SB 118-46: Preserving Reproductive Care Act - Failed

[Attorney General, Senator-Elect, & Former PPT Dwarven Dragon]

Preserving Reproductive Care Act

SENATE BILL

To provide protection for women's healthcare

Be it enacted,

Section I: Repeal

1. SB 117-40: Preservation of the Most Vulnerable Act is hereby modified as follows:

(...)
Section B. Definitions:
Fetal disability: Any disability, syndrome, or disease that is identified in the womb.
Lethal: Defined as having a 75% or higher chance of resulting in fetal death before birth or within 168 hours thereafter, or reducing life expectancy by more than 60%, as certified by a licensed physician.
Section C. Abortions performed because of a fetal disability will be banned unless the fetal disability is lethal as defined above, such disability is a heart defect, or if it can be demonstrated that a) the abortion is otherwise legal, and b) the abortion would have been sought even if the fetal disability did not exist. on the account of fetal disability

(...)

Section II: Implementation

1. This act takes effect immediately.

Sponsor: Pyro
Occupying: Slot 3

[Attorney General, Senator-Elect, & Former PPT Dwarven Dragon]

The people cast their votes in favor of the legislation at issue here and we should respect their viewpoint. I will oppose this bill in its current form. However, I do understand that the language in the legislation at issue is broad and vague, so in an effort at compromise, I will propose the following amendment:

Preserving Reproductive Care Act

SENATE BILL

To provide protection for women's healthcare

Be it enacted,

Section I: Repeal

1. SB 117-40: Preservation of the Most Vulnerable Act is hereby repealed modified as follows:.

(...)
Section B. Defeinitions:
Fetal disability: Any disability, syndrome, or disease that is identified in the womb.
Lethal: Defined as having a 75% or higher chance of resulting in fetal death before birth or within 168 hours thereafter, as certified by a licensed physician.
Section C. Abortions performed because of a fetal disability will be banned unless the fetal disability is lethal as defined above, or if it can be demonstrated that a) the abortion is otherwise legal, and b) the abortion would have been sought even if the fetal disability did not exist. on the account of fetal disability

(...)

Section II: Implementation

1. This act takes effect immediately.

[Pyro]

Object to the amendment.

I appreciate that Senator Dwarven is willing to compromise, however this still does not address severe conditions which could inflict severe pain to the child, incurable issues like heart defects that inhibit life expectancy, or conditions like nuchal translucency which can indicate anomalies prior to 20 weeks. I understand the author behind SB 117-40 claims that it is designed to prevent abortions conducted due to early diagnoses of Down Syndrome, however as pointed out by Senator Nerd, the adverse effects of this law are seriously horrific.

[Attorney General, Senator-Elect, & Former PPT Dwarven Dragon]

Object to the amendment.

I appreciate that Senator Dwarven is willing to compromise, however this still does not address severe conditions which could inflict severe pain to the child, incurable issues like heart defects that inhibit life expectancy, or conditions like nuchal translucency which can indicate anomalies prior to 20 weeks. I understand the author behind SB 117-40 claims that it is designed to prevent abortions conducted due to early diagnoses of Down Syndrome, however as pointed out by Senator Nerd, the adverse effects of this law are seriously horrific.

The specific disease addressed by Senator Nerd would qualify for an abortion under the modification given that it results in fetal death within the specified period nearly 100% of the time. I am not sure of the relevance of "identification before 20 weeks" given we have repealed the Right to Choose Act and 2 of the 3 regions allow abortions after that point - this act governs otherwise legal abortions due to fetal disabilities regardless of when the abortion is sought. To the extent that Nuchal Translucency is a reference to an exam for Down Syndrome, I think it's been well established in this debate that such syndrome is an extraordinarily poor reason for an abortion.

"Could inflict severe pain" is very broad. Lots of things are painful. Any exception needs to be clearly defined so this does not devolve into permission for abortion for any fetal imperfection when that is precisely what the people voted against.

Your remaining concern however, is specific and addressable. New Amendment:

Preserving Reproductive Care Act

SENATE BILL

To provide protection for women's healthcare

Be it enacted,

Section I: Repeal

1. SB 117-40: Preservation of the Most Vulnerable Act is hereby repealed modified as follows:.

(...)
Section B. Defeinitions:
Fetal disability: Any disability, syndrome, or disease that is identified in the womb.
Lethal: Defined as having a 75% or higher chance of resulting in fetal death before birth or within 168 hours thereafter, or reducing life expectancy by more than 60%, as certified by a licensed physician.
Section C. Abortions performed because of a fetal disability will be banned unless the fetal disability is lethal as defined above, such disability is a heart defect, or if it can be demonstrated that a) the abortion is otherwise legal, and b) the abortion would have been sought even if the fetal disability did not exist. on the account of fetal disability

(...)

Section II: Implementation

1. This act takes effect immediately.

[Attorney General, Senator-Elect, & Former PPT Dwarven Dragon]

Amendment, as modified, is adopted.

[Attorney General, Senator-Elect, & Former PPT Dwarven Dragon]

motion for a final vote

[Attorney General, Senator-Elect, & Former PPT Dwarven Dragon]

A final vote is beginning

Aye

[fhtagn]

Nay

[Vice President Christian Man]

Nay

[Pyro]

Aye

[Joseph Cao]

Nay, though I must hand it to Wulfric for being willing to put any lipstick at all on this pig.

[At-Large Senator LouisvilleThunder]

Aye

[Deep Dixieland Senator, Muad'dib (OSR MSR)]

Nay

[P. Clodius Pulcher did nothing wrong]

Aye

[Jay 🏳️‍⚧️]

Aye

[reagente]

Nay

[RFayette]

Nay

[thumb21]

Nay

[ChiefFireWaterMike]

Nay

[nerd73]

Aye

[Coastal Elitist]

Nay

[Attorney General, Senator-Elect, & Former PPT Dwarven Dragon]

Fails 6-9-0-3

[Pyro]

Disappointed to see this fail to pass. I intend to reintroduce at a later point with adjusted text.