Senate Bill 5 has passed a Senate Committee and the full Senate. It is now before the House Committee of Health and Welfare; public hearings on Senate Bill 5 begin on Thursday, February 28, 2013.
Such legislation did not go over well in Virginia last year, as Republican Governor Bob McDonnell vetoed part of a bill that would have required transvaginal ultrasounds.
Many political observers had figured the GOP learned its lesson about being super-aggressive with abortion rhetoric and policy in the wake of Todd Akin and Richard Mourdock’s disastrous losses in 2012. But old habits, it seems, die hard.
Kentucky Senate Bill 5 would require: Prior to a woman giving informed consent to having any part of an abortion performed, the physician who is to perform the abortion shall: (a) Perform an obstetric ultrasound on the pregnant woman; (b) Provide a simultaneous explanation of what the ultrasound is depicting, which shall include the presence and location of the unborn child within the uterus and the number of unborn children depicted and also, if the ultrasound image indicates that fetal demise has occurred, inform the woman of that fact; (c) Display the ultrasound images so that the pregnant woman may view them; and (d) Provide a medical description of the ultrasound images, which shall include the dimensions of the embryo or fetus and the presence of external members and internal organs, if present and viewable.
--> Any physician who violates Section 1 of this Act shall be fined not more than one hundred thousand dollars ($100,000) for a first offense and not more than two hundred fifty thousand dollars ($250,000) for each subsequent offense.
--> Each violation of KRS 311.560 shall constitute a Class D felony.
--> Each violation of KRS 311.590 shall constitute a Class D felony. Conviction under this subsection of a holder of a license or permit shall result automatically in permanent revocation of such license or permit.
Any person who performs an abortion upon a married woman either with knowledge or in reckless disregard of whether KRS 311.735 applies to her and who intentionally, knowingly, or recklessly fails to conform to the requirements of KRS 311.735 shall be guilty of a Class D felony.
--> Any person convicted of violating KRS 311.750 shall be guilty of a Class B felony. Any person who violates KRS 311.760(2) shall be guilty of a Class D felony. Any person who violates KRS 311.770 or 311.780 shall be guilty of a Class D felony. A person convicted of violating KRS 311.780 shall be guilty of a Class C felony.