Senate Bill 2616

AN ACT TO BAN ABORTIONS ON A WOMAN SEEKING THE ABORTION SOLELY BECAUSE OF A PRENATAL DIAGNOSIS INDICATING DOWN SYNDROME OR THE POTENTIAL OF DOWN SYNDROME IN THE UNBORN CHILD; TO PROVIDE CRIMINAL PENALTIES FOR ANY PHYSICIAN OR OTHER PERSON WHO PERFORMS OR INDUCES SUCH PROHIBITED ABORTION; AND FOR RELATED PURPOSES.

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

SECTION 1. (1) This section shall be known and may be cited as the "Unborn Children with Down Syndrome Abortion Ban Act."

(2) As used in this section:

(a) "Down syndrome" refers to a chromosome disorder associated either with an extra chromosome 21 (in whole or in part) or an effective trisomy for chromosome 21. Down syndrome is sometimes referred to as "trisomy 21 syndrome."

(b) "Physician" means any person licensed to practice medicine in this state. The term includes allopathic doctors and osteopathic doctors.

(3) No person may intentionally perform or attempt to perform an abortion with knowledge that the pregnant woman is seeking the abortion solely because of a prenatal diagnosis, test or screening indicating either Down syndrome or a potential for Down syndrome in the unborn child.

(4) Any physician or other person who performs or induces or attempts to perform or induce an abortion prohibited by this section shall be guilty of a felony and, upon a conviction thereof, shall be fined not more than Twenty-five Thousand Dollars ($25,000.00), or imprisoned in the State Penitentiary for not more than two (2) years, or both.

(5) An individual abortion report for each abortion performed or induced upon a woman shall be completed by her attending physician certifying that the attending physician does not have any knowledge that the woman sought the abortion solely because of a prenatal diagnosis, test, or screening indicating Down syndrome or the potential of Down syndrome in an unborn child.

(6) If this section is held invalid as applied to the period of pregnancy prior to being viable, then it shall remain applicable to the period of pregnancy subsequent to being viable.

SECTION 1. This act shall take effect and be in force from and after July 1, 2018.