HOUSE BILL NO. 2737

By Representative Poetter Parshall

AN ACT concerning abortion; creating the abolish abortion Kansas act; making all abortions subject to criminal prosecution for violation of Alexa’s law; removing exceptions to wrongful death cause of action for the death of an unborn child; amending K.S.A. 21-5206 and 21-5419 and K.S.A. 2023 Supp. 60-1901 and repealing the existing sections.  

WHEREAS, The 14th Amendment to the constitution of the United States requires that “[n]o state … shall deny to any person within its jurisdiction the equal protection of the laws”; and WHEREAS, Innocent human life, created in the image of God, should be equally protected under the laws from fertilization to natural death; and WHEREAS, To ensure the right to life and equal protection of the laws, all preborn children should be protected with the same criminal and civil laws protecting the lives of born persons by repealing provisions that permit prenatal homicide and battery; and WHEREAS, All persons potentially subject to such laws are entitled to due process protections; and WHEREAS, Pregnant mothers should be protected from being pressured to abort their children; and WHEREAS, Provisions should be repealed that may allow a person to aid, advise, hire, counsel or procure a mother to abort her child. 

Now, therefore: Be it enacted by the Legislature of the State of Kansas: Section 1. K.S.A. 21-5206 is hereby amended to read as follows: 21-5206. (a) Except as provided in subsections (b) and (c), a person is not guilty of a crime other than murder or voluntary manslaughter by reason of conduct that such person performs under the compulsion or threat of the imminent infliction of death or great bodily harm, if such person reasonably believes that death or great bodily harm will be inflicted upon such person or upon such person’s spouse, parent, child, brother or sister if such person does not perform such conduct.  (b) The defense provided by this section is not available to a person who intentionally or recklessly places such person’s self in a situation in which such person will be subjected to compulsion or threat. (c) The defense provided by this section is available even when a person is charged with murder or voluntary manslaughter if the victim was an unborn child, as defined in K.S.A. 21-5419, and amendments thereto, and the defendant is the mother of such unborn child.  

Sec. 2. K.S.A. 21-5419 is hereby amended to read as follows: 21-5419. (a) As used in this section: (1) “Fertilization” means the fusion of a human spermatozoon with a human ovum; and (2) “unborn child” means a living individual organism of the species homo sapiens, in utero, at any stage of gestation from fertilization to birth.  (b) This section shall not apply to: the unintentional death of an unborn child when such death results from: (1)The undertaking of life-saving procedures on a pregnant woman when such procedures are accompanied by reasonable steps, if available, to save the life of her unborn child; or spontaneous miscarriage.  

(c) As used in K.S.A. 21-5401, 21-5402, 21-5403, 21-5404, 21-5405, 21-5406 and 21-5413(a) and (b), and amendments thereto, “person” and “human being” also mean an unborn child. (d) This section shall be known as Alexa’s law and the amendments to this section by this act shall be known as the abolish abortion Kansas act. (e) Enforcement pursuant to this section shall be subject to the same presumptions, defenses, justifications, immunities, clemencies and other due process protections that would apply if the victim were a person who had been born alive.

(f) If any provision of state law conflicts with this section, the provisions of this section shall prevail.  Sec. 3. K.S.A. 2023 Supp. 60-1901 is hereby amended to read as follows: 60-1901. (a) If the death of a person is caused by the wrongful act or omission of another, an action may be maintained for the damages resulting therefrom if the former might have maintained the action had such person lived, in accordance with the provisions of this article, against the wrongdoer, or such wrongdoer’s personal representative if such wrongdoer is deceased.  

(b) As used in article 19 of chapter 60 of the Kansas Statutes Annotated, and amendments thereto, “person” includes an unborn child.  (c) As used in this section, “unborn child” means a living individual organism of the species homo sapiens, in utero, at any stage of gestation from fertilization to birth. (d) The provisions of this section shall not apply to a wrongful death action if the death is the unintentional death of an unborn child and such death results from: (1) The undertaking of life-saving procedures on a pregnant woman when such procedures are accompanied by reasonable steps, if available, to save the life of her unborn child; or (2) spontaneous miscarriage. (e) If any provision or clause of this act or application thereof to any person or circumstance is held invalid, such invalidity shall 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 declared to be severable. 

New Sec. 4. The amendments to K.S.A. 21-5206 and 21-5419 and K.S.A. 2023 Supp. 60-1901, and amendments thereto, that are enacted by this act shall only apply prospectively and shall not apply to any conduct committed prior to July 1, 2024. Sec. 5. K.S.A. 21-5206 and 21-5419 and K.S.A. 2023 Supp. 60-1901 are hereby repealed.  Sec. 6. This act shall take effect and be in force from and after its publication in the statute book.