I’m doing this on the fly and with work deadlines, so this is going to be a little slapdash – mistakes are likely, but let’s look at some of the proposed amendments to SB 1.
(Updated 7/29/2022 – I corrected at least one error I made in the descriptions and updated the amendments to reflect the votes. Bold means the amendment passed, italics mean the amendment failed, and plain text means the amendment wasn’t called.)
1. Glick – mandates hospitals offer long term subdural birth control to a woman after having birth unless the hospital has a religious objection.
2. Bohachek – adds preservation of physical and/or mental health as grounds for abortion. Failed by voice vote.
3. Freeman – gives attorney general jurisdiction to prosecute crimes (including abortion) if prosecuting attorney categorically refuses. Passed by voice vote.
4. Freeman – gives prosecutor in adjacent county jurisdiction to prosecute crimes if local prosecutor categorically refuses.
5. Freeman – gives anyone aggrieved standing to petition for a special prosecutor if local prosecutor categorically refuses.
6. Glick – longish amendment promoting use and insurance coverage for hormonal contraception, both via patch and oral.
7. Charbonneau – limits time for rape or incest abortions to 15 weeks.
8. Glick – creates a pregnancy termination review panel to review complaints that physicians aren’t properly reporting abortions. Limits the AG’s authority to take action against a physician without the recommendation of the review panel.
9. K. Walker – makes health of a woman a grounds for abortion, sets a rape/incest time limit of 20 weeks, and decriminalizes abortions performed prior to 15 weeks.
10. K. Walker – sets a 20 week time limit on rape/incest abortions.
11. Boehnlein – gives AG authority to prosecute unlawful abortions if the local prosecutor categorically refuses.
12. Bohacek – requires FSSA to collect data on neighboring states’ Medicaid reimbursement rates for prenatal, labor, post-natal, and pediatric wellness care.
13. Yoder – adds nontrivial threat to the health of the pregnant woman as grounds for an abortion. After viability or 20 weeks, substantial permanent impairment to the life of the woman would be the standard.
14. Yoder – lists the facilities who can provide medical advice or ultrasound services to pregnant women. I believe this is intended to exclude crisis pregnancy centers. Failed by voice vote.
16. Yoder – adds physical health as a permissible reason for an abortion. After 20 weeks, only an abortion necessary to prevent a substantial permanent impairment to the life or physical health of the woman is permissible.
18. Griffin – Specifies that ectopic pregnancy and placental abruptions constitute a condition incompatible with sustained life outside the womb (and therefore, the termination of pregnancy would not be an “abortion.”) Failed 18-33.
19. L. Brown – Allows the attorney general to complain to the licensing board and have a medical provider’s license revoked if he shows the provider performed an unlawful abortion.
21. Bohacek – removes the affidavit requirement for abortions made necessary by rape or incest.
22. Bohacek – expands the window for rape/incest abortions from 12 weeks to 16 for under 16 year olds and from 8 weeks to 12 for those who are older.
23. Becker – adds a non-binding access to reproductive health, including abortion, referendum question to the ballot.
24. Donato – replaces irremediable medical condition incompatible with sustained life with ectopic pregnancy only as a permissible “non-abortion” termination of pregnancy.
25. Sandlin – gives AG authority to prosecute unlawful abortions if the local prosecutor categorically refuses.
26. JD Ford – creates a pregnancy termination review panel to review complaints that physicians aren’t properly reporting abortions. Limits the AG’s authority to take action against a physician without the recommendation of the review panel. Failed 13-32.
28. JD Ford – returns bill to introduced language concerning felonies where the felony penalty would apply only to partial birth and abortions involving dismemberment, not to other abortions. Failed 14-32.
32. Pol – authorizes a civil suit against the state, and removes the state’s protection under the Indiana Tort Claims Act, for damages incurred by a woman who is unable to obtain a medically necessary abortion because of the state’s laws. Failed 11-35.
35. Lanane – removes affidavit requirement, allows surgical abortions at abortion clinics, adds physical health of the mother as a permissible reason for an abortion, and permits abortion (regardless of reason) up to 20 weeks. Failed 13-33.
36. Lanane – removes affidavit requirement, allows surgical abortions at abortion clinics, adds physical health of the mother as a permissible reason for an abortion, and permits abortion (regardless of reason) up to 15 weeks. Failed 13-33.
39. Melton – defines as a religious burden a prohibition on abortion where a person’s system of religious belief holds that a human life does not begin until a certain point in fetal development; prohibits government from imposing a substantial burden on the person’s religion in that fashion. Failed 12-33.
40. Niezgodski – creates a child support assistance fund to make up the gap in child support arrearage, provides for collection of arrears, and requires rapists whose parental rights are terminated to continue child support payments. Failed 12-33.
41. Lanane – defines reproductive coercion and adds reproductive coercion as a permissible reason for abortion in addition to rape and incest.
42. Lanane – repeals the death penalty.
44. G. Taylor – directs LSA to prepare legislation that updates statutes concerning obligations and benefits owed to children, including life insurance, child support, and child tax deductions to make those obligations and benefits applicable to a fetus at any age of development. Failed 10-36.
47. G. Taylor – modifies provisions having to do with feticide. Failed by voice vote.
52. M. Young – replaces affidavit requirement with a notarized statement requires rape/incest affidavit to be notarized.
53. M. Young – removes rape and incest exceptions.
54. M. Young – gives AG authority to prosecute unlawful abortions if the local prosecutor categorically refuses.
55. M. Young – Makes it a Class B misdemeanor for a health provider to fail to inform parents of rights to dispose of the fetus after a miscarriage or abortion. Makes it a murder if a person kills a woman while attempting to perform an unlawful abortion. Creates the felony of “trafficking in an abortion drug.” Creates the felony of “unlawful abortion trafficking of a minor”
56. M. Young – Allows the attorney general to complain to the licensing board and have a medical provider’s license revoked if he shows the provider performed an unlawful abortion.
57. M. Young – gives anyone aggrieved standing to petition for a special prosecutor if local prosecutor categorically refuses.
59. M. Young – creates a civil cause of action permitting the woman receiving the abortion, the father of a fetus, and/or the parents of a minor to bring a lawsuit against the person who provided an unlawful abortion and collect actual damages, punitive damages, and attorney fees. A rapist is not entitled to bring an action. It’s not clear to me whether this applies to out of state abortion providers. Failed 16-29.
60. M. Young – this is 50 pages long so my analysis here is not at all thorough, but it seems to change “fetus” to “unborn child” and prohibit abortion more or less across the board and prohibit birth control that works after fertilization but before implantation. Abortion seems to be permitted where two physicians agree it’s necessary to prevent the woman’s death.
61. M. Young – gives AG authority to prosecute unlawful abortions if the local prosecutor categorically refuses.
62. M. Young – gives AG authority to prosecute any criminal law if the local prosecutor categorically refuses.