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IN THE SENATE
SENATE BILL NO. 1309
BY STATE AFFAIRS COMMITTEE
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AN ACT
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RELATING TO THE FETAL HEARTBEAT PREBORN CHILD PROTECTION ACT; AMENDING SEC-
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2021, TO REDESIGNATE THE SECTION AND TO REVISE A DEFINITION; AMENDING
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OF 2021, TO REDESIGNATE THE SECTION AND TO REVISE LEGISLATIVE FINDINGS
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1, CHAPTER 289, LAWS OF 2021, TO REDESIGNATE THE SECTION AND TO PROVIDE
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BY SECTION 1, CHAPTER 289, LAWS OF 2021, TO REDESIGNATE THE SECTION, TO
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PROVIDE AN EFFECTIVE DATE UPON A CERTAIN OCCURRENCE, AND TO PROVIDE AP-
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TION 1, CHAPTER 289, LAWS OF 2021, RELATING TO EFFECTIVENESS UPON A CER-
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SECTION 1, CHAPTER 289, LAWS OF 2021, TO REDESIGNATE THE SECTION AND TO
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PROVIDE FOR CIVIL CAUSES OF ACTION IN CERTAIN INSTANCES; AND DECLARING
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AN EMERGENCY AND PROVIDING AN EFFECTIVE DATE.
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Chapter 289, Laws of 2021, be, and the same is hereby amended to read as fol-
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lows:
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18-87018801. DEFINITIONS. As used in this chapter:
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the clinically diagnosable pregnancy of a woman with knowledge that the ter-
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mination by those means will, with reasonable likelihood, cause the death of
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vice or birth control pill to inhibit or prevent ovulations, fertilization,
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or the implantation of a fertilized ovum within the uterus.
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(2) "Fetal heartbeat" means embryonic or fetal cardiac activity or the
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steady and repetitive rhythmic contraction of the fetal heart within the
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gestational sac.
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(3) "Fetus" and "preborn child" each mean an individual organism of the
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species Homo sapiens from fertilization until live birth.
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(4) "Gestational age" means the age of a preborn human individual as
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calculated from the first day of the last menstrual period of a pregnant
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woman.
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(5) "Medical emergency" means a condition that, on the basis of the
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physician's good faith clinical in reasonable medical judgment, so com-
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plicates the medical condition of a pregnant woman as to necessitate the
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will create serious risk of substantial and irreversible impairment of a
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major bodily function.
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Chapter 289, Laws of 2021, be, and the same is hereby amended to read as fol-
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lows:
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18-87028802. LEGISLATIVE FINDINGS AND INTENT. The legislature finds
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and declares that:
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(1) The life of each human being begins at fertilization, and unborn
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preborn children have interests in life, health, and well-being that should
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be protected.
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(2) The cardiopulmonary definition of death, which is the reigning com-
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mon law standard for determining death, is defined as the "irreversible ces-
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sation of circulatory and respiratory functions." This cardiopulmonary def-
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inition of death was included in the uniform determination of death act, a
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model law that was adopted by numerous medical and ethics organizations, in-
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cluding the national conference of commissioners on uniform state laws, the
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(3) Legal standards and the medical community at large both affirm
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that a consistent human heartbeat, independent of life support, is a core
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determining factor in establishing the legal presence of human life in a full
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range of circumstances, for old and young alike.
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(4) The heartbeat of a preborn child begins at a biologically identifi-
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able moment in time that can be detected and imaged by medical equipment.
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(5) A detectable fetal heartbeat and its characteristics is a key medi-
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cal predictor in whether a preborn child will reach live birth.
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(6) The fetal heartbeat, when detected, presents a clearly identifi-
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able point at which the preborn child in the womb has a greater than ninety-
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five percent (95%) chance of survival when carried to term.
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(7) The presence of a human heartbeat is a more reliable indicator of
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life than the medically uncertain concept of "viability" and whether that
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preborn child is "potentially able to live outside the mother's womb."
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ing the life of a preborn child at all stages of its development, including
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after the preborn child has a detectable heartbeat, which signals rhythmi-
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cally and without pause the presence of a precious and unique life, one that
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is independent and distinct from the mother's and one that is also worthy of
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our utmost protection.
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Chapter 289, Laws of 2021, be, and the same is hereby amended to read as fol-
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lows:
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fetal heartbeat has been detected, except in the case of a medical emergency,
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incest:
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(1a) If the woman is not a minor or subject to guardianship, then, prior
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rape or incest to a law enforcement agency and provided a copy of such
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(2b) If the woman is a minor or subject to guardianship, then, prior to
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reported the act of rape or incest to a law enforcement agency or child
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protective services and a copy of such report have been provided to the
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tal heartbeat is detected.
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Chapter 289, Laws of 2021, be, and the same is hereby amended to read as fol-
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lows:
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18-87058805. PENALTIES FOR VIOLATIONS -- EFFECTIVE UPON A CERTAIN OC-
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CURRENCE. (1) This section shall become effective thirty (30) days follow-
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born child because a detectable heartbeat is present on the grounds that such
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(2) Every licensed health care professional who intentionally, know-
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felony punishable by a sentence of imprisonment of no less than two (2) years
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and no more than five (5) years in prison.
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(3) The professional license of any health care professional who per-
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licensing board for a minimum of six (6) months upon a first offense and shall
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be permanently revoked upon a subsequent offense.
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(4) Nothing in this section shall be construed to conflict with the ef-
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circumstances described in that section. In the event both this section and
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shall supersede this section.
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SECTION 5. That Section
18-8706,
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Chapter 289, Laws of 2021, be, and the same is hereby repealed.
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Chapter 289, Laws of 2021, be, and the same is hereby amended to read as fol-
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lows:
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is performed in violation of this chapter may recover in a civil action all
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tentionally, knowingly, and recklessly violated the provisions of section
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tempted or performed, the father of the preborn child, a grandparent of the
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preborn child, a sibling of the preborn child, or an aunt or uncle of the pre-
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born child may maintain an action for:
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(a) All damages from the medical professionals who knowingly or reck-
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this chapter;
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(b) Notwithstanding any other provision of law, statutory damages in an
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amount not less than twenty thousand dollars ($20,000) from the medical
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professionals who knowingly or recklessly attempted, performed, or in-
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(c) Costs and attorney's fees.
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(2) Notwithstanding any other provision of law, a person may bring an
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action under this section not later than four (4) years following the date
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the cause of action accrues.
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(3) Notwithstanding any other provision of law, a civil cause of action
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under this section may not be brought by a person who impregnated the mother
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through an act of rape or incest.
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(4) Notwithstanding any other provision of law, including chapter 1,
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fendant in an action brought under this section.
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(5) It shall be an affirmative defense if a person sued under subsection
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(1) of this section reasonably believed, after conducting a reasonable in-
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plied or would comply with the provisions of this chapter. The defendant has
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the burden of providing an affirmative defense by a preponderance of the evi-
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dence.
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(6) The civil causes of action provided for in this section exist inde-
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pendently of any criminal action commenced pursuant to this chapter. A civil
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cause of action may be pursued under the provisions of this chapter even if a
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criminal prosecution is not pursued.
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(7) Notwithstanding any other provision of law, including chapters 14,
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enforced exclusively through the private civil causes of action described.
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No enforcement of this section may be taken or threatened against any person
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by this state, a political subdivision of this state, a prosecuting attor-
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ney, or an executive or administrative officer or employee of this state or a
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political subdivision of this state.
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(8) Notwithstanding any other provision of law, this state, a state of-
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ficial, or a prosecuting attorney may not intervene in an action brought un-
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der this section. Nothing in this subsection shall prohibit a person de-
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scribed in this subsection from filing an amicus curiae brief in the action.
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(9) Nothing in this section shall be deemed to affect any familial
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SECTION 7. An emergency existing therefor, which emergency is hereby
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declared to exist, this act shall be in full force and effect thirty days fol-
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lowing signature by the Governor.