Repeals the crime of terminating a pregnancy through performing certain acts under certain circumstances. (BDR 15-744)
Summary
SB 139 repeals Nevada’s existing manslaughter statute that criminalizes a woman’s conduct when she takes or uses drugs, medicine, substances, instruments, or other means with the intent to terminate her pregnancy after the 24th week and thereby causes the death of the fetus, except when done on a physician’s advice in connection with a lawful abortion. The bill removes NRS 200.220 entirely, eliminating the specific felony penalty that currently applies under that provision.
The bill also states that the repeal applies retroactively. In effect, the Legislature is declaring that the offense should no longer be punishable for conduct occurring before, on, or after the repeal date, reflecting an intent to erase the criminal liability associated with this statute rather than merely stop future prosecutions.
Impact
SB 139 would amend Nevada criminal law by repealing NRS 200.220, which currently classifies the conduct as manslaughter and a category B felony punishable by 1 to 10 years in prison and up to a $10,000 fine. The bill would remove this specific offense from the state’s criminal code and bar its continued use as a basis for prosecution. Because the bill expressly makes the repeal retroactive, it could also affect pending or past cases involving this statute, depending on how courts apply the Legislature’s intent.
Sentiment
The available record shows no committee transcript, vote tally, or recorded floor debate, so there is no documented public discussion in the provided materials. Based on the bill text alone, the measure appears to reflect a clear policy choice to decriminalize the conduct covered by the repealed statute and to do so broadly and retroactively. The absence of recorded opposition or support in the supplied context means sentiment cannot be measured from votes, but the bill’s framing suggests an affirmative legislative intent to remove this criminal penalty.
Contention
The main point of contention likely concerns abortion-related criminal liability and whether the state should continue to treat post-24-week pregnancy termination conduct as manslaughter when it results in fetal death. Supporters would likely view the repeal as a necessary rollback of criminal penalties tied to reproductive health decisions, while opponents may argue that the statute protects fetal life and that repeal removes an existing criminal safeguard. A second potential issue is retroactivity, since applying the repeal to past conduct could affect existing prosecutions, convictions, or sentences and may raise questions about legislative power and finality of criminal judgments.