1. Between five(5) and six (6) weeks' gestation, an unborn human being'sheart begins beating.
2. An unborn humanbeing begins to move about in the womb at approximately eight (8)weeks' gestation.
3. At nine (9) weeks'gestation, all basic physiological functions are present. Teeth andeyes are present, as well as external genitalia.
4. An unborn humanbeing's vital organs begin to function at ten (10) weeks'gestation. Hair, fingernails, and toenails also begin to form.
5. At eleven (11)weeks' gestation, an unborn human being's diaphragmis developing, and he or she may even hiccup. He or she is beginningto move about freely in the womb.
6. At twelve (12)weeks' gestation, an unborn human being can open and closehis or her fingers, starts to make sucking motions, and senses stimulationfrom the world outside the womb. Importantly, he or she has takenon "the human form" in all relevant aspects. Gonzalesv. Carhart, 550 U.S. 124, 160 (2007).
7. The Supreme Courthas long recognized that the State of Mississippi has an "importantand legitimate interest in protecting the potentiality of human life," Roe v. Wade, 410 U.S. 113, 162 (1973), and specifically that "thestate has an interest in protecting the life of the unborn."Planned Parenthood of Southeastern Pennsylvania v. Casey, 505 U.S.833, 873 (1992).
8. The majorityof abortion procedures performed after fifteen (15) weeks'gestation are dilation and evacuation procedures which involve theuse of surgical instruments to crush and tear the unborn child apartbefore removing the pieces of the dead child from the womb. The Legislaturefinds that the intentional commitment of such acts for nontherapeuticor elective reasons is a barbaric practice, dangerous for the maternalpatient, and demeaning to the medical profession.
9. Most obstetriciansand gynecologists practicing in the State of Mississippi do not offeror perform nontherapeutic or elective abortions. Even fewer offeror perform the dilation and evacuation abortion procedure even thoughit is within their scope of practice.
The physician shall sign the form as his or her attestation under oath that the information stated thereon is true and correct to the best of his or her knowledge.
A physician whoknowingly or intentionally delivers to the department any report requiredby subsection (4)(c) of this section and known by him or her to befalse shall be subject to a civil penalty or fine up to Five HundredDollars ($500.00) per violation imposed by the department.
In the eventthat any provision of this section shall be held invalid or unenforceableby a court of competent jurisdiction, Sections 41-41-131 through 41-41-145shall remain in effect. If some or all of the provisions of this sectionare ever temporarily or permanently restrained or enjoined by judicialorder, all other provisions of Mississippi law regulating or restrictingabortion shall be enforced as though the restrained or enjoined provisionshad not been adopted; however, whenever the temporary or permanentrestraining order or injunction is stayed or dissolved, or otherwiseceases to have effect, the provisions of this section shall have fullforce and effect.
Mindful of Leavittv. Jane L., 518 U.S. 137 (1996), regarding the context of determiningthe severability of a state section of law regulating abortion, theUnited States Supreme Court held that an explicit statement of legislativeintent is controlling. Accordingly, it is the intent of the Legislaturethat every provision, section, subsection, paragraph, sentence, clause,phrase or word in this section and every application of the provisionsin this section is severable from each other. If any application ofany provision in this section to any person, group of persons, orcircumstances is found by a competent court to be invalid, the remainingapplications of that provision to all other persons and circumstancesshall be severed and may not be affected. All constitutionally validapplications of this section shall be severed from any applicationsthat a court finds to be invalid, leaving the valid applications inforce, because it is the Legislature's intent and prioritythat the valid applications be allowed to stand alone. Even if a reviewingcourt finds a provision of this statute to impose an undue burdenin a large or substantial fraction of relevant cases, the applicationsthat do not represent an undue burden shall be severed from the remainingprovisions and shall remain in force, and shall be treated as if theLegislature had enacted a section limited to the persons, group ofpersons, or circumstances for which the section's applicationdoes not present an undue burden. The Legislature further declaresthat it would have passed this section and each provision, section,subsection, paragraph, sentence, clause, phrase or word, and all constitutionalapplications of this section, without regard to the fact that anyprovision, section, subsection, paragraph, sentence, clause, phraseor word, or applications of this section, were to be declared unconstitutionalor to represent an undue burden.
If this sectionis found by any competent court to be invalid or to impose an undueburden as applied to any person, group of persons, or circumstances,the prohibition shall apply to that person or group of persons orcircumstances on the earliest date on which this section can be constitutionallyapplied.
If any provisionsof this section are found by a competent court to be unconstitutionallyvague, then the applications of the provision that do not presentconstitutional vagueness problems shall be severed and remain in force.
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