Senate approves substitute to HB90 that removes a hospital‑only requirement, clarifies 'viable' and adds criminal penalties

The Utah Senate approved the first substitute to House Bill 90 on third reading after a floor exchange about potential fiscal and legal exposure. The substitute removes an existing statutory requirement that abortions performed at least 90 days before the expected term must be performed in a hospital, clarifies the meaning of the term “viable,” and includes a provision making an illegal abortion that results in the death of an unborn child a second‑degree felony.

Senator Bramble, speaking as sponsor on the floor, said the substitute was intended to remove an unconstitutional provision and to clarify viability and associated penalties. Senator Hilliard asked whether any funding had been set aside to defend the state if the measure is challenged in court, noting the potential for litigation and unexpected fiscal consequences. Senator Hilliard said: “Have we put aside any money for any legal defense if the bill is challenged or will that be a request for the Attorney General to come in…?” The bill sponsor responded that the fiscal note for the enactment shows no additional appropriations are required and that enactment “likely will not result in direct measurable costs or benefits.” The sponsor nonetheless acknowledged that groups opposed to restrictions on abortion “will try to litigate anything that we do here” and that litigation remains a possibility.

The Senate recorded the vote for third reading and the first substitute passed the floor (floor report: 18 ayes, 3 no votes as recorded on the floor). The sponsor said no fiscal note accompanies the measure and offered the floor’s assurance that it does not anticipate immediate budget consequences, while acknowledging legal challenges are possible.

The action does not settle potential litigation risk. The floor exchange makes clear senators considered the possibility of future legal defense costs, and the Senate did not adopt a provision in this floor action to set aside funds for potential AG defense costs. The bill will go to the House (or return to the House for concurrence, depending on scheduling) for further action.

Ending: The bill was passed on third reading by the Senate and will proceed to the next stage of legislative consideration; senators seeking to account for potential litigation costs will need to track any later budget requests by the Attorney General.