House Bill 1368

AN ACT TO AMEND SECTION 97-3-3, MISSISSIPPI CODE OF 1972, TO PROHIBIT ABORTION EXCEPT TO SAVE THE LIFE OF A PREGNANT WOMAN; TO PROVIDE A FINE OF $100,000.00 FOR VIOLATION OF THIS ACT; TO PROVIDE AN EXCEPTION TO THE PROHIBITION IF MEDICAL TREATMENT OF A PREGNANT WOMAN RESULTS IN THE ACCIDENTAL DEATH OF AN UNBORN CHILD; AND FOR RELATED PURPOSES.

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

SECTION 1. Section 97-3-3, Mississippi Code of 1972, is amended as follows:

97-3-3. (1) Any person * * * ~~wilfully~~ willfully and knowingly causing, by means of any instrument, medicine, drug or other means whatever, any woman pregnant with child to abort or miscarry, or attempts to procure or produce an abortion or miscarriage shall be guilty of a felony unless the same were done by a duly licensed, practicing physician * * *:

to save the life of a pregnant woman in a medical emergency.

* * *

Said person shall, upon conviction, be imprisoned in the State Penitentiary not less than one (1) year nor more than ten (10) years; by a fine not to exceed One Hundred Thousand Dollars ($100,000.00), or both, provided, however, if the death of the mother results therefrom, the person procuring, causing or attempting to procure or cause the illegal abortion or miscarriage shall be guilty of murder.

(2) No act prohibited in subsection (1) of this section shall be considered exempt under the provisions of paragraph (a) thereof unless performed upon the prior advice in writing, of two (2) reputable licensed physicians.

(3) The license of any physician or nurse shall be automatically revoked upon conviction under the provisions of this section.

(4) Nothing in this section shall be construed as conflicting with Section 41-41-73.

(5) The provisions of this section do not:

(a) Authorize the charging or conviction of a woman with any criminal offense in the death of her own unborn child, or

(b) Prohibit the sale, use, prescription or administration of a contraceptive measure, drug or chemical if such is administered before the time when a pregnancy could be determined through conventional medical testing and if the contraceptive measure, drug or chemical is sold, used, prescribed or administered in accordance with manufacturer instructions.

(6) It shall be an affirmative defense to prosecution under this section if a licensed physician provides medical treatment to a pregnant woman which results in the accidental or unintentional injury or death to the unborn child.

SECTION 2. This act shall take effect and be in force from and after July 1, 2022.