Arkansas Session Laws of the 2019 Regular Session (2019)
HB 1439, Act 493
For An Act To Be Entitled
AN ACT TO CREATE THE CHERISH ACT; TO PROHIBIT ABORTIONS AFTER EIGHTEEN (18) WEEKS' GESTATION EXCEPT IN A MEDICAL EMERGENCY; AND FOR OTHER PURPOSES.
Subtitle
TO CREATE THE CHERISH ACT; AND TO PROHIBIT ABORTIONS AFTER EIGHTEEN (18) WEEKS' GESTATION EXCEPT IN A MEDICAL EMERGENCY.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF ARKANSAS:
Subchapter 20 - Cherish Act
20-16-2001. Title.
This subchapter shall be known and may be cited as the "Cherish Act".
20-16-2002. Legislative findings and intent.
(a) The General Assembly finds that:
(1)(A) The United States is one (1) of only seven (7) nations in the world that permits nontherapeutic or elective abortion on request after the twentieth week of gestation.
(B) Fully seventy-five percent (75%) of all nations do not permit abortion after twelve (12) weeks' gestation, except to save the life and preserve the physical health of the mother;
(2) Medical and other authorities now know more about human prenatal development than ever before, including without limitation:
(A) Between five (5) and six (6) weeks' gestation, an unborn human being's heart begins to beat;
(B) An unborn human being begins to move about in the womb at approximately eight (8) weeks' gestation;
(C) At nine (9) weeks' gestation, all basic physiological functions, buds for teeth, eyes, and external genitalia are present;
(D)(i) An unborn human being's vital organs begin to function at ten (10) weeks' gestation.
(ii) Hair, fingernails, and toenails begin to form at ten (10) weeks' gestation;
(E)(i) At eleven (11) weeks' gestation, an unborn human being's diaphragm develops, which can result in hiccups.
(ii) In addition, an unborn human being begins to move about freely in the womb; and
(F)(i) At twelve (12) weeks' gestation, an unborn human being can open and close his or her fingers, make sucking motions, and sense stimulation from outside the womb.
(ii) At this stage, the unborn human being takes on "the human form" in all relevant aspects as stated in Gonzales v. Carhart, 550 U.S. 124, 160 (2007);
(3) The United States Supreme Court has recognized that a state has an "important and legitimate interest in protecting the potentiality of human life" in Roe v. Wade, 410 U.S. 113, 162 (1973), and, specifically, that "the state has an interest in protecting the life of the unborn" as discussed in Planned Parenthood of Southeastern Pennsylvania v. Casey, 505 U.S. 833, 873 (1992);
(4)(A) The majority of abortion procedures...
