House Bill 1055

AN ACT TO CREATE THE FELONY OF PERFORMING AN ABORTION BY USE OF AN ABORTIFACIENT SUPPLIED BY A PERSON OR ENTITY OUTSIDE THE STATE; TO DEFINE CERTAIN TERMS; TO ESTABLISH CRIMINAL PENALTIES; TO AUTHORIZE A PREGNANT WOMAN WHO RECEIVES AN ABORTIFACIENT TO BRING A CIVIL ACTION AGAINST A PERSON OR ENTITY PERFORMING OR ATTEMPTING TO PERFORM AN ABORTION IN VIOLATION OF THIS ACT; TO ESTABLISH AFFIRMATIVE DEFENSES TO CRIMINAL AND CIVIL ACTIONS BROUGHT UNDER THIS ACT; AND FOR RELATED PURPOSES.

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

SECTION 1. (1) As used in this section, the following words and phrases have the meanings ascribed in this subsection unless the context clearly requires otherwise:

(a) "Abortifacient" means any drug, medicine, substance, chemical or means used to cause an abortion which either:

(i) Requires a prescription based on guidelines issued by the United States Food and Drug Administration; or

(ii) Is not approved by the Food and Drug Administration and is primarily used to cause an abortion.

(b) "Foreign sender" means a person or entity that:

(i) Mails or sends by common carrier an abortifacient to an address in this state or to a person in this state; or

(ii) Intentionally places an abortifacient into the stream of commerce when the person or entity knows that the abortifacient is substantially likely to be used in this state or mailed or sent by common carrier to an address in this state or to a person in this state; or

(iii) Knowingly prescribes an abortifacient to a person in this state, regardless of whether the prescriber is in this state or has knowledge that the recipient is in this state.

(c) "Gestation" means the development of a human embryo or fetus as calculated from the first day of the pregnant woman's last menstrual cycle.

(2) It is a felony for a person to perform or attempt to perform an abortion with an abortifacient whenever one (1) of the following conditions exists:

(a) The person is a foreign sender who knowingly mails or sends by common carrier an abortifacient to an address in this state or to a person in this state;

(b) The person is a foreign sender who knowingly disseminates an abortifacient in this state without a valid prescription; or

(c) The person is a foreign sender who intentionally places an abortifacient into the stream of commerce when the person has knowledge that the abortifacient is substantially likely to be used in this state or mailed or sent by common carrier to an address in this state.

(3) A person who is convicted of a violation of this section must be fined not more than One Hundred Thousand Dollars ($100,000.00) or committed to the custody of the State Department of Corrections for a mandatory term of imprisonment not exceeding ten (10) years, or both.

(4) It is not a defense to an alleged violation of subsection (2) of this section that a foreign sender did not know or intend that an abortion would be performed.

(5) This section does not authorize a woman to be charged with or convicted of a criminal offense in the death of her own unborn child.

(6) (a) A pregnant woman who receives an abortifacient may bring a civil action against another person or entity, including, but not limited to, a foreign sender, which knowingly or intentionally performs or attempts to perform an abortion in violation of this section.

(b) If a claimant in an action under this subsection prevails, the court must award:

(i) Injunctive relief that requires the defendant to comply with this section; and

(ii) Damages in the amount of Ten Thousand Dollars ($10,000.00) for each abortion that the person, entity or foreign sender knowingly or intentionally performed or attempted to perform.

(c) A person may bring an action under this subsection up to three (3) years after the date the cause of action accrues or up to one (1) year after the lifting or expiration of any stay, injunction or temporary restraining order that was put in place less than three (3) years after the date the cause of action accrued, whichever is later.

(d) Notwithstanding any other law to the contrary, a court may not award attorney fees or costs to a defendant in a civil action brought under this subsection.

(e) A civil action brought under this subsection is in addition to, and does not impair, the rights or remedies of a plaintiff in other causes of action.

(8) The following are affirmative defenses to a criminal or civil action brought under this section:

(a) A physician licensed in this state provides a lawful medical procedure or service for a legitimate medical reason to a pregnant woman that results in the accidental or unintentional physical injury to or death of the unborn child.

(b) A pharmacy fills a valid prescription issued by a physician licensed in this state.

SECTION 2. This act shall take effect and be in force from and after July 1, 2025.