SB 245 would create and expand criminal penalties related to abortion-inducing drugs, specifically naming mifepristone and misoprostol. It amends Indiana’s existing coercion/abortion statute to make it a Level 5 felony to knowingly or intentionally use an abortion-inducing drug on a pregnant woman without her knowledge or consent, and increases that offense to a Level 4 felony if the unborn child is more than three months gestational age. The bill also creates a new chapter in the Indiana Code making it unlawful to knowingly or intentionally send mifepristone or misoprostol to a person in Indiana when that person possesses the drug, with a Class A misdemeanor for a first offense and a Level 6 felony for a prior unrelated conviction.
In addition, the bill adds mifepristone and misoprostol to Indiana’s Schedule IV controlled substances list. It includes exceptions for continuous transit through Indiana and for shipping to a hospital or pharmacy. The bill also updates related criminal code provisions so that these offenses are expressly referenced as crimes concerning coerced abortion and abortion-inducing drugs. The effective date is July 1, 2025.
Impact
The bill would significantly expand Indiana law by treating mifepristone and misoprostol as controlled substances and by creating new criminal offenses tied to their use, possession-related sending, and nonconsensual administration. It would affect pregnant women, healthcare providers, pharmacies, hospitals, and anyone involved in transporting or mailing these drugs into Indiana. The measure would also modify existing abortion-related criminal statutes and the state’s controlled substances schedules, increasing potential felony exposure for conduct involving these medications.
Sentiment
Based on the bill text and the absence of recorded committee discussion or votes in the provided materials, the bill appears to be framed as a restrictive abortion-enforcement measure rather than a broadly supported health policy change. The drafting language suggests a strong policy focus on preventing coerced abortion and limiting access to abortion-inducing drugs. No contrary or supportive testimony is available in the record provided, so the overall sentiment cannot be measured from debate, but the bill’s structure indicates a clear intent to impose stricter criminal penalties.
Contention
The main points of contention are likely to be the criminalization of mifepristone and misoprostol, the addition of those drugs to Schedule IV, and the bill’s reach over sending or receiving the drugs in Indiana. Supporters would likely argue the bill protects pregnant women from coercion and nonconsensual drug administration, while opponents would likely raise concerns about abortion access, medical regulation, interstate shipping, and the appropriateness of classifying these medications as controlled substances. The heightened felony penalty when the unborn child is more than three months gestational age is another likely flashpoint.
Establishes the "safeguarding reproductive care act" under which a stockpile of mifepristone and misoprostol is maintained and managed to ensure continued access to reproductive care medications within the state.