Bill > HB1721

This bill, known as the Oklahoma Unborn Child Protection from Dismemberment Abortion Act, makes it unlawful for any person to purposely perform or attempt to perform a dismemberment abortion, which is defined as the dismemberment of a living unborn child by extracting it piece by piece using instruments like clamps or forceps, unless it is necessary to prevent a serious health risk to the mother. The bill defines key terms such as "abortion," "attempt to perform an abortion," "dismemberment abortion," "physician," "purposely," and "serious health risk." It establishes that a woman upon whom such an abortion is performed or attempted, or certain other individuals like nurses or pharmacists acting under a physician's direction, are not liable, but the physician performing the procedure can be. The act allows for civil actions for injunctive relief and damages, including three times the cost of the abortion and compensation for physical and psychological injuries, to be brought by the woman, her family members, or a prosecuting attorney, with provisions for attorney fees. Violators face fines of up to $10,000 and/or imprisonment for up to two years. The bill also includes measures to protect the anonymity of women involved in such proceedings and clarifies that it does not create or recognize a right to abortion or a specific abortion method, and it includes a severability clause to ensure the rest of the act remains in effect if any part is found unconstitutional, with an effective date of November 1, 2015.