Bill > SB1271

This bill introduces the "Pain-Capable Unborn Child Protection and Dismemberment Abortion Ban Act", which establishes significant restrictions on abortion in Hawaii. The legislation prohibits abortions after 20 weeks post-fertilization, defining a "pain-capable unborn child" as a fetus capable of experiencing pain at that stage. The bill creates narrow exceptions for abortions in cases where the mother's life is endangered by a physical disorder or illness, or in instances of rape or incest (with specific reporting requirements). It also explicitly bans "dismemberment abortions," which involve extracting a fetus piece by piece using surgical instruments. Physicians who perform abortions outside these specified exceptions could face criminal penalties, including potential class C felony charges. The bill mandates detailed documentation and informed consent procedures, requiring physicians to provide patients with a disclosure form explaining the fetus's developmental stage and potential ability to feel pain. Additionally, the legislation establishes mechanisms for civil remedies, allowing women or their parents to pursue legal action if the abortion restrictions are violated. The bill also requires annual reporting to the Hawaii Department of Health about abortions performed under the exceptions, while ensuring patient privacy. The new law is set to take effect on July 1, 2025, and represents a significant legal constraint on abortion access in the state.

Health and Social Services

https://www.capitol.hawaii.gov/session/measure_indiv.aspx?billtype=SB&billnumber=1271&year=2026