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Utah House approves abortion‑law amendments after heated debate and amendment
Summary
The Utah House passed first substitute House Bill 90, changing criminal penalties tied to illegal abortions and clarifying viability language; the measure survived amendments and close floor argument and will be sent to the Senate.
Representative Paul Ray, sponsor of first substitute House Bill 90, told the House the measure’s purpose is to align fetal‑homicide penalties with other homicide statutes and to clarify viability using language he said comes from the U.S. Supreme Court.
“This bill is not about redefining abortion,” Representative Paul Ray said, arguing the legislation only changes the criminal penalty for illegal abortions and clarifies when viability attaches. He said the change is meant to ‘‘bring the criminal code up to match what all the other criminal codes are.’’
Opponents described the bill as an intrusion on the physician‑patient relationship and warned of unintended medical and constitutional consequences. “Adding criminal penalty for supporting a difficult decision is a serious undermining of the doctor‑patient relationship,” Representative Reesen said in opposition, urging colleagues to reject the bill.
Members debated an amendment filed by the sponsor (Amendment No. 2, Feb. 3, 2009) that restored language addressing certain late‑term circumstances and added an exception for severe fetal deformity when two physicians certify the condition. The amendment was adopted on the floor.
Representative Allen sought to reduce criminal exposure for physicians by changing a new second‑degree penalty to a third‑degree felony; the motion to amend failed when the House voted 32 yes to 41 no on that specific amendment. Representative Ray opposed lowering the penalty, saying it should match fetal‑homicide penalties in other statutes.
After extended debate on constitutionality, medical exceptions and penalties, the House voted to pass first substitute HB90. The Clerk announced the final tally as 56 yes and 16 no; the bill will be transmitted to the Senate for further consideration.
The measure drew objections from medical‑association witnesses noted on the floor, and multiple members urged careful consideration of severability language and health‑of‑the‑mother exceptions. The House left open the usual judicial review path; the bill’s sponsor said that he used Supreme Court language to limit constitutional exposure.
What happens next: HB90 will be sent to the Utah Senate, where the bill could be amended further or referred to committee for review.
