1.1.................... moves to amend H.F. No. 1 as follows:
1.2Page 2, after line 4, insert:
1.3 "Sec. 2.
[145.418] PROTECTION OF UNBORN CHILD DURING THE THIRD
1.4TRIMESTER; NOTICE TO PARENT OR GUARDIAN; PROTECTION FOR BORN
1.5ALIVE CHILD.
1.6 Subdivision 1. Definitions. (a) The terms defined in this subdivision apply to this section.
1.7(b) "Abortion" has the meaning given in section 145.411, subdivision 5.
1.8(c) "Health care provider" means a physician licensed to practice medicine in Minnesota
1.9or other health care professional authorized to practice that individual's profession
in
1.10Minnesota and whose scope of practice and qualifications include the performance of
1.11abortions.
1.12(d) "Medical emergency" means a condition that, in reasonable medical judgment, so
1.13complicates the medical condition of the pregnant woman as to necessitate the immediate
1.14abortion of her pregnancy to avert her death or for which a delay will create serious
risk of
1.15substantial and irreversible physical impairment of a major bodily function, not including
1.16psychological or emotional conditions. A condition is not a medical emergency if it
is based
1.17on a claim, diagnosis, or determination that the woman may engage in conduct which
she
1.18intends to result in her death or in the substantial and irreversible physical impairment
of a
1.19major bodily function.
1.20(e) "Third trimester" means the stage of pregnancy that begins at the end of the 26th
1.21week from the beginning of the pregnant woman's last menstrual period.
1.22 Subd. 2. Legal protection of unborn child during the third trimester. Notwithstanding
1.23section 145.409 and except as provided in subdivision 3, it is prohibited for any
individual
2.1to knowingly or intentionally cause an abortion in the third trimester of pregnancy
that
2.2results in the death of the unborn child.
2.3 Subd. 3. Exceptions. (a) Medical treatment provided to a pregnant woman that results
2.4in the accidental death of, or unintentional injury to, the unborn child is not a
violation of
2.5subdivision 2.
2.6(b) Subdivision 2 does not apply to an abortion performed:
2.7(1) if the pregnancy is the result of conduct that would constitute a violation of
section
2.8609.342, 609.343, 609.344, 609.345, or 609.3451, provided documentation is presented
to
2.9the attending health care provider that the conduct was reported to law enforcement
within
2.10the first 15 weeks of pregnancy;
2.11(2) if the pregnancy is the result of conduct that would constitute a violation of
section
2.12609.365, provided documentation is presented to the attending health care provider
that the
2.13conduct was reported to law enforcement within the first 15 weeks of pregnancy; or
2.14(3) to avert the death of the pregnant woman or to prevent a serious risk of substantial
2.15and irreversible physical impairment of a major bodily function of the pregnant woman,
2.16not including psychological or emotional conditions.
2.17 Subd. 4. Pregnant woman. A pregnant woman who sought or obtained an abortion that
2.18violates subdivision 2 shall not be subject to criminal penalties for violating subdivision
2.
2.19 Subd. 5. Notice to parent or guardian. If a health care provider did not obtain the
2.20consent of a parent or guardian of a pregnant minor before performing an abortion
on the
2.21pregnant minor because of a medical emergency, the health care provider must notify
the
2.22minor's parent or guardian within 24 hours after the abortion and must so certify
in the
2.23minor's medical record.
2.24 Subd. 6. Born alive child. Any unborn child who is born alive following an attempted
2.25abortion shall be treated as a person under the law, and a birth certificate shall
be issued
2.26certifying the child's birth. If the child later dies, a death certificate shall be
issued.
2.27EFFECTIVE DATE.This section is effective the day following final enactment."
2.28Renumber the sections in sequence and correct the internal references
2.29Amend the title accordingly