Senate committee adds 'knowing' element, civil penalties to abortion‑drug mail ban and advances bill

Senator Hensley presented an amended version of SB 24‑12 that would add civil remedies for providing abortion‑inducing drugs via courier or mail. The amendment would allow the attorney general to seek civil penalties up to $10,000 per knowing violation and up to $1,000,000 when a knowing violation results in serious bodily injury or death.

During committee questions, Senator Taylor asked whether common carriers such as FedEx or UPS might be exposed to liability. Legal counsel explained that the statutory category of "other person" could be read broadly; counsel recommended modifying the language to require a knowing violation for civil liability. Senator Taylor moved a verbal amendment to add the knowing‑intent requirement; the sponsor accepted it as friendly and the committee adopted the change. Legal clarified that the bill defines abortion medication to include mifepristone and misoprostol and may include off‑label uses prescribed with intent to cause an abortion; drugs prescribed for other medical indications would not be covered.

Committee members pressed for data behind claims of the number of abortions occurring in‑state and out‑of‑state; the sponsor said the figures were available in her office but not in the committee record. After discussion and the verbal amendment adding the knowing element, the committee approved the amended bill and sent it to the calendar (roll call: 7 ayes, 2 noes). The law change would become effective according to the statutory timelines if enacted and could empower the attorney general to pursue civil enforcement in cases of knowing delivery of abortion‑inducing drugs by mail or courier.