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HF 1057

as introduced - 86th Legislature (2009 - 2010) Posted on 02/09/2010 01:43am

KEY: stricken = removed, old language.
underscored = added, new language.
Line numbers 1.1 1.2 1.3 1.4
1.5 1.6 1.7 1.8 1.9 1.10 1.11 1.12 1.13 1.14 1.15 1.16 1.17 1.18 1.19 1.20 1.21 1.22

A bill for an act
relating to health; changing an abortion provision; providing penalties; proposing
coding for new law in Minnesota Statutes, chapter 145.

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

Section 1.

new text begin [145.4122] NON-HOSPITAL-PERFORMED ABORTIONS;
REQUIREMENT; MISDEMEANOR.
new text end

new text begin Subdivision 1. new text end

new text begin Physician requirement. new text end

new text begin A physician who knowingly and
intentionally performs or induces an abortion, who does not have clinical privileges at a
hospital which offers obstetrical or gynecological care within the state and within 20 miles
of the location where the abortion is performed or induced, is guilty of a misdemeanor and
is subject to the criminal penalties provided by law. For purposes of this section, abortion
has the meaning given in section 144.343, subdivision 3.
new text end

new text begin Subd. 2. new text end

new text begin Severability. new text end

new text begin If any one or more provision, section, subdivision, sentence,
clause, phrase, or word of this section or the application of it to any person or circumstance
is found to be unconstitutional, it is declared to be severable and the balance of this section
shall remain effective notwithstanding such unconstitutionality. The legislature intends
that it would have passed this section, and each provision, section, subdivision, sentence,
clause, phrase, or word irrespective of the fact that any one provision, section, subdivision,
sentence, clause, phrase, or word is declared unconstitutional.
new text end

new text begin Subd. 3. new text end

new text begin Supreme Court jurisdiction. new text end

new text begin The Minnesota Supreme Court has original
jurisdiction over an action challenging the constitutionality of this section and shall
expedite the resolution of the action.
new text end