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Proposed bill looks to ban abortions in Nebraska after fetal cardiac activity is detected

Posted at 6:27 PM, Jan 11, 2023
and last updated 2023-01-11 19:27:49-05

LINCOLN, Neb. (KMTV) — Efforts to ban abortions in Nebraska have been largely unsuccessful in recent years.

Last session, a trio of bills that would limit abortion in different capacities were all indefinitely postponed after lengthy filibusters but anti-abortion legislators believe this year could be the year to pass more restrictions.

The latest efforts to limit abortions in Nebraska are coming from a yet-to-be-introduced bill that supporters are calling the 2023 Nebraska Heartbeat act.

"A heartbeat is a universal sign of life and we know abortions stop a beating heart," said Sen. Joni Albrecht of District 17.

As the name implies the Heartbeat Act would ban any abortions after cardiac activity is detected, which typically occurs around six weeks into a pregnancy.

It's not the bill Albrecht wanted to introduce, but it is the one she feels she can pass.

"It's very evident a total ban wasn't appropriate at this time. It's very difficult for me to accept it but that's what it is and that is what we are gonna carry and support," said Albrecht.

While the mission is the same, the way the bill would function differs significantly from previous bills. The bill only covers pregnancies that occur in the uterus, so contraception, ectopic pregnancies and IVF are not affected by the bill. It would mean anyone seeking an abortion would undergo an ultrasound.

The biggest change, though, comes from the way the bill would be enforced.

"For any abortionist who violates the Nebraska heartbeat act, there would be a strong response under our law. But no criminal or civil penalties," said Albrecht.

Instead, doctors who perform abortions would be subject to discipline from Nebraska's Board of Medicine and Surgery, up to and including having their medical license revoked.

It is a significant step back from previous bills but still a step too far for opponents who are introducing their own bills to protect a person's right to abortion.

"We need to keep access to care legal, safe and available. And this does the opposite of that," said Sen. Danielle Conrad of District 46.

Conrad, along with Sen. Megan Hunt of District 8, has introduced several proposed constitutional amendments to protect abortion rights.

The three amendments would include reproductive freedom as an inalienable right in the state constitution, prevent the state from taking adverse action to prevent exercising that right and establish a constitutional right to privacy.

"Introducing a constitutional amendment to give Nebraskan's a choice and the chance to say, in Nebraska, we stand up for reproductive rights. We don't come between a patient and a doctor on this important issue and we need to give Nebraskans an opportunity at the ballot to say that," said Hunt.

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