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Indiana lawmakers consider expanding death penalty methods, tightening abortion laws

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INDIANAPOLIS — Indiana lawmakers are weighing two controversial proposals that could expand options for carrying out the death penalty and create new legal consequences related to abortion.

State Rep. Jim Lucas, R-Seymour, is proposing legislation that would allow executions by firing squad and by nitrogen hypoxia, commonly referred to as the gas chamber. Lucas said the bill is intended to provide alternatives when lethal injection is not available.

"I know this is an opportunity to rehash and re-open death penalty debate that's already been decided; now we need to determine and move forward to see what the most humane, responsible and respectful methods are,” Lucas said.

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Indiana lawmakers consider making changes to death penalty methods and abortion

The Indiana Public Defenders Council opposes the measure.

"If we need people to be executed, we've proven we can do it, and there aren't very many people on Indiana's death row, so there is not likely going to be a need for alternative methods in the future,” said Zach Stock, legislative counsel for the council.

Another bill under consideration would require Terminated Pregnancy Reports to be submitted to the Inspector General. The original measure would have made those reports public, which the attorney general’s office had requested. The bill’s author amended it before testimony and a vote.

The attorney general has argued that access to those records is necessary to determine whether illegal abortions are occurring and to hold physicians accountable. Some opponents say the proposal still raises privacy concerns for patients.

One woman shared what happened to her after she decided to get a second-trimester abortion due to her baby having a fatal fetal abnormality. The baby wouldn't have lived outside of the womb. While she could have carried it to term, she decided to end the pregnancy.

"You know what happened to me? I had fake Facebook profiles created about me, my business and who I am,” said Amber Dowd, an Indiana resident who opposes the bill. “My husband had profiles made about him."

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The bill would also allow legal action to be taken against anyone who mails abortion pills across state lines. One doctor testified that it changes the definition of what constitutes a legal abortion, which could affect medical treatment for certain pregnancy complications.

"SB 236 attempts to redefine the term abortion in a way that does not align with how pregnancy complications are diagnosed and treated in practice,” said Dr. Nicole Scott, an OB-GYN who opposes the bill. “Currently, what is suggested in this bill is in conflict with the current Department of Health guidance."

One example raised in testimony was a molar pregnancy. According to the Mayo Clinic, a molar pregnancy is an abnormal condition in which tissue that would normally form a fetus instead develops into a mass of cells that can, in some cases, become cancerous.

Both bills passed out of committee with some Republicans voting against them. They now move to their respective chambers for further consideration.

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