Kansas Abortion Ban

For the past several years, a bill of complete and equal justice concerning abortion has been proposed to State Senators and Representatives. It has found a few willing to sponsor it, but either due to threats from pro-life groups or drastic changes desired by Committee, the bill has never yet been fully sponsored and voted on. We will continue to push for this bill to become law and for good men to step up and run to see that reality come true.

April Cromer is the bill’s authoress and successful campaign manager. We are encouraging KS legislators to sponsor it now and take a stand for their preborn neighbors. It is a beautifully simple bill, with a great deal of legal consultation and input from the Kansas Revisor of Statutes. You can read the full bill at the bottom of this page. Here is the official summary:

Statutory Prohibition of Abortion
Bill Draft Summary
January 10, 2022

The following is a summary of the provisions of the Statutory Prohibition of Abortion draft. This bill draft proposed to prohibit the performance of abortions in the State of Kansas.

Section 1 – This section creates a new criminal statute that prohibits abortions and the destruction of any fertilized embryos during any procedure performed as part of artificial insemination. The crime also includes any attempt to commit the unlawful act and the criminal solicitation of either unlawful act.

The penalties for violations of this statute would be a level 1 person felony, which is equivalent in severity to 1st degree murder.

Section 2 – This section has been removed from the draft legislation.

Section 3 – Amends K.S.A. 21-5303, which defines the general crime of criminal solicitation and establishes the penalty at three severity levels below the underlying crime. Since Section 1 makes criminal solicitation of those particular crimes the same severity level as the underlying crime, K.S.A. 21-5303 needs to be amended to exclude the Section 1 crimes from the general lower severity level.

Section 4 – Amends K.S.A. 21-5419, Alexa’s Law. Currently, the statute deems unborn children to be “persons” for purposes of certain violent crimes, such as murder, manslaughter, vehicular homicide, and battery. The statute would be amended to remove the exception for abortion and acts committed by the pregnant woman herself. As amended, K.S.A. 21-5419 would make it a crime to cause the death of an unborn child.

Section 5 – Amends K.S.A. 60-1901, which creates the civil cause of action for the wrongful death of a person. As amended by the bill draft, the statute would allow for punitive or exemplary damages in addition to actual damages. The statute would also only bar a wrongful death action for the death of an unborn child if it was the result of an abortion.

Section 20 – Repeals the current versions of all statutes amended by the bill draft so that the amended version becomes law. It also repeals the following statutes permanently:

—K.S.A. 38-2003 – This statute is part of an act to provide medical insurance coverage for children. K.S.A. 38-2003 specifically prohibits the use of moneys appropriated for the act to be expended for abortion services. Since no abortions are permitted under the bill draft, these statutes are no longer necessary.—K.S.A. 65-4a01 through 65-4a12 – These statutes regulate the operation of abortion clinic facilities. Since no abortions are permitted under the bill draft, these statutes are no longer necessary.

—K.S.A. 65-6701 through 65-6707 – These statutes govern late-term abortions. Since no abortions are permitted under the bill draft, these statutes are no longer necessary.

—K.S.A. 65-6708 through 65-6715 – These statutes are the Woman’s-right-to-know Act. They require specific informed consent by the pregnant woman prior to performing an abortion. Since no abortions are permitted under the bill draft, these statutes are no longer necessary.

—K.S.A. 65-6721 – This statute prohibits the practice of partial-birth abortion except in certain emergency circumstances. Since no abortions are permitted under the bill draft, these statutes are no longer necessary.

—K.S.A. 65-6722 through 65-6725 – These statutes prohibit abortions on pain-capable unborn children except in certain emergency circumstances. Since no abortions are permitted under the bill draft, these statutes are no longer necessary.

—K.S.A. 65-6726 – This statute prohibits abortion based on the gender of the unborn child. Since no abortions are permitted under the bill draft, these statutes are no longer necessary.

—K.S.A. 65-6741 through 65-6749 – These statutes prohibit the practice of dismemberment abortion except in certain emergency circumstances. Since no abortions are permitted under the bill draft, these statutes are no longer necessary.

New Section 21–This bill draft will take effect and be in force from and after its publication in the statute book.

New Section 22–This bill draft prohibits any federal statute, regulation, executive order or court decision which purports to supersede, stay or overrule this Act is in violation of the Constitution of the United States of America and is therefore void. It prohibits the State of Kansas and its political subdivisions, and agents to enter an appearance, special or otherwise, in any state or federal suit challenging this Act.

The Full Proposed Bill: