SB 737 - This act establishes the "Safeguarding All Children's Remains to Ensure Dignity Act" or the "SACRED Act". This act adds to the informed consent procedures for an abortion the requirement that the physician or a qualified professional present the woman, in person, certain printed materials to help her decide, prior to the abortion, the final disposition of the remains of her unborn child. The cost of the final disposition shall be included in the payment for the abortion and there shall be no difference in cost based on her choice of final disposition. If the abortion is completed outside of the hospital or abortion facility where the procedure was initiated, the woman may bring the remains of the unborn child to the hospital or abortion facility for final disposition at no additional cost to her.
The mother of an unborn child shall have the sole right of sepulcher for the remains of her deceased unborn child resulting from an abortion and may assign that right to any next of kin, but not to the person who performed or induced the abortion, an employee or agent of the hospital or abortion facility, or the pathologist or his or her employee or agent who receives the remains for examination. The mother shall direct the remains, upon completion of the required pathological examination, to be returned, within 14 days of submission to the pathologist, to her or the assigned next of kin for final disposition or to be transferred within the same time period to a licensed funeral establishment chosen by the mother for individual or group burial or individual or simultaneous cremation. Any remains that are used to determine the cause or causes of any anomaly, illness, death, or genetic condition of the child, paternity, or for law enforcement purposes shall not be required to be returned within the 14-day window. A hospital, abortion facility, or pathologist without possession of the remains shall not be required to assist the mother or next of kin in the final disposition of the remains. Nothing in this provision shall require the public disclosure of the identity of the mother, any next of kin assigned the right of sepulcher, the person performing or inducing the abortion, the hospital or abortion facility where the abortion was performed or induced, or the licensed funeral establishment.
Additionally, no person or entity shall require, obtain, or accept payment for preoperative or preparatory care or treatment prior to an abortion, including a pregnancy test, ultrasound, counseling, or medical examination, until at least 72 hours have passed following the informed consent procedures.
Under this act, no person shall knowingly donate or make an anatomical gift of the fetal organs or tissue resulting from an abortion for medical, scientific, experimental, therapeutic, or other use. However, nothing in this provision shall prohibit the utilization of fetal organs or tissue to determine the cause or causes of any anomaly, illness, death, or genetic condition of the unborn child, paternity of the unborn child, or for law enforcement purposes. Any person who violates these new and existing provisions on prohibited uses of fetal organs or tissue resulting from an abortion shall be guilty of a Class E felony, as well as subject to revocation of his or her professional license.
This act creates the offense of hoarding aborted human remains if a person knowingly possesses, outside of a hospital or abortion facility, 5 or more bodies of unborn children, or the arms, legs, fingers, toes, heads, trunks, limbs, appendages, or organs of 5 or more unborn children, which were obtained after he or she had performed or induced abortions on other persons. This offense shall be a Class D felony. The court shall order a person who has been found guilty of or pleaded guilty or nolo contendere to the offense to undergo psychological or psychiatric evaluation and treatment as the court determines to be appropriate.
This act is identical to SB 101 (2021) and HB 2402 (2020).