What Is In The Alabama Abortion Ban Bill? Let’s Break It Down Section By Section
Unless you’ve been under a rock, you’ve heard about the Alabama abortion ban bill that is taking the nation by storm. I am here to break it down so we can get straight to the facts.
HB314 begins by mentioning it’s initial intentions. These intentions are the following: make abortion and attempted abortion a felony except in cases of health of the mother and that a woman who receives or seeks an abortion will not be held criminally liable.
Section 1 states the title, “The Alabama Human Life Protection Act.”
Section 2 states that the state’s statute that criminalizes abortion was never repealed, but was unenforceable because of Roe v. Wade (1973) (Lines 15-25).
Subsection b, line 1 (page 2), states that the members of the Alabama legislature approved a constitutional amendment with majority of the vote that recognizes the sanctity of life and that the unborn have rights. It also states on lines 6-8 that the Constitution of Alabama (1901) does not include the right to an abortion nor does it require that the state provide funds for abortions.
Subsection c, line 9 (page 2), serves as a reminder that the state does recognize the humanity of a child in utero in their homicide laws, regardless of viability or gestational age.
Subsection d, lines 13-21 (page 2), serve as a reminder that all men are created equal and it’s under this that many injustices have been changed and that we recognize human equality in our fundamental base.
Subsection e, lines 22-24 (page 2) mentions that abortion activist mention abortion rights but seemingly ignore the unborn and that science is recognizing the humanity of unborn child.
Subsections f, g, and h, lines 1-13 (page 3) go over the ability to see a baby’s heartbeat at six weeks, hearing it at eight weeks, seeing the baby developing through ultrasound, being able to see formed unborn humans through fetal photography.
Subsection i, starting on line 14 on page 3 and ending on line 2 on page 4, goes over some history about the sanctity of life being disrespected in genocides and atrocities.
Section j, lines 3 (page 4), just points out that fact that there are judges who dissent with the Roe v. Wade (1973) decision.
Section 3 defines the meanings of the following terms from line 11 on page 4 to line 19 on page 6:
Abortion: using any device whether instrument or medical with the intent to terminate the pregnancy of a woman who knows that the termination will result in the death of a child but this term doesn’t apply if it’s for the health of the mother, removing a deceased unborn child, delivering an unborn child prematurely to save the life of a mother. This term doesn’t include procedures to terminate an ectopic pregnancy or procedures to terminate a pregnancy with a lethal anomaly
Ectopic pregnancy: a fertilized egg attaching itself outside of the uterus or inside the cornu of the uterus.
Lethal anomaly: any condition where a baby would die after birth, shortly thereafter, or a stillborn.
Medical emergency: a condition that complicates the medical condition of the mother and that her pregnancy must be terminated in order to avoid a serious health risk.
Physician: doctor in the state of Alabama to licensed practice medicine and surgery or osteopathic medicine and surgery.
Serious health risk to the unborn child’s mother: a medical condition that requires the termination of a pregnancy to avoid the mother dying or avoid risk of a substantial physical impairment of a major bodily function. This does not include a claim that a woman is suffering from an emotional condition or mental illness which would cause her to engage in conduct that could lead to the death of the child. However, this can be changed if a second doctor who is a licensed psychiatrist in the state of Alabama with a minimum of 3 years experience diagnoses the mother with a serious mental illness and in reasonable medical judgement, believe the mother will engage in active that would lead to the death of her child or death of herself.
Unborn child, child, or person: a human being at any stage of development.
Woman: A female human being regardless of age.
Section 4 (starting on line 20, page 6 and ending on line 6, page 7) makes it illegal for any person to perform an abortion or attempt to perform an abortion except for health of the mother, medical emergency.
Section 5 (lines 7-11, page 7) states that no woman can be held criminally or civilly liable for her abortion.
Section 6 (lines 12-15, page 7) makes performing an abortion a Class A felony and an attempted abortion a Class C felony.
Section 7 (lines 16-19, page 7) states that a doctor performing an abortion for a medical emergency is exempt from penalty.
Section 8 (starting on line 20, page 7 and ending on line 2, page 8) makes any previous law regarding this matter null and void.
RELATED: What Is In The Georgia’s Fetal Heartbeat Bill? Let’s Break It Down Section By Section
Section 9 (lines 3-10, page 8) says the bill is excluded from current unfunded mandate laws because its creating a new crime.
Section 10 (lines 11-13, page 8) says the bill will become law six months after the Governor, or otherwise signs it into law.
You can read the bill for yourself here.
FFL Cabinet Member