Alabama 2022 Regular Session

Alabama House Bill HB295 Compare Versions

Only one version of the bill is available at this time.

Old	New	Differences
1	1	1 HB295
2	2	2 216483-2
3	3	3 By Representative Kiel
4	4	4 RFD: Judiciary
5	5	5 First Read: 08-FEB-22
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14	14	8 SYNOPSIS: Under existing law, it is unlawful for any
15	15	9 person to intentionally perform or attempt to
16	16	10 perform an abortion except where a medical
17	17	11 emergency exists.
18	18	12 This bill would prohibit an abortion from
19	19	13 being performed if a fetal heartbeat has been
20	20	14 detected or if no test for a fetal heartbeat has
21	21	15 been performed, except in circumstances where a
22	22	16 medical emergency exists.
23	23	17 This bill would provide a private cause of
24	24	18 action for enforcement of this act against any
25	25	19 person who performs or induces an abortion or who
26	26	20 knowingly engages in conduct that aids or abets the
27	27	21 performance or inducement of an abortion, including
28	28	22 paying for or reimbursing costs of an abortion.
29	29	23 This bill would provide injunctive relief
30	30	24 and provide damages in an amount of not less than
31	31	25 $10,000 for each abortion performed or induced and
32	32	26 attorney fees.
33	33	Page 1 1 This bill would provide that a defendant
34	34	2 against whom a civil action is brought does not
35	35	3 have standing to assert the rights of women seeking
36	36	4 an abortion as a defense to liability, with certain
37	37	5 exceptions based on federal case law.
38	38	6 This bill would provide for affirmative
39	39	7 defenses to a cause of action.
40	40	8 This bill would prohibit a court from
41	41	9 awarding costs or attorney fees to a defendant in
42	42	10 an action brought against that defendant.
43	43	11 This bill would also provide that any person
44	44	12 who seeks declaratory or injunctive relief to
45	45	13 prevent this state from enforcing any law that
46	46	14 restricts abortion or that limits taxpayer funding
47	47	15 of abortions is jointly and severally liable to pay
48	48	16 costs and attorney fees of the prevailing party.
49	49	17
50	50	18 A BILL
51	51	19 TO BE ENTITLED
52	52	20 AN ACT
53	53	21
54	54	22 Relating to abortion; to prohibit abortions after
55	55	23 detection of an unborn child's heartbeat; to authorize a
56	56	24 private civil right of action against anyone who performs or
57	57	25 aids and abets an abortion procedure; to provide for
58	58	26 injunctive relief and damages; to provide for certain defenses
59	59	27 in a cause of action; to prohibit a court from awarding costs
60	60	Page 2 1 or attorney fees to a defendant under certain circumstances;
61	61	2 and to provide that a person challenging a state abortion law
62	62	3 pay the costs and attorney fees of the prevailing party.
63	63	4 BE IT ENACTED BY THE LEGISLATURE OF ALABAMA:
64	64	5 Section 1. This act shall be known and may be cited
65	65	6 as the Alabama Heartbeat Act.
66	66	7 Section 2. For the purposes of this act, the
67	67	8 following terms shall have the following meanings:
68	68	9 (1) ABORTION. The same meaning as in Section
69	69	10 26-23H-3, Code of Alabama 1975.
70	70	11 (2) ECTOPIC PREGNANCY. The same meaning as in
71	71	12 Section 26-23H-3, Code of Alabama 1975.
72	72	13 (3) FETAL HEARTBEAT. A cardiac activity or the
73	73	14 steady and repetitive rhythmic contraction of the fetal heart
74	74	15 within the gestational sac.
75	75	16 (4) GESTATIONAL AGE. The amount of time that has
76	76	17 elapsed from the first day of a woman's last menstrual period.
77	77	18 (5) GESTATIONAL SAC. The structure comprising the
78	78	19 extraembryonic membranes that envelop the unborn child and
79	79	20 that is typically visible by ultrasound after the fourth week
80	80	21 of pregnancy.
81	81	22 (6) LETHAL ANOMALY. The same meaning as in Section
82	82	23 26-23H-3, Code of Alabama 1975.
83	83	24 (7) PHYSICIAN. An individual licensed to practice
84	84	25 medicine or osteopathy in this state.
85	85	26 (8) PREGNANCY. The human female reproductive
86	86	27 condition that:
87	87	Page 3 1 a. Begins with fertilization;
88	88	2 b. Occurs when the woman is carrying the developing
89	89	3 human offspring; and
90	90	4 c. Is calculated from the first day of the woman's
91	91	5 last menstrual period.
92	92	6 (9) SERIOUS HEALTH RISK TO THE UNBORN CHILD'S
93	93	7 MOTHER. The same meaning as in Section 26-23H-3, Code of
94	94	8 Alabama 1975.
95	95	9 (10) STANDARD MEDICAL PRACTICE. The degree of skill,
96	96	10 care, and diligence that an obstetrician of ordinary judgment,
97	97	11 learning, and skill would employ in like circumstances.
98	98	12 (11) UNBORN CHILD. A human fetus or embryo in any
99	99	13 stage of gestation from fertilization until birth.
100	100	14 (12) WOMAN. Any individual whose biological sex is
101	101	15 female, including any individual with XX chromosomes and any
102	102	16 individual with a uterus, regardless of any gender identity
103	103	17 that the individual asserts or claims.
104	104	18 Section 3. The Legislature finds, according to
105	105	19 contemporary medical research, all of the following:
106	106	20 (1) That a fetal heartbeat has become a key medical
107	107	21 predictor that an unborn child will reach live birth.
108	108	22 (2) That cardiac activity begins at a biologically
109	109	23 identifiable moment in time, normally when the fetal heart is
110	110	24 formed in the gestational sac.
111	111	25 (3) That this state has compelling interests from
112	112	26 the outset of a woman's pregnancy in protecting the health of
113	113	27 the woman and the life of the unborn child.
114	114	Page 4 1 (4) That to make an informed choice about whether to
115	115	2 continue her pregnancy, the pregnant woman has a compelling
116	116	3 interest in knowing the likelihood of her unborn child
117	117	4 surviving to full-term birth based on the presence of cardiac
118	118	5 activity.
119	119	6 Section 4. (a) For the purposes of determining the
120	120	7 presence of a fetal heartbeat under this section, "standard
121	121	8 medical practice" includes employing the appropriate means of
122	122	9 detecting the heartbeat based on the estimated gestational age
123	123	10 of the unborn child and the condition of the woman and her
124	124	11 pregnancy.
125	125	12 (b) Except as provided by Sections 6 and 7, an
126	126	13 abortion may not be performed or induced on a pregnant woman
127	127	14 unless a physician has determined, in accordance with this
128	128	15 section, whether the woman's unborn child has a detectable
129	129	16 fetal heartbeat.
130	130	17 (c) In making a determination under subsection (b),
131	131	18 the physician must use a test that meets both of the following
132	132	19 criteria:
133	133	20 (1) Is consistent with the physician's good faith
134	134	21 and reasonable understanding of standard medical practice.
135	135	22 (2) Is appropriate for the estimated gestational age
136	136	23 of the unborn child and the condition of the pregnant woman
137	137	24 and her pregnancy.
138	138	25 (d) A physician making a determination under
139	139	26 subsection (b) shall record in the pregnant woman's medical
140	140	27 record all of the following:
141	141	Page 5 1 (1) The estimated gestational age of the unborn
142	142	2 child.
143	143	3 (2) The method used to estimate the gestational age.
144	144	4 (3) The test used for detecting a fetal heartbeat,
145	145	5 including the date, time, and results of the test.
146	146	6 Section 5. (a) Except as provided by Sections 6 and
147	147	7 7, a physician may not knowingly perform or induce an abortion
148	148	8 on a pregnant woman if the physician detected a fetal
149	149	9 heartbeat for the unborn child as required by Section 4 or
150	150	10 failed to perform a test to detect a fetal heartbeat.
151	151	11 (b) A physician does not violate this section if the
152	152	12 physician performed a test for a fetal heartbeat as required
153	153	13 by Section 4 and did not detect a fetal heartbeat.
154	154	14 (c) This section does not affect any of the
155	155	15 following:
156	156	16 (1) Any provision of Title 26 that restricts or
157	157	17 regulates an abortion by a particular method or during a
158	158	18 particular stage of pregnancy.
159	159	19 (2) Any other provision of state law that regulates
160	160	20 or prohibits abortion.
161	161	21 (3) Physician performance of dilation and curettage
162	162	22 and similar procedures to remove remaining dead tissue or
163	163	23 other products of an abortion after the abortion was
164	164	24 performed.
165	165	25 (4) Physician treatment of patients and performance
166	166	26 of procedures associated with in vitro fertilization.
167	167	Page 6 1 Section 6. (a) Sections 4 and 5 do not apply if a
168	168	2 physician believes a medical emergency exists that prevents
169	169	3 compliance with this act.
170	170	4 (b) A physician who performs or induces an abortion
171	171	5 under circumstances described by subsection (a) shall make
172	172	6 written notations in the pregnant woman's medical record of
173	173	7 both of the following:
174	174	8 (1) The physician's belief that a medical emergency
175	175	9 necessitated the abortion.
176	176	10 (2) The medical condition of the pregnant woman that
177	177	11 prevented compliance with this act.
178	178	12 (c) A physician performing or inducing an abortion
179	179	13 under this section shall maintain in the physician's practice
180	180	14 records a copy of the notations made under subsection (b).
181	181	15 Section 7. Sections 4 and 5 do not apply to an
182	182	16 abortion performed at the behest of federal agencies,
183	183	17 contractors, or employees that are carrying out duties under
184	184	18 federal law, if a prohibition on that abortion would violate
185	185	19 the doctrines of preemption or intergovernmental immunity.
186	186	20 Section 8. (a) This act does not create or recognize
187	187	21 a right to abortion before a fetal heartbeat is detected.
188	188	22 (b) This act may not be construed to do either of
189	189	23 the following:
190	190	24 (1) Authorize the initiation of a cause of action
191	191	25 against or the prosecution of a woman on whom an abortion is
192	192	26 performed or induced or attempted to be performed or induced
193	193	27 in violation of this act.
194	194	Page 7 1 (2) Wholly or partly repeal, either expressly or by
195	195	2 implication, any other law that regulates or prohibits
196	196	3 abortion.
197	197	4 Section 9. Notwithstanding any other law, the
198	198	5 requirements of this act shall be enforced exclusively through
199	199	6 the private civil actions described in Section 10. No direct
200	200	7 or indirect enforcement of this act may be taken or threatened
201	201	8 by this state, a political subdivision, a district attorney,
202	202	9 or a public official or public employee of this state or a
203	203	10 political subdivision against any individual or entity, in any
204	204	11 manner whatsoever, except as provided in Section 10, and no
205	205	12 violation of this act may be used to justify or trigger the
206	206	13 enforcement of any other law or any type of adverse
207	207	14 consequence under any other law, except as provided in Section
208	208	15 10, provided, that this section does not preclude enforcement
209	209	16 of any other law or regulation against conduct that is
210	210	17 independently prohibited by the other law or regulation.
211	211	18 Section 10. (a) Any person, other than this state, a
212	212	19 political subdivision of this state, and any public official
213	213	20 or public employee of this state or political subdivision of
214	214	21 this state, may bring a civil action against any person who
215	215	22 does any of the following:
216	216	23 (1) Performs or induces an abortion in violation of
217	217	24 this act.
218	218	25 (2) Knowingly engages in conduct that aids or abets
219	219	26 the performance or inducement of an abortion, including paying
220	220	27 for or reimbursing the costs of an abortion through insurance
221	221	Page 8 1 or otherwise, if the abortion is performed or induced in
222	222	2 violation of this act, regardless of whether the person knew
223	223	3 or should have known that the abortion would be performed or
224	224	4 induced in violation of this act.
225	225	5 (3) Intends to engage in the conduct described by
226	226	6 subdivision (1) or (2).
227	227	7 (b) If a claimant prevails in an action brought
228	228	8 under this section, the court shall award all of the
229	229	9 following:
230	230	10 (1) Injunctive relief sufficient to prevent the
231	231	11 defendant from violating this act or engaging in acts that aid
232	232	12 or abet violations of this act.
233	233	13 (2) Statutory damages in an amount of not less than
234	234	14 ten thousand dollars ($10,000) for each abortion that the
235	235	15 defendant performed or induced in violation of this act and
236	236	16 for each abortion performed or induced in violation of this
237	237	17 act that the defendant aided or abetted.
238	238	18 (3) Nominal and compensatory damages if the
239	239	19 plaintiff has suffered harm from the defendant's conduct,
240	240	20 including, but not limited to, loss of consortium and
241	241	21 emotional distress.
242	242	22 (4) Court costs and attorney fees.
243	243	23 (c) Notwithstanding subsection (b), a court may not
244	244	24 award relief under subdivision (b)(2) or (4) in response to a
245	245	25 violation of subdivision (a)(1) or (2) if the defendant
246	246	26 demonstrates that the defendant previously paid or has been
247	247	27 ordered to pay the full amount of statutory damages under
248	248	Page 9 1 subdivision (b)(2) in a previous action for that particular
249	249	2 abortion performed or induced in violation of this act or for
250	250	3 the particular conduct that aided or abetted an abortion
251	251	4 performed or induced in violation of this act.
252	252	5 (d) Notwithstanding Title 6, Code of Alabama 1975,
253	253	6 or any other law, a person may bring an action under this
254	254	7 section not later than six years from the date the cause of
255	255	8 action accrues.
256	256	9 (e) Notwithstanding any other law, the following are
257	257	10 not a defense to an action brought under this section:
258	258	11 (1) Ignorance or mistake of law.
259	259	12 (2) A defendant's belief that the requirements of
260	260	13 this act are unconstitutional or were unconstitutional.
261	261	14 (3) A defendant's reliance on any court decision
262	262	15 that has been overruled on appeal or by a subsequent court,
263	263	16 even if that court decision had not been overruled when the
264	264	17 defendant violated subsection (a).
265	265	18 (4) A defendant's reliance on any state or federal
266	266	19 court decision that is not binding on the court in which the
267	267	20 action has been brought.
268	268	21 (5) Non-mutual issue preclusion or non-mutual claim
269	269	22 preclusion.
270	270	23 (6) The consent of the unborn child's mother to the
271	271	24 abortion.
272	272	25 (7) Any claim that the enforcement of this act or
273	273	26 the imposition of civil liability against the defendant will
274	274	Page 10 1 violate the constitutional rights of third parties, except as
275	275	2 provided by Section 11.
276	276	3 (f) It is an affirmative defense to an action under
277	277	4 this section if a person sued under subdivision (a)(2) or (3)
278	278	5 reasonably believed, after conducting a reasonable
279	279	6 investigation, that the persons involved with performing or
280	280	7 facilitating the abortion would comply with every requirement
281	281	8 and provision of this act.
282	282	9 (g) The defendant has the burden of proving an
283	283	10 affirmative defense under subsection (f) by a preponderance of
284	284	11 the evidence.
285	285	12 (h) This section may not be construed to impose
286	286	13 liability on any speech or conduct protected by the First
287	287	14 Amendment of the United States Constitution, as made
288	288	15 applicable to the states through the United States Supreme
289	289	16 Court's interpretation of the Fourteenth Amendment of the
290	290	17 United States Constitution, or by Section 4, Article 1,
291	291	18 Constitution of Alabama of 1901.
292	292	19 (i)(1) Notwithstanding any other law, neither this
293	293	20 state, nor its political subdivisions, nor any public official
294	294	21 or employee of this state or its political subdivisions may do
295	295	22 any of the following:
296	296	23 a. Act in concert or participation with anyone who
297	297	24 brings suit under this section.
298	298	25 b. Establish or attempt to establish any type of
299	299	26 agency or fiduciary relationship with a plaintiff who brings
300	300	27 suit under this section.
301	301	Page 11 1 c. Make any attempt to control or influence a
302	302	2 plaintiff's decision to bring suit under this section or the
303	303	3 plaintiff's conduct of the litigation.
304	304	4 d. Intervene in any action brought under this
305	305	5 section.
306	306	6 (2) This subsection does not prohibit an individual
307	307	7 or entity described by this subsection from filing an amicus
308	308	8 curiae brief in the action, so long as that person or entity
309	309	9 does not act in concert or participation with the plaintiff or
310	310	10 plaintiffs who sue under this section or violate any provision
311	311	11 of this subsection.
312	312	12 (j) Notwithstanding any other law, a court may not
313	313	13 award costs or attorney's fees to a defendant in an action
314	314	14 brought under this section.
315	315	15 (k) Notwithstanding any other law, a civil action
316	316	16 under this section may not be brought in any of the following
317	317	17 ways:
318	318	18 (1) Against the woman upon whom an abortion was
319	319	19 performed or induced or attempted to be performed or induced
320	320	20 in violation of this act, or against a pregnant woman who
321	321	21 intends or seeks to abort her unborn child in violation of
322	322	22 this act.
323	323	23 (2) Against any person or entity that performs, aids
324	324	24 or abets, or attempts to perform or aid or abet an abortion at
325	325	25 the behest of federal agencies, contractors, or employees that
326	326	26 are carrying out duties under federal law, if a prohibition on
327	327	Page 12 1 that abortion would violate the doctrines of preemption or
328	328	2 intergovernmental immunity.
329	329	3 (3) Against any common carrier that transports a
330	330	4 pregnant woman to an abortion provider, if the common carrier
331	331	5 is unaware that the woman intends to abort her unborn child.
332	332	6 (4) By any person who impregnated the abortion
333	333	7 patient through an act of rape, sexual abuse, incest, or any
334	334	8 other sex offense referenced in Section 15-20A-5, Code of
335	335	9 Alabama 1975.
336	336	10 Section 11. (a) A defendant against whom an action
337	337	11 is brought under Section 10 may assert an affirmative defense
338	338	12 to liability under this section if each of the following
339	339	13 conditions is met:
340	340	14 (1) The defendant has standing to assert the rights
341	341	15 of a woman or group of women seeking an abortion under the
342	342	16 tests for third-party standing established by the Supreme
343	343	17 Court of the United States.
344	344	18 (2) The imposition of civil liability on the
345	345	19 defendant will result in an undue burden on a woman or group
346	346	20 of women seeking an abortion.
347	347	21 (b) The defendant shall bear the burden of proving
348	348	22 the affirmative defense in subsection (a) by a preponderance
349	349	23 of the evidence.
350	350	24 (c) The affirmative defense under subsection (a) is
351	351	25 not available if the Supreme Court of the United States
352	352	26 overrules Roe v. Wade, 410 U.S. 113 (1973) or Planned
353	353	27 Parenthood v. Casey, 505 U.S. 833 (1992), regardless of
354	354	Page 13 1 whether the conduct on which the cause of action is based
355	355	2 under Section 10 occurred before the Supreme Court overruled
356	356	3 either of those decisions.
357	357	4 (d) Nothing in this section or act shall limit or
358	358	5 preclude a defendant from asserting the defendant's personal
359	359	6 constitutional rights as a defense to liability under Section
360	360	7 10, and a court may not award relief under Section 10 if the
361	361	8 conduct for which the defendant has been sued was an exercise
362	362	9 of state or federal constitutional rights that personally
363	363	10 belong to the defendant.
364	364	11 (e) Nothing in this section or act shall limit or
365	365	12 preclude a defendant from asserting the unconstitutionality of
366	366	13 any provision or application of this act as a defense to
367	367	14 liability under Section 10.
368	368	15 Section 12. (a) Notwithstanding any other law, the
369	369	16 state shall have sovereign immunity, each of its political
370	370	17 subdivisions shall have governmental immunity, and each
371	371	18 officer and employee of this state or a political subdivision
372	372	19 shall have official immunity in any action, claim,
373	373	20 counterclaim, or any type of legal or equitable action that
374	374	21 challenges the validity of any provision or application of
375	375	22 this act, on constitutional grounds or otherwise, or that
376	376	23 seeks to prevent or enjoin the state, its political
377	377	24 subdivisions, or any officer or employee of this state or a
378	378	25 political subdivision from enforcing any provision or
379	379	26 application of this act, unless that immunity has been
380	380	Page 14 1 abrogated or preempted by federal law in a manner consistent
381	381	2 with the Constitution of the United States.
382	382	3 (b) Notwithstanding any other law, no provision of
383	383	4 state law may be construed to waive or abrogate an immunity
384	384	5 described in subsection (a) unless it expressly waives or
385	385	6 abrogates immunity with specific reference to this section.
386	386	7 (c) Notwithstanding any other law, no attorney
387	387	8 representing the state, its political subdivisions, or any
388	388	9 officer or employee of this state or a political subdivision
389	389	10 is authorized or permitted to waive an immunity described in
390	390	11 subsection (a) or take any action that would result in a
391	391	12 waiver of that immunity.
392	392	13 (d) Notwithstanding any other law, no court of this
393	393	14 state shall have jurisdiction to consider any action, claim,
394	394	15 or counterclaim that seeks declaratory or injunctive relief to
395	395	16 prevent the state, its political subdivisions, any officer or
396	396	17 employee of this state or a political subdivision, or any
397	397	18 person from enforcing any provision or application of this
398	398	19 act, or from filing a civil action under this act.
399	399	20 (e) Nothing in this section or act shall be
400	400	21 construed to prevent a litigant from asserting the invalidity
401	401	22 or unconstitutionality of any provision or application of this
402	402	23 act as a defense to any action, claim, or counterclaim brought
403	403	24 against that litigant.
404	404	25 Section 13. (a) Notwithstanding any other law, any
405	405	26 person, including an entity, attorney, or law firm, who seeks
406	406	27 declaratory or injunctive relief to prevent this state, a
407	407	Page 15 1 political subdivision, any governmental entity or public
408	408	2 official in this state, or any person in this state from
409	409	3 enforcing any state law, ordinance, rule, or any other type of
410	410	4 law that regulates or restricts abortion or that limits
411	411	5 taxpayer funding for individuals or entities that perform or
412	412	6 promote abortions, in any state or federal court, or that
413	413	7 represents any litigant seeking such relief in any state or
414	414	8 federal court, is jointly and severally liable to pay the
415	415	9 court costs and attorney fees of the prevailing party.
416	416	10 (b) For purposes of this section, a party is
417	417	11 considered a prevailing party with respect to a particular
418	418	12 claim or cause of action if a state or federal court does
419	419	13 either of the following:
420	420	14 (1) Dismisses any claim or cause of action brought
421	421	15 against the party that seeks the declaratory or injunctive
422	422	16 relief described by subsection (a), regardless of the reason
423	423	17 for the dismissal.
424	424	18 (2) Enters judgment in the party's favor on any such
425	425	19 claim or cause of action.
426	426	20 (c) Regardless of whether a prevailing party sought
427	427	21 to recover costs or attorney fees in the underlying action, a
428	428	22 prevailing party under this section may bring a civil action
429	429	23 to recover costs and attorney fees against a person, including
430	430	24 an entity, attorney, or law firm, that sought declaratory or
431	431	25 injunctive relief described by subsection (a) not later than
432	432	26 the third anniversary of the date on which, as applicable,
433	433	27 either of the following occurs:
434	434	Page 16 1 (1) The dismissal or judgment described by
435	435	2 subsection (b) becomes final on the conclusion of appellate
436	436	3 review.
437	437	4 (2) The time for seeking appellate review expires.
438	438	5 (d) It is not a defense to an action brought under
439	439	6 subsection (c) that any of the following occur:
440	440	7 (1) A prevailing party under this section failed to
441	441	8 seek recovery of costs or attorney fees in the underlying
442	442	9 action.
443	443	10 (2) The court in the underlying action declined to
444	444	11 recognize or enforce the requirements of this section.
445	445	12 (3) The court in the underlying action held that any
446	446	13 provisions of this section are invalid, unconstitutional, or
447	447	14 preempted by federal law, notwithstanding the doctrines of
448	448	15 issue or claim preclusion.
449	449	16 Section 14. (a) A state law that regulates or
450	450	17 prohibits abortion may not be construed to repeal any other
451	451	18 law that regulates or prohibits abortion, either wholly or
452	452	19 partly, unless the act of the Legislature repealing the law
453	453	20 explicitly states that it is repealing the other law.
454	454	21 (b) A state law may not be construed to restrict a
455	455	22 political subdivision from regulating or prohibiting abortion
456	456	23 unless the law explicitly states that political subdivisions
457	457	24 are prohibited from regulating or prohibiting abortion in the
458	458	25 manner described by the state law.
459	459	26 (c)(1) Every state law that regulates or prohibits
460	460	27 abortion is severable in each of its applications to every
461	461	Page 17 1 person and circumstance. If any law that regulates or
462	462	2 prohibits abortion is found by any court to be
463	463	3 unconstitutional, either on its face or as applied, then all
464	464	4 applications of that law that do not violate federal law, the
465	465	5 United States Constitution, and the Constitution of Alabama of
466	466	6 1901, or impose an undue burden on women seeking abortions,
467	467	7 shall be severed from the unconstitutional applications and
468	468	8 shall remain enforceable, notwithstanding any other law.
469	469	9 (2) If any state or federal court disregards the
470	470	10 severability requirement of this subsection, or declares or
471	471	11 finds any provision of state law that regulates or prohibits
472	472	12 abortion to be facially unconstitutional, when there are
473	473	13 discrete applications of that provision that can be enforced
474	474	14 against a person, group of persons, or circumstances without
475	475	15 violating federal law, the United States Constitution, and the
476	476	16 Constitution of Alabama of 1901, or imposing an undue burden
477	477	17 on women seeking abortions, then that provision shall be
478	478	18 interpreted, as a matter of state law, as if the Legislature
479	479	19 had enacted a provision limited to the persons, group of
480	480	20 persons, or circumstances for which the provision's
481	481	21 application will not violate federal law, the federal or state
482	482	22 constitutions, or impose an undue burden on women seeking
483	483	23 abortions, and every court shall adopt this saving
484	484	24 construction of that provision until the court ruling that
485	485	25 pronounced the provision facially unconstitutional is vacated
486	486	26 or overruled.
487	487	Page 18 1 Section 15. The provisions of this act are
488	488	2 severable. If any part of this act is declared invalid or
489	489	3 unconstitutional, that declaration shall not affect the part
490	490	4 which remains.
491	491	5 Section 16. This act shall become effective on the
492	492	6 first day of the third month following its passage and
493	493	7 approval by the Governor, or its otherwise becoming law.
494	494	Page 19