Session of 1998
SENATE BILL No. 539
By Senators Emert, Barone, Corbin, Downey and
AN ACT concerning abortion; amending K.S.A.
1997 Supp. 65-6703 and
10 repealing the existing
12 Be it enacted by the Legislature of the
State of Kansas:
13 Section 1. K.S.A.
1997 Supp. 65-6703 is hereby amended to read as
14 follows: 65-6703. (a) The legislature of
the state of Kansas hereby recog-
15 nizes a woman's right to privacy which
is protected from unwarranted,
16 unauthorized and unjustifiable action
from the government. The legisla-
17 ture hereby recognizes that such right,
although fundamental, is not an
18 absolute, unqualified right. The
legislature hereby finds that regulation in
19 areas protected by the right of privacy
is justifiable in appropriate cir-
20 cumstances. The legislature hereby finds
that the state has an interest in:
21 (1) Safeguarding the health of a
pregnant woman; (2) maintaining medical
22 standards; and (3) protecting potential
23 (b) No person
shall perform or induce an abortion when the fetus is
24 viable unless such person is a physician
and has a documented referral
25 from another physician not financially
associated with the physician per-
26 forming or inducing the abortion and both
physicians determine that
27 the abortion is necessary to preserve the
life or health of the pregnant
; or (2) the fetus is affected
by a severe or life-threatening defor-
mity or abnormality.
(c) Violation of this section is a class A
person misdemeanor se-
31 verity level 3, person felony.
32 Sec. 2. K.S.A. 1997
Supp. 65-6703 is hereby repealed.
33 Sec. 3. This act
shall take effect and be in force from and after its
34 publication in the statute book.