SECTION 2. Section 453-16, Hawaii Revised Statutes, is amended to read as follows:

"453-16 Intentional termination of pregnancy; fetal heartbeat check; penalties; refusal to perform. (a) No abortion shall be performed in this State unless:

(1) The abortion is performed by a licensed physician or surgeon, or by a licensed osteopathic physician and surgeon; [and]

(2) The abortion is performed in a hospital licensed by the department of health or operated by the federal government or an agency thereof, or in a clinic or physician's or osteopathic physician's office[.]; and

(3) The physician or surgeon who performs the abortion first determines, according to standard medical practice, whether the fetus has a detectable heartbeat, and obtains the informed consent of the mother to proceed with the abortion, with full knowledge of the results of that determination; provided that this paragraph shall not apply to an abortion that is necessary to save the life of a mother whose life is endangered by a physical disorder, physical illness, or physical injury, including a life-endangering physical condition caused by or arising from the pregnancy itself, but not including psychological or emotional conditions.

(b) Abortion shall mean an operation to intentionally terminate the pregnancy of a nonviable fetus. The termination of a pregnancy of a viable fetus is not included in this section.

(c) The State shall not deny or interfere with a female's right to choose or obtain an abortion of a nonviable fetus or an abortion that is necessary to protect the life or health of the female.

(d) Any person who knowingly violates subsection (a) shall be fined not more than $1,000 or imprisoned not more than five years, or both.

(e) Nothing in this section shall require any hospital or any person to participate in an abortion nor shall any hospital or any person be liable for a refusal.

(f) A defendant charged with violating subsection (a)(3) may seek a hearing before the board of medical examiners on whether the defendant's conduct was necessary to save the life of the mother whose life was endangered by a physical disorder, physical illness, or physical injury, including a life-endangering physical condition caused by or arising from the pregnancy itself, but not including psychological or emotional conditions. The findings by the board of medical examiners shall be admissible at the trial of the defendant. Upon a motion of the defendant, the court shall delay the beginning of the trial for not more than thirty days to permit a hearing before the board of medical examiners to take place. A mother upon whom an abortion performed shall not be prosecuted under subsection (a)(3) for a conspiracy to violate that section.

(g) A physician or surgeon who has performed an abortion shall document in the mother's medical file the fetal heartbeat determination made pursuant to subsection (a)(3), the results of that determination, notification of the mother of the results, and any information entered into evidence in any proceedings under subsection (f). Title 45, Code of Federal Regulations, section 164.530(j)(2) shall apply to the documentation."

SECTION 3. This Act does not affect rights and duties that matured, penalties that were incurred, and proceedings that were begun before its effective date.

SECTION 4. If any provision of this Act, or the application thereof to any person or circumstance, is held invalid, the invalidity does not affect other provisions or applications of the Act that can be given effect without the invalid provision or application, and to this end the provisions of this Act are severable.

SECTION 5. Statutory material to be repealed is bracketed and stricken. New statutory material is underscored.

SECTION 6. This Act shall take effect upon its approval.

 

INTRODUCED BY:

_____________________________

 

 


 


 

Report Title:

Abortion; Fetal Heartbeat; Informed Consent

 

Description:

Requires that a mother be informed of whether her fetus has a detectable heartbeat prior to consenting to an abortion. Provides for criminal penalties against a physician or surgeon who performs an abortion without obtaining informed consent relating to fetal heartbeat.

 

 

 

The summary description of legislation appearing on this page is for informational purposes only and is not legislation or evidence of legislative intent.