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Title XII PUBLIC HEALTH AND WELFARE

Chapter 188

previous next Effective - 01 Jan 2099, see footnotebottom

  188.017.  Right to Life of the Unborn Child Act — limitation on abortions, when — affirmative defense — contingent effective date. — 1.  This section shall be known and may be cited as the "Right to Life of the Unborn Child Act".

  2.  Notwithstanding any other provision of law to the contrary, no abortion shall be performed or induced upon a woman, except in cases of medical emergency.  Any person who knowingly performs or induces an abortion of an unborn child in violation of this subsection shall be guilty of a class B felony, as well as subject to suspension or revocation of his or her professional license by his or her professional licensing board.  A woman upon whom an abortion is performed or induced in violation of this subsection shall not be prosecuted for a conspiracy to violate the provisions of this subsection.

  3.  It shall be an affirmative defense for any person alleged to have violated the provisions of subsection 2 of this section that the person performed or induced an abortion because of a medical emergency.  The defendant shall have the burden of persuasion that the defense is more probably true than not.

  *4.  The enactment of this section shall only become effective upon notification to the revisor of statutes by an opinion by the attorney general of Missouri, a proclamation by the governor of Missouri, or the adoption of a concurrent resolution by the Missouri general assembly that:

  (1)  The United States Supreme Court has overruled, in whole or in part, Roe v. Wade, 410 U.S. 113 (1973), restoring or granting to the state of Missouri the authority to regulate abortion to the extent set forth in this section, and that as a result, it is reasonably probable that this section would be upheld by the court as constitutional;

  (2)  An amendment to the Constitution of the United States has been adopted that has the effect of restoring or granting to the state of Missouri the authority to regulate abortion to the extent set forth in this section; or

  (3)  The United States Congress has enacted a law that has the effect of restoring or granting to the state of Missouri the authority to regulate abortion to the extent set forth in this section.

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(L. 2019 H.B. 126 §188.017, § B)

*Contingent effective date, see subsection 4.


---- end of effective   01 Jan 2099 ----

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