Judiciary

Abortion procedure banned after cloture vote

Lawmakers passed a bill Aug. 13 that bans a specific abortion method in Nebraska.

Sen. Suzanne Geist
Sen. Suzanne Geist

LB814, introduced by Lincoln Sen. Suzanne Geist, bans “dismemberment” abortion—known medically as dilation and evacuation—except in emergency situations.

The bill defines a dismemberment abortion as a procedure in which a person purposely dismembers and extracts a living fetus from the uterus using clamps, forceps or similar instruments. It does not apply to an abortion in which suction is used to dismember a fetus, or removal of a fetus that already is dead.

LB814 also allows for professional injunctions and civil action against any abortion provider found to be in violation of the bill’s provisions.

The intentional and knowing performance of the procedure—unless performed due to a medical emergency—is a Class IV felony, punishable by up to two years imprisonment with 12 months post-release supervision, a $10,000 fine or both.

Omaha Sen. Megan Hunt offered a motion on final reading to bracket the bill. After approximately an hour of discussion, Geist offered a motion to invoke cloture, which ends debate. Lawmakers voted 33-8 to invoke cloture. Thirty-three votes were needed.

Senators then rejected the bracket motion 8-29 and passed LB814 on a 33-8 vote.

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