Bryan Townsend
- Democratic
- Senator
- District 11
Primary
The United States Supreme Court’s decisions in Roe v. Wade and subsequent cases established that access to abortion is a constitutional right and that states may not prohibit abortion prior to viability. As a result of these decisions, and the exercise of prosecutorial discretion by the Attorney General, see Del. Op. Att’y Gen. No. 73-030, § III (Apr. 12, 1973), the Delaware Code's prohibitions against abortion are unconstitutional, and thus unenforceable. This Substitute makes Delaware’s laws on abortion consistent with the scope of the right protected by the United States Constitution and the practice in Delaware for the past 43 years. In doing so, this Act permits the termination of a pregnancy prior to viability, to protect the life or health of the mother, or in the event of serious fetal anomaly. This Substitute differs from Senate Bill No. 5 as follows: (1) It clarifies lines 31 through 34 related to fetal anomalies. (2) It notes, on lines 79 through 81, that informed consent for a procedure under this subchapter is required by § 4408-1.0 through 10.0, Title 16 of the Delaware Administrative Code. (3) It makes clear that nothing in this Substitute is to be construed to affect the continued effectiveness of the Parental Notice of Abortion Act, Subchapter VIII of Chapter 17 of Title 24 of the Delaware Code.
Signed by Governor
Amendment HA 1 to SS 1 - Defeated By House. Votes: 15 YES 23 NO 1 NOT VOTING 2 ABSENT
Amendment HA 5 to SS 1 - Defeated By House. Votes: 14 YES 24 NO 3 ABSENT
Passed By House. Votes: 22 YES 16 NO 3 ABSENT
Amendment HA 4 to SS 1 - Defeated By House. Votes: 15 YES 20 NO 3 NOT VOTING 3 ABSENT
Reported Out of Committee (Health & Human Development) in House with 8 On Its Merits
Assigned to Health & Human Development Committee in House
Amendment SA 4 to SS 1 - Introduced and Placed With Bill
Amendment SA 4 to SS 1 - Defeated By Senate. Votes: 4 YES 11 NO 5 NOT VOTING 1 ABSENT
Amendment SA 4 to SS 1 - Defeated By Senate. Votes: 4 YES 11 NO 5 NOT VOTING 1 ABSENT
Amendment SA 5 to SS 1 - Introduced and Placed With Bill
Amendment SA 5 to SS 1 - Defeated By Senate. Votes: 7 YES 11 NO 2 NOT VOTING 1 ABSENT
Amendment SA 6 to SS 1 - Introduced and Placed With Bill
Amendment SA 6 to SS 1 - Defeated By Senate. Votes: 9 YES 8 NO 3 NOT VOTING 1 ABSENT
Passed By Senate. Votes: 11 YES 7 NO 2 NOT VOTING 1 ABSENT
Amendment SA 5 to SS 1 - Defeated By Senate. Votes: 7 YES 11 NO 2 NOT VOTING 1 ABSENT
Amendment SA 1 to SS 1 - Introduced and Placed With Bill
Amendment SA 1 to SS 1 - Laid On Table in Senate
Amendment SA 2 to SS 1 - Introduced and Placed With Bill
Amendment SA 2 to SS 1 - Laid On Table in Senate
Amendment SA 3 to SS 1 - Introduced and Placed With Bill
Amendment SA 3 to SS 1 - Defeated By Senate. Votes: 7 YES 11 NO 2 NOT VOTING 1 ABSENT
was introduced and adopted in lieu of SB 5
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