Sen. Kristen O’Shea, who was seen during a committee hearing on February 15, 2023, recently introduced two bills in the Senate that aim to address the issue of abortion. Joining her in this effort, Republicans Leah Howell and Rebecca Schmoe introduced companion bills in the House. This collective action demonstrates their commitment to tackling the topic from multiple angles.
House and Senate Republicans in Topeka have recently put forth legislation that aims to undermine the state’s constitutional right to bodily autonomy. These proposals include introducing laws that would impose prison sentences for those who coerce pregnant individuals into having an abortion, as well as requiring mandatory ultrasounds before terminating a pregnancy.
House Bill 2813 and Senate Bill 527 propose the establishment of a new felony offense termed “coercion to obtain an abortion.” This offense would involve the act of persuading or pressuring someone to undergo an abortion by utilizing tactics such as threats of physical or financial harm, deportation, passport destruction or concealment, and medication control.
House Bill 2814 and Senate Bill 528 propose the creation of the Kansas Ultrasound Act, which mandates that individuals seeking an abortion must undergo an obstetric ultrasound beforehand.
Several bills have been introduced after the U.S. Supreme Court’s decision in June 2022 to overturn Roe v. Wade, granting states control over reproductive health care. Additionally, the vote in Kansas in August 2022 was held to protect abortion accessibility. These bills are part of an ongoing series of legislative actions.
In 2019, the Kansas Supreme Court made a significant ruling that recognized the right to bodily autonomy under the state constitution. This includes the decision to terminate a pregnancy. The court set a high standard for justifying any restrictions on this right. As a result, a state court blocked the enforcement of long-standing restrictions, including the requirement for an ultrasound.
The new legislation that requires ultrasounds would give women the option to look away from the images if they choose to.
Senator Kristen O’Shea, a Republican from Topeka, took the lead in introducing the Senate version of the bills, although they are officially credited to the Federal and State Affairs Committee. Over in the House, Representative Rebecca Schmoe, also a Republican from Ottawa, sponsored the “coercion” bill, while Representative Leah Howell, a Republican from Derby, introduced the ultrasound bill upon the urging of anti-abortion organizations Kansans for Life and Kansas Family Voice.
Jeanne Gawdun, the director of government relations for Kansans for Life, explained that the ultrasound bill has a specific focus. Its aim is to safeguard women from potential risks such as undetected ectopic pregnancies, which can be life-threatening without an ultrasound to detect them. Additionally, the bill addresses concerns related to the administration of chemical abortion pills in the later stages of pregnancy and other safety hazards.
According to her, it is important for everyone to acknowledge the need for safeguarding the rights of women in Kansas, ensuring that they are not forced into undergoing an abortion against their will.
The proposed legislation introduces a new law that categorizes the act of coercing a pregnant woman into obtaining an abortion as a felony. This law specifically targets individuals who are aware of a woman’s pregnancy and intentionally use coercion to compel her to have an abortion, even when she has expressed her desire to not do so.
The proposed legislation mandates a prison sentence of 30 days to 1 year, in addition to a fine ranging from $500 to $5,000. In cases where the perpetrator is a father over 18 and the victim is a pregnant individual under 18, the minimum prison term increases to 90 days, and the fine escalates to between $1,000 and $10,000.
The proposed ultrasound legislation mandates that doctors must present images and provide a detailed description of the size and development of the embryo or fetus, including the presence of internal and external organs. Additionally, physicians are required to offer expectant mothers a sonogram picture of their unborn child without any extra charges.
Physicians who do not comply with the bill could be charged with a felony crime and may also face civil lawsuits brought by a father who is married to the pregnant individual at the time of the abortion.
Kansas Republicans have recently proposed a series of new anti-abortion bills that could potentially lead to imprisonment for those involved in “coercion.” This development has been reported by the Kansas Reflector.