Bill would prohibit abortion and add related criminal penalties

A person would commit a crime by knowingly performing an abortion or by performing an abortion during artificial insemination that destroys a fertilized embryo. The abortion definition covers using or prescribing a drug, instrument, medicine, device, or other means with intent to cause the death of an unborn child at any stage of pregnancy. The bill would also punish attempted, planned, or solicited violations. The exceptions cover surgery intended to save an unborn child's life or preserve the unborn child's health, and surgery to remove an unborn child who died from miscarriage, stillbirth, or ectopic pregnancy. If enacted, the provisions would take effect after publication in the Kansas statute book.

A wrongful-death lawsuit could seek damages for the death of an unborn child, while certain lawsuits claiming harm from not obtaining an abortion would be barred. The wrongful-death provision covers a living human organism in the uterus from fertilization through birth. The wrongful-death rule would not apply to an act by the mother, a lawful medical procedure requested by the pregnant woman or her guardian, lawful prescribed medicine, or a procedure allowed by the bill's medical exceptions. The limits on wrongful-birth and wrongful-life claims would not block claims involving the mother's death or injury, or treatment that preserved an individual's health and life. If enacted, these rules would take effect after publication in the Kansas statute book.

People would be barred from buying, selling, or transferring fetal tissue for payment and from using donated tissue without required consent. The rules cover tissue, cells, or organs from an embryo or fetus after an abortion, miscarriage, or stillbirth. The payment ban would allow limited payments for transportation, processing, preservation, and storage costs. The transplantation restriction would apply when tissue came from an abortion and specified promises, family transfers, or abortion-cost payments were involved. A person who intentionally, knowingly, or recklessly violated these rules would face a severity level 2 nonperson felony. If enacted, these rules would take effect after publication in the Kansas statute book.

Qualifying pregnancy resource centers and residential maternity facilities would not pay sales tax on purchased goods and services. Eligible organizations must be nonprofit Kansas organizations exempt from federal income tax, keep a client-accessible location and phone number, offer free pregnancy-related support, and use trained healthcare providers for available medical procedures. The services must help people carry pregnancies to term, encourage parenting or adoption, prevent abortion, or promote healthy childbirth. The bill does not state that the exemption depends on legislative funding. If enacted, the exemption would apply after the act takes effect following publication in the Kansas statute book.