MISSISSIPPI LEGISLATURE

2023 Regular Session

To: Public Health and Human Services; Judiciary B; Rules

By: Representatives Banks, Summers

House Bill 938

AN ACT TO REPEAL SECTION 41-41-45, MISSISSIPPI CODE OF 1972, WHICH PROHIBITS ABORTION EXCEPT FOR THE PRESERVATION OF THE MOTHER'S LIFE OR WHERE THE PREGNANCY IS CAUSED BY RAPE; TO REPEAL SECTION 97-3-3, MISSISSIPPI CODE OF 1972, WHICH CREATES A FELONY CRIME FOR ANY PERSON WHO WILLFULLY AND KNOWINGLY CAUSES ANY PREGNANT WOMAN TO ABORT OR MISCARRY A CHILD; TO REPEAL SECTION 97-3-4, MISSISSIPPI CODE OF 1972, WHICH CREATES A FELONY CRIME FOR ALLOWING A CHILD DELIVERED IN FAILED ABORTION TO DIE; TO REPEAL SECTION 97-3-5, MISSISSIPPI CODE OF 1972, WHICH CREATES A MISDEMEANOR CRIME FOR ANY PERSON WHO PROVIDES AN INSTRUMENT OR MEDICINE TO ASSIST A WOMAN IN OBTAINING AN ABORTION; AND FOR RELATED PURPOSES.

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

     SECTION 1.  Section 41-41-45, which prohibits abortion except for the preservation of the mother's life or where the pregnancy is caused by rape, is repealed.

     SECTION 2.  Section 97-3-3, which creates a felony crime for any person who willfully and knowingly causes any pregnant woman to abort or miscarry a child, is repealed.

     SECTION 3. Section 97-3-4, which creates a felony crime for allowing a child delivered in failed abortion to die, is repealed.

     SECTION 4. Section 97-3-5, which creates a misdemeanor crime for any person who provides an instrument or medicine to assist a woman in obtaining an abortion, is repealed.

     SECTION 5.  This act shall take effect and be in force from and after July 1, 2023.