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Committee hears RS 31837 seeking to define personhood at fertilization; motion to print carries and no public hearing scheduled

Senate State Affairs Committee · February 5, 2025
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Summary

Senator Shippy presented RS 31837, proposing that 'person' begin at fertilization and extend protections to preborn children; senators raised questions about government investigation of miscarriages and litigation risks. The committee voted to send the proposal to print and confirmed it would not receive a public hearing.

Senator Shippy presented RS 31837, a draft proposal that would define "person" as beginning at fertilization and seek to extend equal-protection principles to preborn children under state law.

According to the sponsor, the legislation would amend statutory definitions to recognize preborn life at fertilization, adjust criminal and civil protections accordingly, and emphasize that courts should consider circumstances and multi-party involvement in enforcement. Senator Shippy said the bill’s enforcement provisions were intended to focus on future conduct and would not impose the harshest penalties automatically.

Several senators expressed concern about the draft’s scope. Senator Ruchti asked whether the proposal would authorize investigations into miscarriages or compel pregnancies to be carried to term in cases of rape or incest; Senator Shippy replied that the legislation was intended to recognize preborn life while protecting mothers and doctors acting in good faith, but acknowledged the change raised complex litigation questions. Chairman Guthrie said the Attorney General and the Governor’s chief of staff had expressed concern that further legislation could complicate ongoing court cases.

Senator Toews moved that RS 31837 be sent to print; the motion carried by voice vote. Senators on the majority caucus and key committee members indicated the draft would not proceed to a public hearing in this form. Senator Ruchti asked to be recorded as voting nay.