Alabama 2024 Regular Session

Alabama House Bill HB80 Compare Versions

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

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1	1	HB80INTRODUCED
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3	3	HB80
4	4	PAHSGRG-1
5	5	By Representative Givan
6	6	RFD: Judiciary
7	7	First Read: 06-Feb-24
8	8	PFD: 01-Feb-24
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14	14	6 PAHSGRG-1 01/31/2024 GP (L)lg 2024-412
15	15	Page 1
16	16	PFD: 01-Feb-24
17	17	SYNOPSIS:
18	18	Under existing law, abortion is prohibited
19	19	except to prevent a serious health risk to the unborn
20	20	child's mother.
21	21	This bill would authorize an abortion necessary
22	22	to preserve the life of the unborn child's mother.
23	23	This bill would require that, if an abortion is
24	24	required to preserve the health of an unborn child's
25	25	mother, the father of the unborn child must pay for all
26	26	medical expenses related to the pregnancy and the
27	27	abortion, unless the mother waives the payment
28	28	requirement.
29	29	This bill would authorize a district court to
30	30	adjudicate paternity if an alleged father who is
31	31	required to pay expenses disputes paternity.
32	32	This bill would also authorize the father of an
33	33	unborn child who is required to pay expenses to
34	34	petition the district court for relief, and would
35	35	authorize the district court to grant relief on the
36	36	condition that the father agrees to undergo a
37	37	vasectomy.
38	38	A BILL
39	39	TO BE ENTITLED
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67	67	28 HB80 INTRODUCED
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69	69	TO BE ENTITLED
70	70	AN ACT
71	71	Relating to abortion; to amend Sections 26-23H-3 and
72	72	26-23H-4, Code of Alabama 1975; to add Section 26-23H-4.1 to
73	73	the Code of Alabama 1975; to authorize an abortion to preserve
74	74	the life of the unborn child's mother; to require the father
75	75	to pay for an abortion required to preserve the life of the
76	76	mother and certain other medical expenses, unless the mother
77	77	waives the requirement; to authorize a district court to
78	78	adjudicate disputed paternity; to authorize the father to
79	79	petition the district court for relief; and to authorize the
80	80	district court to grant relief if the father agrees to undergo
81	81	a vasectomy.
82	82	BE IT ENACTED BY THE LEGISLATURE OF ALABAMA:
83	83	Section 1. Sections 26-23H-3 and 26-23H-4, Code of
84	84	Alabama 1975, are amended to read as follows: FIX THIS
85	85	"§26-23H-3
86	86	As used in this chapter, the following terms shall have
87	87	the following meanings:
88	88	(1) ABORTION. The use or prescription of any
89	89	instrument, medicine, drug, or any other substance or device
90	90	with the intent to terminate the pregnancy of a woman known to
91	91	be pregnant with knowledge that the termination by those means
92	92	will with reasonable likelihood cause the death of the unborn
93	93	child. The term does not include these activities if done with
94	94	the intent to save the life or preserve the health of an
95	95	unborn child, remove a dead unborn child, to deliver the
96	96	unborn child prematurely to avoid a serious health risk to
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126	126	unborn child prematurely to avoid a serious health risk to
127	127	preserve the health of the unborn child's mother, or to
128	128	preserve the health of her unborn child. The term does not
129	129	include a procedure or act to terminate the pregnancy of a
130	130	woman with an ectopic pregnancy, nor does it include the
131	131	procedure or act to terminate the pregnancy of a woman when
132	132	the unborn child has a lethal anomaly.
133	133	(2) ECTOPIC PREGNANCY. Any pregnancy resulting from
134	134	either a fertilized egg that has implanted or attached outside
135	135	the uterus or a fertilized egg implanted inside the cornu of
136	136	the uterus.
137	137	(3) LETHAL ANOMALY. A condition from which an unborn
138	138	child would die after birth or shortly thereafter or be
139	139	stillborn.
140	140	(4) MAN. A male human being, whether or not he has
141	141	reached the age of majority.
142	142	(4)(5) MEDICAL EMERGENCY. A condition which, in
143	143	reasonable medical judgment, so complicates the medical
144	144	condition of the pregnant woman that her pregnancy must be
145	145	terminated to avoid a serious health risk as defined in this
146	146	chapter.
147	147	(5)(6) PHYSICIAN. A person licensed to practice
148	148	medicine and surgery or osteopathic medicine and surgery in
149	149	Alabama.
150	150	(6) SERIOUS HEALTH RISK TO THE UNBORN CHILD'S MOTHER.
151	151	In reasonable medical judgment, the child's mother has a
152	152	condition that so complicates her medical condition that it
153	153	necessitates the termination of her pregnancy to avert her
154	154	death or to avert serious risk of substantial physical
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184	184	death or to avert serious risk of substantial physical
185	185	impairment of a major bodily function. This term does not
186	186	include a condition based on a claim that the woman is
187	187	suffering from an emotional condition or a mental illness
188	188	which will cause her to engage in conduct that intends to
189	189	result in her death or the death of her unborn child. However,
190	190	the condition may exist if a second physician who is licensed
191	191	in Alabama as a psychiatrist, with a minimum of three years of
192	192	clinical experience, examines the woman and documents that the
193	193	woman has a diagnosed serious mental illness and because of
194	194	it, there is reasonable medical judgment that she will engage
195	195	in conduct that could result in her death or the death of her
196	196	unborn child. If the mental health diagnosis and likelihood of
197	197	conduct is confirmed as provided in this chapter, and it is
198	198	determined that a termination of her pregnancy is medically
199	199	necessary to avoid the conduct, the termination may be
200	200	performed and shall be only performed by a physician licensed
201	201	in Alabama in a hospital as defined in the Alabama
202	202	Administrative Code and to which he or she has admitting
203	203	privileges.
204	204	(7) UNBORN CHILD, CHILD, OR PERSON. A human being,
205	205	specifically including an unborn child in utero at any stage
206	206	of development, regardless of viability.
207	207	(8) WOMAN. A female human being, whether or not she has
208	208	reached the age of majority."
209	209	"§26-23H-4
210	210	(a) It shall be unlawful for any person to
211	211	intentionally perform or attempt to perform an abortion except
212	212	as provided for by subsection (b).
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242	242	as provided for by subsection (b).
243	243	(b) An abortion shall be permitted if an attending
244	244	physician licensed in Alabama determines that an abortion is
245	245	necessary in order to prevent a serious health risk to
246	246	preserve the health of the unborn child's mother. Except in
247	247	the case of a medical emergency as defined herein, the
248	248	physician's determination shall be confirmed in writing by a
249	249	second physician licensed in Alabama. The confirmation shall
250	250	occur within 180 days after the abortion is completed and
251	251	shall be prima facie evidence for a permitted abortion."
252	252	Section 2. Section 26-23H-4.1 is added to the Code of
253	253	Alabama 1975, to read as follows:
254	254	§26-23H-4.1
255	255	(a)(1) Except as provided in subdivision (2), if an
256	256	abortion is necessary to preserve the health of an unborn
257	257	child's mother pursuant to Section 26-23H-4, the unborn
258	258	child's father shall pay for all medical expenses associated
259	259	with the pregnancy and the abortion including, but not limited
260	260	to, expenses associated with any complications resulting from
261	261	the pregnancy.
262	262	(2) The mother of an unborn child for whom an abortion
263	263	is required to preserve her health may opt not to require
264	264	payment from the unborn child's father by completing and
265	265	submitting a waiver to the district court in the county in
266	266	which she resides. The waiver shall be developed by the
267	267	Administrative Office of Courts.
268	268	(b) A father required to pay for expenses pursuant to
269	269	subsection (a) may petition the district court for relief from
270	270	those requirements, provided that the father agrees to undergo
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300	300	those requirements, provided that the father agrees to undergo
301	301	a vasectomy. A man required to undergo a vasectomy under this
302	302	subsection must provide the court with documentation of the
303	303	vasectomy.
304	304	(c) If a man required to pay for expenses pursuant to
305	305	subsection (a) disputes that he is the father of the unborn
306	306	child in question, he may petition the district court to
307	307	adjudicate paternity. If the court determines that the man is
308	308	the biological father of the unborn child, he must either pay
309	309	the expenses required by subsection (a) or petition for a
310	310	grant of relief pursuant to subsection (b).
311	311	(d)(1) Appropriate venue for a proceeding under this
312	312	section is the county of this state in which the unborn
313	313	child's alleged father resides or in which the unborn child's
314	314	mother resides.
315	315	(2) Court proceedings under this section shall be given
316	316	such precedence over other pending matters as is necessary to
317	317	ensure that the court may reach a decision promptly, but in no
318	318	case shall the court fail to rule within 48 hours of the time
319	319	the petition is filed, Saturdays, Sundays, and legal holidays
320	320	excluded.
321	321	Section 3. This act shall become effective on October
322	322	1, 2024.
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