On Wednesday, January 4, 2017, Indiana state representative Curt Nisly, a Republican serving district 22, introduced to the general assembly of Indiana HB 1134, the Protection at Conception Act. The bill as introduced will abolish abortion in the state of Indiana and will treat killing preborn human beings by abortion as felony murder.
Specifically, the bill repeals all of the years of abortion regulations, mainly encompassed in Indiana’s Code 16-34 through a direct repeal of section 16-34. Then, the legislation adds a new section to Indiana Code, 16-50, which declares that human physical life begins when a human ovum is fertilized by a human sperm. That new section then asserts Indiana’s right under the 9th and 10th amendments to the US Constitution and under the Declaration of Independence to “protect human physical life from the moment that human physical life begins”.
The way the bill then protects preborn human life is mainly two modifications to the state’s murder statute. Presently, Indiana defines murder to include the preborn, but Indiana Code 35-42-1-0.5 contains an exception that allows mothers to murder their children by abortion. Representative Nisly’s HB 1134 repeals IC 35-42-1-0.5. This is exactly what the Idaho initiative petition is doing in its repeal of Idaho Code 18-4016. Then Indiana’s HB 1134 amends the murder statute’s defintion of human being to state that “‘Human being’ means an individual having human physical life regardless as to whether the individual has been born”, and this definition then contains a reference back to the new section 16-50. In Indiana, under HB 1134, abortion will be a felony murder.
Also in the new section 16-50, HB 1134 calls for a defiance of the federal government’s intervention as Indiana enforces a prohibition against abortion. Specifically, the bill says “Any act, law, treaty, rule or regulation of the United States government that fails to protect a person’s inalienable right to life is null, void and unenforceable in Indiana. The courts of the United States have no jurisdiction to interfere with Indiana’s interest in protecting human physical life from the moment that human physical life begins”.
The legislation then directs Indiana prosecutors to enjoin any US government officials or agents if they attempt to interfere with Indiana’s protection of all human beings in Indiana’s jurisdiction.
Recently, representative Curt Nisly discussed with Abolish Abortion Idaho his HB 1134. Click on the player to listen to the interview as representative Nisly discusses the bill.
Listen to Indiana state representative Curt Nisly discuss his 2017 HB 1134 that would abolish abortion in Indiana and defy the federal courts:
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