THE SENATE	S.B. NO.	1
THIRTY-SECOND LEGISLATURE, 2023
STATE OF HAWAII

A BILL FOR AN ACT

relating to health care.

BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF HAWAII:

SECTION 1. Section 453-16, Hawaii Revised Statutes, is amended to read as follows:

"§453-16 Intentional termination of pregnancy; penalties; refusal to perform[.]; out-of-state civil and criminal actions prohibited. (a) No abortion shall be performed in this State unless[:

(1) The] the abortion is performed by a licensed physician or surgeon, [or by a] licensed osteopathic physician and surgeon[; and

(2) The abortion is performed in a hospital licensed by the department of health or operated by the federal government or an agency thereof, or in a clinic or physician's or osteopathic physician's office.], licensed physician assistant, or licensed advanced practice registered nurse in compliance with section 457-8.7.

(b) Abortion shall mean an operation to intentionally terminate the pregnancy of a nonviable fetus. The termination of a pregnancy of a viable fetus is not included in this section.

(c) The State shall not deny or interfere with a female's right to choose or obtain an abortion of a nonviable fetus or an abortion that is necessary to protect the life or health of the female.

(d) Any person who knowingly violates subsection (a) shall be fined not more than $1,000 or imprisoned not more than five years, or both.

(e) Nothing in this section shall require any hospital or any person to participate in an abortion nor shall any hospital or any person be liable for a refusal.

(f) A law of another state that authorizes a person to bring a civil action against a person who:

(1) Terminates or seeks to terminate a pregnancy;

(2) Performs or induces the termination of a pregnancy;

(3) Knowingly engages in conduct that aids or abets the performance or inducement of the termination of a pregnancy; or

(4) Attempts or intends to engage in the conduct described in paragraphs (1) through (3),

is declared to be contrary to the public policy of this State, shall not be enforceable in any court of the State, and shall not afford any basis for the granting of legal or equitable relief by any court of the State.

(g) The State shall not:

(1) Apply any law described in subsection (f) to any case or controversy heard in any court;

(2) Enforce or satisfy a civil judgment received through an adjudication under a law described in subsection (f);

(3) Issue a summons in a case where prosecution is pending, or where a grand jury investigation has commenced, or is about to commence, for a criminal action in another state unless the acts forming the basis of the prosecution or investigation would constitute a crime in this State; or

(4) Issue or enforce a subpoena for information or testimony issued by another state or government relating to a civil action described in subsection (f)."

SECTION 2. If any provision of this Act, or the application thereof to any person or circumstance, is held invalid, the invalidity does not affect other provisions or applications of the Act that can be given effect without the invalid provision or application, and to this end the provisions of this Act are severable.

SECTION 3. Statutory material to be repealed is bracketed and stricken. New statutory material is underscored.

SECTION 4. This Act shall take effect upon its approval.

INTRODUCED BY:

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Report Title:

Abortion; Physician Assistants; Out-of-State Civil and Criminal Actions; Prohibition

Authorizes licensed physician assistants to perform certain abortions. Declares a law of another state that authorizes a person to bring a civil action against a person who: terminates or seeks to terminate a pregnancy; performs or induces the termination of a pregnancy; knowingly engages in conduct that aids or abets the performance or inducement of the termination of a pregnancy; or attempts or intends to engage in the conduct, as contrary to the public policy of this State and shall not be enforceable in any court of the State and shall not afford any basis for the granting if legal or equitable relief by any court of the State. Prohibits the State from engaging in certain actions with regard to civil and criminal actions from another state.

The summary description of legislation appearing on this page is for informational purposes only and is not legislation or evidence of legislative intent.