NEBRASKA CITY – State Sen. Jen Day  hopes reaction to billboards in Omaha saying women are going to jail under Nebraska’s abortion ban is followed up with support for her bill to provide immunity to Nebraska women based on pregnancy outcome.

Day: “I think the billboards themselves sparked a conversation with some of the pro-life organizations, like the Nebraska Right to Life. The director Sandy Danek said she was appalled at the billboards and that they were misleading.”

In a  KETV story Danek  said Nebraska’s new 12-week law does not hold women liable for abortions. Sen. Day says pro-life Senator Joni Albrecht has also said the prosecution of women is not her intention.

Day: “I have a bill currently in the Legislature, LB 391, that would proactively protect women from being investigated or prosecuted criminally or civilly for pregnancy outcomes. It would be my hope that if these organizations and these senators truly don’t want women to be prosecuted – they don’t want Nebraska women to be prosecuted – that they would support this legislation providing immunity.”

LB 391 provides for criminal and civil immunity for any woman whose pregnancy results in an outcome that does not result in a live birth. A press release from Day's office says this assurance of immunity is consistent with existing law relating to abortion in Nebraska:

  • Section 28-328 section 3 (abortion on viable fetus);
  • Section 28-347 section 3 (dismemberment abortion);
  • Section 28-3,108 (20 week ban);

and even Section 6 of LB 574 (Nebraska’s 12 week ban), all provide that a woman shall not be subject to prosecution or be liable for violating laws relating to abortion. 

Sen. Day said the assurance of immunity is consistent with existing Nebraska law but she describes it as a confusing patchwork of protections.

Day: “At the end of the day the question is whether Nebraska women should have qualified statements crafted by lawyers to be as narrow as possible or whether we should actually provide clear protection that everyone can understand.”

She said LB391 needs to be prioritized to come out of the legislative committee.