I’m doing this on the fly and with work deadlines, so this is going to be a little slapdash – mistakes are likely, but let’s look at some of the proposed amendments to SB 1.
(Updated 7/29/2022 – I corrected at least one error I made in the descriptions and updated the amendments to reflect the votes. Bold means the amendment passed, italics mean the amendment failed, and plain text means the amendment wasn’t called.)
1. Glick – mandates hospitals offer long term subdural birth control to a woman after having birth unless the hospital has a religious objection.
2. Bohachek – adds preservation of physical and/or mental health as grounds for abortion. Failed by voice vote.
3. Freeman – gives attorney general jurisdiction to prosecute crimes (including abortion) if prosecuting attorney categorically refuses. Passed by voice vote.
4. Freeman – gives prosecutor in adjacent county jurisdiction to prosecute crimes if local prosecutor categorically refuses.
5. Freeman – gives anyone aggrieved standing to petition for a special prosecutor if local prosecutor categorically refuses.
6. Glick – longish amendment promoting use and insurance coverage for hormonal contraception, both via patch and oral.
7. Charbonneau – limits time for rape or incest abortions to 15 weeks.
8. Glick – creates a pregnancy termination review panel to review complaints that physicians aren’t properly reporting abortions. Limits the AG’s authority to take action against a physician without the recommendation of the review panel.
9. K. Walker – makes health of a woman a grounds for abortion, sets a rape/incest time limit of 20 weeks, and decriminalizes abortions performed prior to 15 weeks.
10. K. Walker – sets a 20 week time limit on rape/incest abortions.
11. Boehnlein – gives AG authority to prosecute unlawful abortions if the local prosecutor categorically refuses.
12. Bohacek – requires FSSA to collect data on neighboring states’ Medicaid reimbursement rates for prenatal, labor, post-natal, and pediatric wellness care.
13. Yoder – adds nontrivial threat to the health of the pregnant woman as grounds for an abortion. After viability or 20 weeks, substantial permanent impairment to the life of the woman would be the standard.
14. Yoder – lists the facilities who can provide medical advice or ultrasound services to pregnant women. I believe this is intended to exclude crisis pregnancy centers. Failed by voice vote.
15. Yoder – removes amendment to definition of “abortion.” Removes additional rule making concerning abortion clinics. Allows abortion clinics to perform surgical abortions. Failed 11-36.
16. Yoder – adds physical health as a permissible reason for an abortion. After 20 weeks, only an abortion necessary to prevent a substantial permanent impairment to the life or physical health of the woman is permissible.
17. Yoder – permits abortion inducing drug to be prescribed via telemedicine. Failed 10-37.
18. Griffin – Specifies that ectopic pregnancy and placental abruptions constitute a condition incompatible with sustained life outside the womb (and therefore, the termination of pregnancy would not be an “abortion.”) Failed 18-33.
19. L. Brown – Allows the attorney general to complain to the licensing board and have a medical provider’s license revoked if he shows the provider performed an unlawful abortion.
20. L. Brown – replaces the rape/incest affidavit requirement with a notarized statement. Update: I made a significant mistake on this one. It requires the affidavit to be notarized. Passed 24-23.
21. Bohacek – removes the affidavit requirement for abortions made necessary by rape or incest.
22. Bohacek – expands the window for rape/incest abortions from 12 weeks to 16 for under 16 year olds and from 8 weeks to 12 for those who are older.
23. Becker – adds a non-binding access to reproductive health, including abortion, referendum question to the ballot.
24. Donato – replaces irremediable medical condition incompatible with sustained life with ectopic pregnancy only as a permissible “non-abortion” termination of pregnancy.
25. Sandlin – gives AG authority to prosecute unlawful abortions if the local prosecutor categorically refuses.
26. JD Ford – creates a pregnancy termination review panel to review complaints that physicians aren’t properly reporting abortions. Limits the AG’s authority to take action against a physician without the recommendation of the review panel. Failed 13-32.
27. JD Ford – removes the affidavit requirement for abortions made necessary by rape or incest. Failed 18-28.
28. JD Ford – returns bill to introduced language concerning felonies where the felony penalty would apply only to partial birth and abortions involving dismemberment, not to other abortions. Failed 14-32.
29. Pol – expands Indiana housing first housing assistance to women who are pregnant or post-partum and people experience a housing crisis. Failed 10-36.
30. Pol – limits incarceration of pregnant inmates and arrestees to those charged with or convicted of a serious violent felony. Failed 10-36.
31. Pol – expands an employer’s duty to accommodate a pregnant employee. Failed 11-35
32. Pol – authorizes a civil suit against the state, and removes the state’s protection under the Indiana Tort Claims Act, for damages incurred by a woman who is unable to obtain a medically necessary abortion because of the state’s laws. Failed 11-35.
33. Qaddoura – requires FSSA to determine whether every woman in every county has sufficient access to maternal health and mental health professionals. Failed 12-35
34. Qaddoura – calls for a study and strategic plan evaluating the needs of unborn and born children and resources available in each county. Failed 10-37
35. Lanane – removes affidavit requirement, allows surgical abortions at abortion clinics, adds physical health of the mother as a permissible reason for an abortion, and permits abortion (regardless of reason) up to 20 weeks. Failed 13-33.
36. Lanane – removes affidavit requirement, allows surgical abortions at abortion clinics, adds physical health of the mother as a permissible reason for an abortion, and permits abortion (regardless of reason) up to 15 weeks. Failed 13-33.
37. Lanane – removes the parental consent requirement where the unemancipated minor is pregnant because of rape or incest by the parent or guardian. Passed 47-0
38. Melton – repeals provision allowing attorney general to seek revocation of physician license for failure to report an abortion. Failed 12-33.
39. Melton – defines as a religious burden a prohibition on abortion where a person’s system of religious belief holds that a human life does not begin until a certain point in fetal development; prohibits government from imposing a substantial burden on the person’s religion in that fashion. Failed 12-33.
40. Niezgodski – creates a child support assistance fund to make up the gap in child support arrearage, provides for collection of arrears, and requires rapists whose parental rights are terminated to continue child support payments. Failed 12-33.
41. Lanane – defines reproductive coercion and adds reproductive coercion as a permissible reason for abortion in addition to rape and incest.
42. Lanane – repeals the death penalty.
43. G. Taylor – defines sexual intercourse with a minor under the age of 16 as rape for the purposes of permitting abortion in the case of rape. Failed 13-33.
44. G. Taylor – directs LSA to prepare legislation that updates statutes concerning obligations and benefits owed to children, including life insurance, child support, and child tax deductions to make those obligations and benefits applicable to a fetus at any age of development. Failed 10-36.
45. G. Taylor – requires insurance plans to cover contraceptive products and services. Failed 12-34.
46. G. Taylor – expands the rape or incest abortion window to 20 weeks. Failed 17-29.
47. G. Taylor – modifies provisions having to do with feticide. Failed by voice vote.
48. G. Taylor – adds a nonbinding referendum question to the ballot asking whether abortion shall remain legal in Indiana. Failed 13-33.
49. Breaux – charges the statewide mortality review committee to study how changes in the state’s abortion laws affect maternal mortality in Indiana. Passed 45-2.
50. Breaux – expands or adds coverage for doula services. Failed 12-35.
51. Breaux – protects Plan B. Specifically, the law can’t be construed to restrict prescription of FDA approved birth control and contraceptives, including emergency contraceptives. Failed 12-35.
52. M. Young – replaces affidavit requirement with a notarized statement requires rape/incest affidavit to be notarized.
53. M. Young – removes rape and incest exceptions.
54. M. Young – gives AG authority to prosecute unlawful abortions if the local prosecutor categorically refuses.
55. M. Young – Makes it a Class B misdemeanor for a health provider to fail to inform parents of rights to dispose of the fetus after a miscarriage or abortion. Makes it a murder if a person kills a woman while attempting to perform an unlawful abortion. Creates the felony of “trafficking in an abortion drug.” Creates the felony of “unlawful abortion trafficking of a minor”
56. M. Young – Allows the attorney general to complain to the licensing board and have a medical provider’s license revoked if he shows the provider performed an unlawful abortion.
57. M. Young – gives anyone aggrieved standing to petition for a special prosecutor if local prosecutor categorically refuses.
58. M. Young – removes rape and incest exceptions. Makes abortion legal only where necessary to save the life of the woman. Failed 18 – 28.
59. M. Young – creates a civil cause of action permitting the woman receiving the abortion, the father of a fetus, and/or the parents of a minor to bring a lawsuit against the person who provided an unlawful abortion and collect actual damages, punitive damages, and attorney fees. A rapist is not entitled to bring an action. It’s not clear to me whether this applies to out of state abortion providers. Failed 16-29.
60. M. Young – this is 50 pages long so my analysis here is not at all thorough, but it seems to change “fetus” to “unborn child” and prohibit abortion more or less across the board and prohibit birth control that works after fertilization but before implantation. Abortion seems to be permitted where two physicians agree it’s necessary to prevent the woman’s death.
61. M. Young – gives AG authority to prosecute unlawful abortions if the local prosecutor categorically refuses.
62. M. Young – gives AG authority to prosecute any criminal law if the local prosecutor categorically refuses.
You have done heroic work in short time on an unbelievably difficult and emotional subject.
Thank you!
You can take the boy out of LSA, but you can’t take LSA out of the boy.
Thank you Doug!!!
Are there any other crimes in Indiana where neighboring counties or the AG can prosecute if the locals decline to?
I’m unaware of any where a neighboring prosecutor can do so. But IC 4-6-2-1.1 gives a few examples of where the AG has concurrent jurisdiction.
Wow, Doug, you are amazing. Thank you for this herculean effort to read and communicate the essence of so many amendments.
Thanks Nancy!
How many amendments do “ordinary” bills usually attract? It seems to me the worse the bill, in terms of being poorly thought out/poorly written, the more amendments to expect.
This is so helpful, particularly since it went past midnight!!!
Thanks Doug for arduous effort!!! I will have to digest this tonight. I will copy and paste the amendments that failed and then passed in order to a word doc to make it a little better read for me.. I might as well see the bad news first.
Sen. Ron Alting, R-Lafayette, said if his 29-year-old daughter were raped, he’d want her to be able to make the decision of whether or not to keep the child.
“That’s not being liberal,” Alting said. “I think it’s just trying to be a good dad and understanding the reality of today’s sick, sick world that we live in.” – Not sure if you have seen this yet.
Ron’s a likable guy. I think his heart’s generally in the right place, and he’s certainly a skilled politician. This probably reflects his views on the matter, and is probably the right move for him given the district he represents.
Do ya think the Republicans at the state house are having a oh shit moment after watching the Kansas abortion referendum by the pro-lifers go down in flames!
I don’t know. The ones who have been gung ho won’t care at all. I wonder if the ones who have been hesitant will now become obstinant.