Carl's Capitol Comments

'Oklahoma lawmakers have been zealous in passing pro-life legislation;' 4 new abortion laws

 

August 31, 2022



With the Supreme Court's recent decision overturning Roe v. Wade and returning the matter of abortion back to the states to decide, I've fielded a number of questions about this from my constituents. I want to offer some clarification.

First, Roe v. Wade was a statutory change. The recent Supreme Court ruling upheld that the Constitution does not confer a right to abortion. It does, however, protect the right to life.

Oklahoma is a conservative state, and I believe the majority of those living in our House district favor protecting life.

One thing Oklahoma courts will have to determine, however, is which laws will be considered prevailing. In an effort to protect the life of the unborn, Oklahoma lawmakers have been zealous in passing pro-life legislation. Here's a look at a few of the current laws on the books:

Senate Bill 1555, also known as the "trigger law," triggers the ability for the state to enforce Section 861 of Title 21, which makes those medical doctors performing an abortion guilty of a felony punishable for two to five years in prison. The law also repeals most other abortion laws and regulations in this state considering them unnecessary going forward.

Senate Bill 1612 is a criminal statute the makes the performance of an abortion – outside of a medical emergency to save the life of a pregnant woman – a felony punishable by a fine of not more than $100,000 and up to 10 years in prison. This law does not authorize the charging or conviction of a woman with any criminal offense in the death of her own unborn child. It should not affect contraceptive measures, including Plan B and other such medications.

Senate Bill 1503 is the civil enforcement law that outlaws abortion after a heartbeat is detected, and mandates that physicians check for a heartbeat. This creates a private right of action for anyone to sue a physician for performing an abortion unless it is to save the life of the mother. It allows for the suit to be brought any time within six years of the abortion procedure and allows for $10,000 in statutory damages as well as compensatory damages in certain cases.

House Bill 1437 outlaws abortion after fertilization. It creates a private right of action for anyone to sue a physician for performing an abortion unless it is to save the life of the mother or in cases of rape that has been reported to law enforcement. It also allows for the suit to be brought within six years of the abortion and allows for $10,000 in damages.

It's important to note that none of our laws would punish a woman who has an abortion. Contraception is still legal, and treatment for ectopic pregnancies is legal.

As always, please do not hesitate to contact me. You may reach me by email at [email protected], or phone me at 405-557-7339. God bless you and the State of Oklahoma.

 

Reader Comments(0)

 
 

Our Family of Publications Includes:

Arc
Newsgram

Powered by ROAR Online Publication Software from Lions Light Corporation
© Copyright 2024