The bill, contingent on the finding of the state Attorney General that the U.S. Constitution no longer prohibits states from banning abortion, would create a felony of the third degree offense of producing an abortion, with a woman’s consent.  The bill would also create a felony of the second degree for producing an abortion without the woman’s consent.  If the abortion results in the death of the mother the offense would be punishable as a felony of the first degree. 

A felony of the third degree is punishable by imprisonment in the institutional division for any term of not more than 10 years or less than 2 years, or, in addition to confinement, a fine not to exceed $10,000.

A felony of the second degree is punishable by imprisonment in the institutional division for any term of not more than 20 years or less than 2 years, or, in addition to confinement, a fine not to exceed $10,000.

A felony of the first degree is punishable by imprisonment in the institutional division for any term of not more than 99 years or less than 5 years, or, in addition to confinement, a fine not to exceed $10,000.

For this analysis it is assumed that the number of offenders convicted under this statute would not result in a significant impact on the programs and workload of state corrections agencies or on the demand for resources and services of those agencies.