By Matt Bittle

DOVER — A House panel approved a bill Wednesday that would strike from state law outdated language criminalizing abortion.

Although abortion has been legal at the federal level since a landmark 1973 Supreme Court case, the Delaware state code still contains provisions restricting it. The General Assembly codified abortion protections in 2017, and legislators are seeking to do something similar with House Bill 31.

The proposal, which cleared the House Health & Human Development Committee and now goes to the full chamber, would make the criminal section of the code consistent with legislation passed a few years ago. It essentially would ensure that abortion is treated like any other medical procedure, House Majority Leader Valerie Longhurst told the committee.

“The language in the code is unenforceable, and that’s why we are removing it,” said Rep. Longhurst, a Bear Democrat who introduced the bill.

Only physicians can lawfully perform abortions in Delaware, and they must follow certain rules. A doctor who flouts procedure risks losing his or her medical license, while an unauthorized person who conducts an abortion could face criminal charges.

Rep. Longhurst and other supporters expressed hope that the bill will encourage women to speak with their doctors, rather than seeking out back-alley abortions or performing one on themselves.

Contrary to what some may think, the measure would not legalize late-term abortions, noted Rep. John Kowalko, a Newark Democrat.

Five members of the public spoke during the committee hearing, with each expressing support for the bill.

“The right to decide when and how to have a child is fundamental to a person’s dignity and equality,” said Javonne Rich of the American Civil Liberties Union of Delaware.

According to Melanie Ross Levin, director of the Delaware Office of Women’s Advancement and Advocacy, only three other states have statutes criminalizing self-managed abortions. Too many women, particularly the poor and people of color, have been criminally charged for having abortions, she said.

Two GOP lawmakers on the committee raised brief concerns about the message the bill sends, with Rep. Ruth Briggs King questioning whether state law adequately defines self-managed abortion. A House attorney attempted to assuage the Georgetown Republican’s concerns, promising to dig through the code further in search of a definition.