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Indiana lawmakers debate new bill aimed at restricting abortion

Indiana Senate debates controversial bill to drastically restrict abortion
Indiana Senate debates controversial bill to drastically restrict abortion 02:43

CHICAGO (CBS) – Monday was a heated day in the Indiana State Senate as debate began on a new bill that aims to drastically restrict abortion access in the state.

Some said the proposal, which bans most abortions from the time of implantation, goes too far, but others said it doesn't go far enough.

CBS 2's Chris Tye dug into the bill and followed where developments stood on Monday.

The bill being debated bans abortion anytime after the fetus implants in the uterus, with exception for cases of rape, incest and the life of the mother.

But within those exceptions, big questions and need for clarity remain.

"If a woman waits until six months to actually say 'I was the victim of rape,' and this child is a product of that rape, could she receive an abortion?" asked one lawmaker during debate.

"I don't think she could," answered State Sen. Susan Glick (R).

"Why not?"

"I think there's going to be amendments offered to tighten up those restrictions," Glick said.

Unlike states with trigger laws, where agreed upon abortion laws kicked in right after Roe v. Wade was overturned, Indiana's legislature is drafting its new law in real time.

No other state in the country has begun that process yet.

Senate Bill 1 may become the law. Debate and testimony began on Monday on a bill with huge gaps that even its author said still need filing.

"There are provisions in the bill for criminal penalties. Those will be gone over later," Glick said.

Among the big questions that linger: What penalties should attach to those that break the law?

Who determines what illness qualifies as the mother's life actually being at risk?

And what about in cases of extreme mental health situations?

"So the state's going to make that decision for the woman?" another lawmaker asked Glick.

"The state can put guidelines in place, as we have, for the common good," she responded.

Finding common ground in the search for that "common good" is not easy. Some called the ban from the moment of implantation dangerous overreach.

"It will disproportionally affect mothers of color and low-income mothers," said Dr. Mary Abernathy, a supporter of abortion rights.

Other felt it doesn't go far enough.

"We simply cannot allow individual doctors to create abortion policy on a case by case basis," said Amy Rainey. "That approach does nothing to protect vulnerable women or pre-born children."

It was so intense inside the Indiana State House that every time the door to the Senate chamber opened, you could hear the protests from both sides very clearly.

The Senate will continue to hear testimony and debate the matter this week.

If approved, it moves to the State House of Representatives. If approved there, the finished product could be law by the end of the summer.

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