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Bill Summary · HB 533

HB 533 — Human Life Protection Act of 2023

Status: Passed 1st Reading
Introduced: November 12, 2024 (bill information provided)
Subject areas: Abortion, Crimes, Health Services, Physicians, Pregnancy, Public Health, Women

Main purpose

To prohibit abortion from the point of fertilization (conception) except in narrowly defined circumstances to preserve the life of the pregnant woman, and to establish criminal, civil, and professional sanctions for prohibited abortions.

Key provisions

  • Definition framework

    • “Abortion” is defined broadly as any act—instrument, drug, medicine, device, or other means—intended to cause the death of an “unborn child.”
    • “Fertilization” is defined as sperm penetration of the ovum; “unborn child” is defined from fertilization until birth.
    • The definition expressly excludes routine birth‑control devices and oral contraceptives.

  • Prohibition and medical exception

    • General rule: knowingly performing, inducing, or attempting an abortion is prohibited.
    • Exception: a licensed physician may perform an abortion only when, in the physician’s reasonable medical judgment, the pregnant female has a life‑threatening physical condition caused or aggravated by pregnancy that places her at risk of death or serious impairment of a major bodily function unless an abortion is performed.
    • When an exception applies, the abortion must be performed in a manner that, in reasonable medical judgment, gives the unborn child the best chance to survive—unless that approach would pose a greater risk to the pregnant woman’s life or major bodily function.

  • Other clarifications

    • Medical treatment that accidentally or unintentionally injures or kills an unborn child does not constitute a violation.
    • Pregnant women on whom abortions are performed are not subject to the criminal/civil/administrative penalties in the statute.

  • Penalties and enforcement

    • Criminal: violation resulting in death of an unborn child is a Class B1 felony; other violations are Class B2 felonies.
    • Civil: minimum civil penalty of $100,000 per violation; the Attorney General is authorized to sue to recover penalties and attorney’s fees; net proceeds directed to the State Civil Penalty and Forfeiture Fund.
    • Professional discipline: licensing authorities required to revoke licenses/permits of health care professionals who violate the prohibition.

  • Conforming and repealer provisions

    • The bill repeals earlier statutory provisions on abortion cited in the draft and includes severability language.

Who would be affected

  • Primary: physicians and other health care providers who diagnose/treat pregnancy complications and who may previously have provided induced abortions.
  • Patients: individuals seeking abortion care; providers of emergency obstetric care.
  • State actors: Attorney General (civil enforcement), professional licensing boards (discipline), and criminal justice system (prosecutions).
  • Health facilities and hospitals that deliver pregnancy‑related care.

Procedural / timeline aspects

  • The draft text included an effective date clause (the example draft shows an effective date of July 1, 2023). (Note: bill information lists introduction on Nov 12, 2024 and status “Passed 1st Reading.”)
  • Enforcement mechanisms allow both criminal prosecution and civil actions by the state.

Practical implications and considerations

  • Substantial legal exposure for providers (felony risk, license revocation, six‑figure civil penalties).
  • Narrow medical exception requires physician judgment and documentation that a condition is life‑threatening and that the chosen treatment was consistent with trying to preserve fetal survival when feasible.
  • Could affect emergency and pregnancy‑related clinical decision‑making, hospital policies, malpractice/risk management, and access to reproductive health services.

Compiled from official sources — confirm details with the bill’s official record.

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