An Act to Amend
Maine Legislature, Session 132, LD 0682
Committee Amendment CA_A_S323 (Senate)
Amends: 22 MRSA §1598

COMMITTEE AMENDMENT "^>> to S.P. 297, L,D. 682, "An Act to Amend
Certain Laws Regarding Abortions"
Amend the bill by striking out all of sections 2 and 3 and inserting the following:
'See. 2. 22 MRSA §1598, sub-§l-B, as enacted by PL 2023, c; 416, §3 and
reallocated by RR 2023, c, 1, Pt. A, §8, is amended to read;
1-B. Abortion after viability. After viability, an abortion may be performed only
when the fetus is diaenosed by a physician licensed pursuant to Title 32. chapter 36 or 48
with a lethal fetal anomaly or it is medically necessary to preserve the life or health of the
mother in the professional judgment of a the physician tieensed pursuattHe-Btle 32, citapter
36 or 48, The physician shall apply the applicable standard of care in making a professional
judgment under this subsection.
Sec. 3. 22 MRSA §1598, sub-§2, ^[A-l is enacted to read:
A" 1, "Lethal fetal anomalY"jneans a fetal condition diaenosed before birth that. it* the
pregnancy results in a live birth, will. with reasonable certainty, result lit the death of
the child not more than 3 months after birth.'
Amend the bill by striking out all of sections 5 and 6 and inserting the following:
'See. 5. 22 MRSA §1598, sub-§3, ^C is enacted to read:
C^ A person not licensed as required by paragraph A who knowinelv performs .an
abortion on another person or a person who knowingly assistsa nonlicensed person to
perform an abortion on another person is auiltyofa Class C crhne. Nothing in this
paragraph limits the applicability of Title 32. section 3270 or any other civil or criminal
law that may apply;
Sec. 6. 22 MRSA §1598, sub-§5 is enacted to read;
5,_Abortioits after viabilitvi criminal liability. A person who performs an abortion
. after yiabilityjs fiuiltv of a Class D crime if:
A. The person knowingly disregarded the viability of (lie fetus; and
Page I - 132LR0674(02)
COMMITTEE AMENDMENT
^ COMMITTEE AMENDMENT" ft " to S.P, 297, L.D. 682 (^-'5^3)
^'
B. The person knew that the fetus was not diagnosed by a physician licensed mirsuan t
to Title 32, chapter 36 or 48 with a lethal fetal anomaly and the abortion was not
necessary for the preservation of the life or health of the mother.'
Amend the bill by relettering or renumbering any nonconsecutive Part letter or section
number to read consecutively.
SUMMARY
This amendment, which is the minority report of the committee, clarifies that the
determination that an abortion after viability is medically necessary to preserve the life or
health of the mother must be made by a licensed physician, It also clarifies that, in addition
to the Class C crime for performing an abortion without a license established by the bill, a
person who performs an abortion without a license may be subject to the Class E crime of
' the unlicensed practice of medicine. It also makes a technical correction to the description
of the Class D crime of unlawfully performing an abortion after viability.
FISCAL NOTE REQUIRED
(See attached)
Page2-132LR0674(02)
COMMITTEE AMENDMENT
Approved: 04/07/25
i-Ri-
LD 682 LR 674(02)
An Act to Amend Certain Laws Regarding Abortions
Fiscal Note for Bill as Amended by Committee Amendment "^" (,$"- ^ ^'5
Committee: Judiciary
Fiscal Note Required: Yes
Fiscal Note
Minor cost increase - General Fund
Minor revenue increase - General Fund
Minor revenue increase - Other Special Revenue Funds
ICorrectional and Judicial Impact Statements
The additional workload associated with the minimal number of new cases filed in the court system does not require
additional funding at this time, The collection of additional fines will increase General Fund or other dedicated
revenue by minor amounts,
Fiscal Detail and Notes
Any additional costs to the Department of Health and Human Services to implement the provisions of this bill are
expected to be minor and can be absorbed within existing budgeted resources.
LR0674(02) - Fiscal Note - Page 1 of 1