What is HB1?
House Bill 1 is legislation that was introduced on November 21, 2011 and was passed by the Virginia House of Delegates on February 14, 2012 on a 66-32 vote..
Who introduced HB1?
Longtime abortion opponent Delegate Robert G. Marshall from Prince William County, Virginia?
Why is HB1 called “Personhood” legislation?
Because it provides that for purposes of all 25,000 references in the Code of Virginia a person shall be deemed to begin at conception.
Why does HB1 ban contraception?
Defining a “person” to begin at conception would include Virginia’s murder statutes. Any action taken to interfere with continued existence of a fetus – e.g. contraception – would be a weapon. Many forms of contraception function inhibiting a fetus from implanting. These include all IUD’s, RU-486, Depro-Provera, Ortho Evra, Hormonal Vaginal Contraceptive Rings, and most oral contraceptives.
Did anyone try to stop it from affecting contraception?
Yes. During the General Assembly, Delegate Vivian Watts introduced the following amendment to HB1:
§ 8. Nothing in this section shall be interpreted as affecting lawful contraception.
That amendment was rejected on a 64-34 vote.
Has personhood legislation been attempted anywhere else?
It is on the book in one other state – Missouri. It was recently proposed as a voter referendum in Mississippi and rejected 55% to 45%.
House Bill 462 and Senate Bill 484
What is HB462 and SB484?
House Bill 462 and Senate Bill 484 were measures that were adopted to require any women seeking an abortion to be subject to a mandatory ultrasound within twenty-four hours of her abortion. It was passed by the House of Delegates on a 63-36 vote.
The legislation was passed by the State Senate on a 21-18 vote, but stricken by its sponsor after she received significant negative feedback from women.
Who introduced HB462 and SB484?
The bills were introduced by Delegates Kathy Byron from Bedford, VA and Mark Cole from Stafford County, VA and Senator Jill Holtzman Vogel from Warrenton, VA.
What does HB462 and SB484 require?
Both bills require an ultrasound to be performed within twenty four hours of an abortion.
Why does HB462 and SB484 require a transvaginal or vaginally penetrating ultrasound?
Most abortions are performed in the first trimester of pregnancy. External or “jelly on the belly” ultrasounds are not sufficiently sensitive enough to image a fetus before the tenth week of pregnancy. Therefore, a state-mandated transvaginal ultrasound probe would be required to image a fetus before the 10th week of pregnancy if a woman wanted to exercise her constitutional right to an abortion.
Would HB462 and SB484 require an ultrasound if a fetus was previously found to be deformed, clinically dead, or forming without a brain (anencephalatic) by a doctor?
Yes. These bills would require a woman to undergo a second ultrasound for a fetus that she had previously decided to terminate because her pregnancy was not proceeding in a normal fashion.
Did anyone try to fix the legislation?
In the debate in the House of Delegates, Delegate David Englin attempted to amend the bill to require a woman’s consent before a transvaginal ultrasound could be performed. This amendment was rejected by the Virginia House of Delegates on a 64-34 vote.
Are ultrasounds necessary within twenty-four hours of an abortion?
No. While ultrasounds are often performed at some point during the abortion process, the decision as to whether they are necessary is typically left to the doctor subject to the consent of the patient.
