INDIANAPOLIS — In a 29-page document, attorneys who represent Indiana Right to Life and the general counsel of The National Right to Life Committee outline what states should include in their abortion legislation now that Roe v. Wade has been overturned and state lawmakers are allowed to make their own legislation over this.
Bopp Law Firm, based in Terre Haute, wrote the proposal. The Bopp Law Firm released this proposal to all National Right to Life Committee Chapters across the country, so they could as well pass this on to their lawmakers.
James Bopp Jr., who works with the firm, disclosed that Indiana legislators now have this proposal in their hands.
When asked by WRTV what legislators were possibly going to bring this proposal into a bill, Bopp could not disclose.
The proposal includes two major components which it states are for protecting unborn life.
The first component is looking at which abortions will be prohibited by law and which abortions will be allowed and under what conditions.
"We recommend prohibiting abortion except to prevent the death of the pregnant woman," the proposal reads.
Another exception stated in the proposal is in cases of a person becoming pregnant due to rape or incest.
When asked by WRTV about this exception, Bopp said, "It's not our preferred position, because the circumstances of somebody's parenthood, the parent shouldn't cause us to devalue the baby. But I certainly understand the terrible situation that the woman can be in that circumstance. And so we've made that policy decision."
In this exception, the doctor performing the abortion would need proof that the crime has been reported to the police.
The second component of the proposal is an effective enforcement regime.
The proposal claims that abortion laws normally rely on criminal reinforcement, but due to "current realities" this kind of reinforcement may not be enough.
Overall the proposal does not recommend any kind of punishment for the person having an abortion. However, it recommends that a person who causes an abortion should be subject to a level 2 felony if the unborn child dies and a level 3 if the unborn child survives.
"And no, women are not subject to any criminal penalties for violating those laws. So this has been the case for 200 years in America. And, obviously, we think that's justified and appropriate." Bopp said.
Those who aid in the abortion taking place could face criminal penalties.
Anyone who gives instructions over the phone or any other form of communication that instructs how to get an abortion or give yourself one could have criminal consequences.
Anyone who has a website that encourages obtaining an "illegal abortion" or offers to provide these kinds of services could face criminal consequences.
Lastly, providing a referral to an "illegal abortion" provider could have criminal consequences.
Physicians can also face consequences that include getting their license revoked or suspended if they fail to follow the proposal's policies.
Bopp said that taking a minor across state lines to get an abortion, without the parents' knowledge, is also prohibited. This could result in a level 3 felony.
According to the proposal, providing any kind of medication that can result in an abortion is also prohibited.
Contraceptives, on the other hand, are not prohibited in the proposal.
"We had contraceptives before Roe v Wade. For decades. No. Anyone's contraception was never prosecuted under an abortion law." Bopp said.
State lawmakers will be meeting on July 25, for their first in-person special session discussing abortion and inflation legislation in the state.
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