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May 19, 2016

Notable sentencing elements in Oklahoma bill making any and all abortions a felony subject to mandatory imprisonment of at least one year

As reported in this new Washington Post piece, headlined "Oklahoma legislature passes bill making it a felony to perform abortions," legislators in the Sooner State have now sent to the Governor a piece of legislation designed to test the enduring constitutional viability of Roe v. Wade sooner rather than later.  Here are the basics (with the sentencing portion that caught my eye highlighted):

Lawmakers in Oklahoma approved a bill Thursday that would make it a felony for anyone to perform an abortion and revoke the medical licenses of any physician who assists in such a procedure. This sweeping measure, which opponents have described as unconstitutional and unprecedented, was sent to Gov. Mary Fallin (R) for her signature.

Fallin has five days to decide whether to sign the bill, and her office did not immediately respond to a request Thursday about her plans. The Oklahoma bill is the first such measure of its kind, according to the Center for Reproductive Rights, which says that other states seeking to ban abortion have simply banned the procedure rather than attaching penalties like this.

According to the bill, anyone who performs or induces an abortion will be guilty of a felony and punished with between one and three years in the state penitentiary. The bill also says that any physician who participates in an abortion will be “prohibited from obtaining or renewing a license to practice medicine in this state.”

The bill passed the Oklahoma House of Representatives with a vote of 59-to-9 last month. On Thursday, the state’s senate passed it with a vote of 33-to-12. State Sen. Nathan Dahm, a Republican who represents Tulsa County, told the Associated Press he hopes the Oklahoma measure could eventually lead to the overturning of Roe v. Wade, the landmark 1973 Supreme Court decision that recognized a woman’s right to an abortion.

The Oklahoma State Medical Association, which has called the measure “troubling,” said it would not take a position on the legality of abortion. However, the group said that it would “oppose legislation that is designed to intimidate physicians or override their medical judgment.”

Ever the sentencing nerd, I found it interesting and notable that Oklahoma would seek to outlaw abortion and make it a felony offense, but then attach to it a mandatory minimum prison sentence of only one year and a mandatory prison maximum of three years. After a little digging, I found the full text of the passed Oklahoma bill going to the Gov here, and I discovered these intriguing criminalization/sentencing terms used to apply only to a prohibition on abortions being performed by anyone other than a licensed physician.  But the new bill, as shown below, deletes the language that allows licensed physicians to be excluded from this criminal prohibition:

SECTION 3. AMENDATORY 63 O.S. 2011, Section 1-731, is amended to read as follows:

Section 1-731. No person shall perform or induce an abortion upon a pregnant woman unless that person is a physician licensed to practice medicine in the State of Oklahoma. Any person violating this section shall be guilty of a felony punishable by imprisonment for not less than one (1) year nor more than three (3) years in the State Penitentiary.

Prior (arguably) related post:

May 19, 2016 at 02:25 PM | Permalink

Comments

“I didn’t mean punishment for women like prison. I’m saying women punish themselves. I didn’t want people to think in terms of ‘prison’ punishment. And because of that I walked it back.”

http://www.deathandtaxesmag.com/291076/trump-women-punish-themselves-abortion/

Trump is for creativity in sentencing?

Gov. Fallin is a Trump supporter and open to be selected his v.p. Trump says he is thinking of picking a politician; she might be a good choice for him.

Posted by: Joe | May 19, 2016 2:41:10 PM

Joe, do think it will help or hurt Gov Fallin's VP prospects if she signs this bill?

Posted by: Doug B. | May 19, 2016 3:40:08 PM

The law sounds rather extreme; need more dog whistle there. Figure it would hurt her chances some.

Huh. Just noticed the author of that WP article.

Posted by: Joe | May 19, 2016 3:52:26 PM

No relation to me, Joe, if that is the basis for you "Huh."

Posted by: Doug B. | May 19, 2016 4:24:01 PM

Okay. Meanwhile, grand jury report on executions released.

https://www.buzzfeed.com/chrismcdaniel/oklahoma-execution-grand-jury?utm_term=.qb9QwNyQR#.yiDem58ep

Posted by: Joe | May 19, 2016 9:02:43 PM

She vetoed it as constitutionally vague criminal legislation & promoted overturning Roe v. Wade via the appointment of a conservative pro-life justice. Trending up.

Posted by: Joe | May 20, 2016 6:45:05 PM

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