120 Final Corrected

END LATE ABORTIONS IN COLORADO
BE IT ENACTED BY THE PEOPLE OF THE STATE OF COLORADO:
SECTION 1. IN COLORADO REVISED STATUTES, ADD PART 9 TO ARTICLE 6 OF TITLE 18 AS FOLLOWS:
Part 9
LATE ABORTIONS PROHIBITED

18-6-901. Declaration of the People.
(1) THE PEOPLE OF THE STATE OF COLORADO FIND AND DECLARE THAT:
(a) CURRENTLY, IN THE STATE OF COLORADO AN ABORTION CAN BE PERFORMED AT ANY TIME DURING
PREGNANCY.
(b) THIS INITIATIVE WOULD PROHIBIT AN ABORTION AFTER 22 WEEKS GESTATIONAL AGE OF THE FETUS.
18-6-902. Definitions. AS USED IN THIS PART 9:
(1) “ABORTION” MEANS THE ACT OF USING OR PRESCRIBING ANY INSTRUMENT, MEDICINE, DRUG, OR ANY OTHER
SUBSTANCE, DEVICE, OR MEANS WITH THE INTENT TO TERMINATE THE PREGNANCY OF A WOMAN KNOWN TO BE
PREGNANT OR WITH THE INTENT TO KILL THE UNBORN CHILD OF A WOMAN KNOWN TO BE PREGNANT. SUCH USE,
PRESCRIPTION, OR MEANS IS NOT AN ABORTION IF DONE WITH THE INTENT TO:
(a) SAVE THE LIFE OR PRESERVE THE HEALTH OF THE EMBRYO OR FETUS;
(b) REMOVE A DEAD EMBRYO OR FETUS CAUSED BY MISCARRIAGE; OR
(c) REMOVE AN ECTOPIC PREGNANCY.
(2) “GESTATIONAL AGE” MEANS THE TIME THAT HAS ELAPSED FROM THE FIRST DAY OF THE WOMAN’S LAST
MENSTRUAL PERIOD.
(3) “PROBABLE GESTATIONAL AGE” MEANS WHAT, IN THE JUDGMENT OF THE PHYSICIAN USING BEST MEDICAL
PRACTICES, WILL WITH REASONABLE PROBABILITY BE THE GESTATIONAL AGE OF THE UNBORN CHILD AT THE TIME AN
ABORTION IS PLANNED TO BE PERFORMED.”
(4) “TWENTY-TWO WEEKS” MEANS TWENTY-TWO WEEKS, ZERO DAYS GESTATIONAL AGE.
18-6-903. Abortion after 22 weeks gestational age prohibited.
(1) UNLAWFUL CONDUCT. NOTWITHSTANDING ANY OTHER PROVISION OF LAW, EXCEPT AS PROVIDED IN 18-6-903
(3), IT IS UNLAWFUL FOR ANY PERSON TO INTENTIONALLY OR RECKLESSLY PERFORM OR ATTEMPT TO PERFORM AN
ABORTION ON ANY OTHER PERSON IF THE PROBABLE GESTATIONAL AGE OF THE FETUS IS AT LEAST 22 WEEKS.
(2) ASSESSMENT OF GESTATIONAL AGE. A PHYSICIAN PERFORMING OR ATTEMPTING AN ABORTION SHALL FIRST MAKE
A DETERMINATION OF THE PROBABLE GESTATIONAL AGE. IN MAKING SUCH A DETERMINATION, THE PHYSICIAN
SHALL MAKE SUCH INQUIRIES OF THE PREGNANT WOMAN AND PERFORM OR CAUSE TO BE PERFORMED SUCH
MEDICAL EXAMINATIONS AND TESTS AS A REASONABLY PRUDENT PHYSICIAN, KNOWLEDGEABLE ABOUT THE CASE
AND THE MEDICAL CONDITIONS INVOLVED, WOULD CONSIDER NECESSARY TO MAKE AN ACCURATE DETERMINATION
OF THE GESTATIONAL AGE.
(3) EXCEPTION. IF, IN THE REASONABLE MEDICAL JUDGEMENT OF THE PHYSICIAN, AN ABORTION IS IMMEDIATELY
REQUIRED TO SAVE THE LIFE OF A PREGNANT WOMAN, RATHER THAN AN EXPEDITED DELIVERY OF THE LIVING
FETUS, AND IF THE PREGNANT WOMAN’S LIFE IS THREATENED BY A PHYSICAL DISORDER, PHYSICAL ILLNESS, OR
PHYSICAL INJURY, INCLUDING A LIFE-ENDANGERING PHYSICAL CONDITION CAUSED BY OR ARISING FROM THE
PREGNANCY ITSELF, BUT NOT INCLUDING PSYCHOLOGICAL OR EMOTIONAL CONDITIONS, SUCH AN ABORTION IS NOT
UNLAWFUL. IN SUCH A SITUATION, A PHYSICIAN MAY REASONABLY RELY UPON AN ASSESSMENT OF GESTATIONAL
AGE MADE BY ANOTHER PHYSICIAN INSTEAD OF ABIDING BY THE PROVISIONS OF 18-6-903 (2).
(4) PENALTIES. ANY PERSON WHO INTENTIONALLY OR RECKLESSLY PERFORMS OR PERFORMS OR ATTEMPTS TO
PERFORM AN ABORTION IN VIOLATION OF THIS PART 9 IS GUILTY OF A CLASS 1 MISDEMEANOR BUT MAY ONLY BE
SUBJECT TO PUNISHMENT BY FINE AND NOT BY JAIL TIME.
(5) NO CRIMINAL PENALTIES FOR WOMEN. A WOMAN ON WHOM AN ABORTION IS PERFORMED OR A PERSON WHO
FILLS A PRESCRIPTION OR PROVIDES EQUIPMENT USED IN AN ABORTION DOES NOT VIOLATE THIS PART 9 AND
CANNOT BE CHARGED WITH A CRIME IN CONNECTION THEREWITH.
SECTION 2. IN COLORADO REVISED STATUTES, 12-240-121, ADD (1)(nn) AS FOLLOWS:
12-240-121. Unprofessional conduct-definitions. (1) “Unprofessional conduct” as used in this Article

240 means:
(nn) A VIOLATION OF SECTION 18-6-903.
SECTION 3. IN COLORADO REVISED STATUTES, 12-240-125, ADD (9.5) AS FOLLOWS:
12-240-125. Disciplinary action by board – immunity – rules.
(8.5) IF THE BOARD FINDS A LICENSEE COMMITTED UNPROFESSIONAL CONDUCT IN VIOLATION OF SECTION 12-240-121
(1)(nn), THE BOARD SHALL SUSPEND THE LICENSEE’S LICENSE FOR AT LEAST THREE YEARS.
SECTION 4. Effective date-applicability-self-executing. (1) This act takes effect from and after the date
of the official declaration of the vote thereon by proclamation of the governor, and applies to offenses
committed on or after said date.
(2) The provisions of this initiative are self-executing.

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END LATE ABORTIONS IN COLORADO

BE IT ENACTED BY THE PEOPLE OF THE STATE OF COLORADO:

SECTION 1. IN COLORADO REVISED STATUTES, ADD PART 9 TO ARTICLE 6 OF TITLE 18 AS FOLLOWS:

LATE ABORTIONS PROHIBITED

18-6-902. Definitions. AS USED IN THIS PART 9:

SECTION 2. IN COLORADO REVISED STATUTES, 12-240-121, ADD (1)(nn) AS FOLLOWS:

12-240-121. Unprofessional conduct-definitions. (1) “Unprofessional conduct” as used in this Article

(nn) A VIOLATION OF SECTION 18-6-903.

SECTION 3. IN COLORADO REVISED STATUTES, 12-240-125, ADD (9.5) AS FOLLOWS:

12-240-125. Disciplinary action by board – immunity – rules.

(2) The provisions of this initiative are self-executing.

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