LINCOLN- After working behind the scenes to revive a stricter abortion ban last year, a Nebraska lawmaker said he should have fought for an additional exception and a repeal of criminal penalties. Sen. Merv Riepe introduced LB1109 this year in hopes of adding an exception for fatal fetal anomalies, up to 20 weeks post-fertilization, in line with other exceptions for incest and sexual assault, which were included last year. At least two physicians would need to confirm a fatal diagnosis, determining the pregnancy would result in the infant’s death at birth or “inevitably thereafter.”

LB 1109 would also repeal criminal penalties for someone who intentionally or recklessly performs, or attempts to perform, an abortion in violation of state law. This penalty is currently a Class IV felony. Patients are not held liable for abortions performed or attempted illegally. “I failed last session to hold to my expectations, and we have an incomplete law,” Riepe told the Judiciary Committee.

Riepe said current criminal penalties penalize doctors following the law but “operating within the margins” while the additional exception is for mothers who have “done everything right”. ”They are want-to-be mothers. They have sought prenatal care and screening,” Riepe said. “But the genetic lottery has swatted them down, and they have lost.”

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